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§ 2 — Article 12(2) sub-paragraph b Standards Forensic Pathology (007.1)

Article 12(2) sub-paragraph b

(...) has sufficient knowledge of and experience in the field of law concerned, and is sufficiently familiar with the position and the role of the expert in this field.

– In general an applicant should have adequate knowledge of Dutch criminal law:

• context of criminal law:

o Trias Politica, distinction between civil law, administrative law and criminal law.

• criminal law procedure:

o pre-trial investigation;

o coercive measures;

o stages of the proceedings;

o actors in the criminal justice system (tasks/powers/responsibilities);

o regulations concerning experts laid down in the Dutch Code of Criminal Procedure (position and powers of commissioning party, legal position of expert, position and powers of lawyer, forms of counter-analysis, register of experts in the context of criminal law);

o legal decision-making framework of the court in criminal cases (decision-making schedule laid down in Section 350 of the Dutch Criminal Code of Procedure), also with a view to the relevance of the commission to the expert and to the question at issue;

o course of the criminal trial;

o position of the expert in the court procedure.

• substantive criminal law:

o sanctions and grounds for exemption from criminal liability (very basic).

• knowledge of the legal context of safeguarding the quality of the expert and the analysis/investigation:

o position and role of the co-operating organisations in the criminal justice system in safeguarding the quality of the reports;

o professional codes and relevant regulations in relation to the NRGD Code of Conduct.

– In addition to the above requirements, an applicant for the field of expertise Forensic Pathology:

• should have adequate knowledge of principles of evidence in the context of the Dutch criminal law;

• should have adequate knowledge of the Wet op de lijkbezorging, the Besluit op de lijkbezorging, Wet toetsing levensbeëindiging op verzoek en hulp bij zelfdoding and the Wet op de orgaandonatie.

Regeling
Standards Forensic Pathology (007.1)
Soort
ZBO-regeling
Geldend vanaf
12-12-2016
BWB-id
BWBR0039077
Versie
2016-12-12_0

In de hele regeling · Officiële tekst op wetten.overheid.nl