Increasing the efficiency of expert evidence – based on an empirical research

Abstract

Aim: The issue of expert evidence in the context of the efficiency of criminal procedures is less discussed in the literature, while the prevalence and importance of expert involvement in proceedings is undoubted, its cost and time requirements are notoriously critical. The aim of the study is to provide an overview of the factors influencing the efficiency of expert evidence, in close connection with the requirement of factual accuracy of the evidence. In order to support my viewpoint, I will present the most important results of the empirical research conducted at the National Institute of Criminology on the experiences of law enforcement between 2020 and 2022, in order to give new impetus to further research on the effectiveness of expert evidence.
Methodology: The paper presents the literature, the regulatory solutions, and the rationale of the Criminal Procedure and Forensic Expert Act and provide an insight into the empirical research opportunities of efficiency based on the results of a study completed last year.
Findings: In addition to time and cost factors, the results of expert evidence should be given greater weight among the efficiency requirements. An indicator of the effectiveness of an expert opinion is that it can be admitted into evidence without any concerns and used in establishing the facts, and thus relied upon in the judgment.
Value: The study is based on an analysis of the criminal legislation and comprehensive empirical research of the experience of law enforcement of expert evidence, the like of which has not been seen in Hungary since the 1980s. The questionnaire survey was carried out in cooperation with the court, the prosecution and the investigating authorities and involved all departments throughout the country. The results of the survey also provide input for further research on the subject.