Forensic Expert Ethics, Liability, and Professional Conduct
Ethics, Liability, and Conduct
This domain tests independence, impartiality, confidentiality, and the consequences of misconduct. Ethical rules are tied to the Law on Forensic Expert Activity and professional codes; liability can be disciplinary, civil, administrative, or criminal.
Core rules
- Independence: the expert owes duty to law and science, not to the appointing party; no ex parte communication or pressure.
- Objectivity: report limits, uncertainties, and contrary findings; do not omit data.
- Confidentiality: case materials are not discussed or disclosed outside the proceedings.
- Conflict of interest: disclose and recuse; do not accept gifts or favours.
- Liability: knowingly false conclusion may trigger criminal liability; negligence may trigger disciplinary or civil liability.
Worked example
An investigator asks an expert to soften a conclusion so it supports the prosecution. The expert must refuse, record the request, and issue the conclusion based on the research. If the expert complies, the conclusion loses independence and may expose the expert to liability; the proper response is to report the pressure through official channels.
Traps
- Signing a conclusion prepared by someone else.
- Discussing the case with one party.
- Accepting a gift or hospitality.
- Hiding an inconclusive result.