Master'sOpen Access

Evaluation of competences and sufficiency in experts

2022
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Advisor: Doç. Dr. Kenan Kaya

Abstract (EN)

Evaluation of Competences and Sufficiency in Experts Experts are who play an active role in the application of the law and the discovery of material truth in the proceedings, who are competent and adequately assist the justice system in their fields of expertise. The fact that experts are experts in their field and the ability to master this specialty is of great importance in the application of law. Along with the general definition of the expert system, the ways and principles of experts being competent and sufficient in our legal system and other legal systems are examined in our study. It is aimed to reveal the relationship between forensic sciences and the expert system, the importance of this relationship and its effects on the trial. In our study, the concepts of expert and expertise were examined in general terms. The equivalence of the concepts of competence and sufficiency in our legal system has been revealed, and it has been compared with other country models that we consider in comparative law. The competence and competencies of experts within the legal system of our country have been evaluated by considering the reports of national and international authorized institutions and organizations, laws, scientific research, as well as current high judicial decisions. Finally the conclusion has been reached that, In practice different expert reports on the same data and specific information gives different results,, the expertise of the expert who conducts the examination cannot be tied to a certain standard, that each of the expert institutions works with its own and different rules, and that the principles of admission, appointment and evaluation of an expert are insufficient. It has been observed that these deficiencies have prolonged the trial periods and the expected benefit has not been achieved. In the light of the information obtained as a result of all these studies, the importance and necessity of creating a certain scientific standard measure for the competence and sufficiency of experts and spreading this standard throughout the country by conducting it in one hand has been revealed. Keywords: Expert, Forensic Sciences, Competence, Sufficiency, Comparative Law

Author

Dr. Murat Kayahan Aksungur

How to Cite

Murat Kayahan Aksungur (Master Thesis). Evaluation of competences and sufficiency in experts, 2022, Çukurova University.

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