Guilty or Innocent? Relevance of Forensic Genetic Expert Opinions for the Defense

Abstract

Aim: The aim of the study is to emphasize the role of forensic genetic expert reports in criminal proceedings and to examine the conditions under which the defense has the potential to contract its own genetic expert. It also aims to present potential sources of error in forensic genetic expertise.
Methodology: The study was prepared by analyzing international and domestic legal norms, processing public professional reports and research summaries, as well as international and domestic literature.
Findings: In general, it is quite complicated for the defense to contract experts in Hungary, since the Criminal Procedure Act makes it subject to several conditions. In fact, due to the current legal environment and the position of DNA laboratories, employing a forensic DNA expert by the defendant or its consultant is practically close to impossible. However, in order to address any concerns of the expert report, it may be appropriate to involve another expert practicing in the same field.
Value: The author is the first in Hungary who analyses how can the defense contract its own forensic genetic expert. The study presents the potential sources of error in genetic expertise supported by extensive authentic literature.