Formation of Inner Conviction when Evaluating an Expert Conclusion as a Source of Evidence in Criminal Proceedings by the Judge

Abstract

The article analyzes conceptual bases of specific expertise use during evaluation of evidence in a case by the judge. Formation of internal conviction while the judge’s evaluation of an expert conclusion is connected with a number of challenges, among which the most significant one is the lack of specific expertise in a judge for a comprehensive and objective evaluation of such a conclusion. The research paper analyzes the process of court evaluation of the expert conclusion as evidence in criminal proceedings “on the basis of internal conviction” as well as identifies challenges faced by a judge in the course of such evaluation and analyzes methods for overcoming doubts during evaluation of an expert conclusion and judicial practice concerning the use by judges of means of clarification of the expert conclusion. Own vision of more efficient methods for overcoming doubts by the judge while expert conclusion evaluation is outlined.