INGA AVAGYAN

“Private Legal Center” Law Firm, Founding Director,

Advocate

DOI: https://doi.org/10.59546/18290744-2023.10-12-152

Annotation.

Expert activity is closely related to the process of proof, that is, to gathering, analyzing and evaluating evidence in order to reveal circumstances that are important for the legal, justified and fair resolution of the case, which is carried out by giving an expert opinion applying special knowledge. The expert opinion resulting from the examination, as an independent type of evidence, is estimated by the body conducting the proceedings, which are carried out according to the general rules of evidence assessment, taking into account the specifics of this type of evidence. The estimation of the expert’s conclusion implies the formation of an internal conviction by the body conducting the proceedings in a certain case regarding the scientific validity and credibility of the conclusion, as well as the evidential significance of the conclusions made in it. The use of an expert’s opinion as evidence for the purpose of revealing circumstances relevant to the case essentially depends on the evaluation of the next element, the credibility and scientific validity of the opinion. Thus, it can be noted that the possibility of using the expert’s conclusion as evidence depends on the credibility of the expert’s conclusion, which in turn can have a significant and central importance in making a final decision in criminal proceedings.

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