Regional Workshop Environmental Crime/Environmental ... - RENA

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Duties of Expert Witness • The primary duty/obligation of the expert witness is to the court and not to the client. • The opinion the expert witness expresses should be within that individual’s area of expertise • Should present accurate and complete information, taking into account all relevant matters and not taking into account irrelevant matters • The factual information underlying any opinion evidence must be based on actual knowledge or on an identifiable source of information • The opinions should be the expert’s own, formed independently, and not the views of either the client or of any other person. Duties of Expert Witness • Expert evidence presented to the Court should be, and should be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies of litigation. • An expert witness should provide independent assistance to the Court by way of objective unbiased opinion in relation to matters within his expertise. • An expert witness in the Court should never assume the role of an advocate. • An expert witness should state the facts or assumption upon which his opinion is based. • An expert witness should make it clear when a particular question or issue falls outside his expertise. Is the Court obliged to accept the expert witness’ report as evidence? Three concepts: 1. The Court in line with the “ free evaluation of evidence“principle evaluates the expert witness report like any other evidence in the procedure (can refuse the report or replace it with its own opinion) 2. The Court, having no specific expertise, is completely bound to the expert witness opinion 3. The court evaluates the expert witness report like any other evidence, agrees or disagrees with the findings. In case of disagreement, the Court can not replace it with its own opinion (rather re-examine or request opinion from other expert witness) RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia 4
General observations of the Court to determine the reliability of scientific evidence (Daubert standard) • Whether the scientific theory or technique is falsifiable, refutable, and testable. • Whether the scientific theory or technique “has been peer reviewed or published”? • “know or potential rate of error” • The existence and maintenance of standards controlling the technique’s operation • General acceptance in the “relevant scientific community” Different Expert Witness Opinions • Parties can provide comments on the expert witness report and opinion and request new expert witness expertise • If the second expert witness opinion is different from the first one, the Court can : – Evaluate both reports and accept the one which is more convincing – In case of dilemma, in line with dubio pro reo, accept the report which is more favourable for the defendant • The Court can request a third expert witness opinion, which can be merged with one of the previous reports Expert Witness Ethics RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia 5
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The European Union’s Instrument f
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RENA Activity 1.2 RISP 1 st Regiona
Page 5 and 6: Working Group 1 Strategic Planning
Page 7 and 8: This Project is funded by the Europ
Page 9 and 10: The need for environmental crime pr
Page 11 and 12: First ruling of the European Court
Page 13 and 14: Types of environmental criminal off
Page 15 and 16: Further criminal offences related t
Page 17 and 18: Directive 2008/99/EC on the Protect
Page 19 and 20: RENA Activity 1.2 RISP 1st Regional
Page 25 and 26: International Environmental Crimes
Page 27 and 28: Breeding a culture of lawlessness a
Page 29 and 30: Environmental crime and human right
Page 31 and 32: REGIONAL ENVIRONMENTAL NETWORK FOR
Page 33 and 34: Case three stages to reach criminal
Page 35 and 36: THANK YOU FOR YOUR ATTENTION RENA A
Page 37 and 38: with what 7 golden W (w)how why wha
Page 39 and 40: Karl Frauenberger Criminal Intellig
Page 41 and 42: Investigation by administrative aut
Page 43 and 44: illegal disposal of solid waste Pos
Page 45 and 46: Findings and Investigation by the P
Page 47 and 48: Environmental Crimes in Croatian le
Page 49 and 50: Environmental Crimes (Chapter 19 in
Page 51 and 52: Top environmental crimes (according
Page 53 and 54: Regional Environmental Network for
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Page 61 and 62: Most frequent Misdemeanour Cases in
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Page 65 and 66: Case 2: IPPC Installation; Waste Ac
Page 67 and 68: Case 3: IPPC site and Water Act Fac
Page 69 and 70: Environmental Crime/Environmental L
Page 71 and 72: The role of Misdemeanour offences i
Page 91 and 92: EU Liability Directive 2004/35/EC
Page 93 and 94: Limited scope of the Directive II
Page 95 and 96: How to remedy environmental damage?
Page 97 and 98: Member State Experience: Germany II
Page 99 and 100: Dr. Fritz Kroiss Environment Agency
Page 101 and 102: 1.2 One of the conclusions of the r
Page 103 and 104: Environmental liability enforcement
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