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World Academy of Science, Engineering and Technology

International Journal of Social, Management, Economics and Business Engineering Vol:8 No:6, 2014

The Conception of Implementation of Vision for


European Forensic Science 2020 in Lithuania
Eglơ Bileviþinjtơ, Vidmantas Egidijus Kurapka, Snieguolơ Matulienơ, Sigutơ Stankeviþinjtơ

 structures, better training, widespread adoption of uniform and


Abstract—The Council of European Union (EU Council) has enforceable best practices, and mandatory certification and
stressed on several occasions the need for a concerted, accreditation programs were revealed and proposals for
comprehensive and effective solution to delinquency problems in EU improvement were expressed by a joint research team. The
communities. In the context of establishing a European Forensic conducted research was just a beginning of much deeper
Science Area and the development of forensic science infrastructure
interest in Forensic Science. Hence, a few years later1, another
in Europe, EU Council believes that forensic science can significantly
contribute to the efficiency of law enforcement, crime prevention and scientific study was performed by J. E. Laurin. The purpose of
combating crimes. Lithuanian scientists have consolidated to the research was to broaden understanding of how Forensic
implement a project named “Conception of the vision for European Science develops and applies in criminal cases. J. E. Laurin
Forensic Science 2020 implementation in Lithuania” (the project is points to a raft of yet unaddressed issues concerning the
International Science Index Vol:8, No:6, 2014 waset.org/Publication/9998617

funded for the period of 1 March 2014 - 31 December 2016) with the meaning of scientific integrity and reliability in the context of
objective to create a conception of implementation of the vision for
investigative decisions that are by and large committed to the
European Forensic Science 2020 in Lithuania by 1) evaluating the
current status of Lithuania’s forensic system and opportunities for its discretion of decidedly unscientific actors in her study [2]. As
improvement; 2) analysing achievements and knowledge in a result, the conducted solid researches in the USA show that
investigation of crimes listed in conclusions of EU Council on the Forensic Science is in need of permanent research and plays
vision for European Forensic Science 2020 including creation of a even a more important role in combating crime than was
European Forensic Science Area and the development of forensic thought before.
science infrastructure in Europe: trafficking in human beings,
Research in Forensic Science was also conducted in the
organised crime and terrorism; 3) analysing conceptions of
criminalistics, which differ in different EU member states due to the Netherlands. The Netherlands Forensic Institute, as one of the
variety of forensic schools, and finding means for their leading Forensic Science institutions, was asked by the US
harmonization. Apart from the conception of implementation of the National Institute of Standards and Technology to write a
vision for European Forensic Science 2020 in Lithuania, the Project paper on its experiences and observations. The paper was
is expected to suggest provisions that will be relevant to other EU called “Trends, Challenges and Strategy in the Forensic
countries as well. Consequently, the presented conception of
Science Sector” and focused on governance of modern
implementation of vision for European Forensic Science 2020 in
Lithuania could initiate a project for a common vision of European forensic science institutions in the Netherlands. It reviewed
Forensic Science and contribute to the development of the EU as an some of practical problems that the Forensic Science sector
area of freedom, security and justice. The article presents main ideas had to resolve: understanding what customers of Forensic
of the project of the conception of the vision for European Forensic Science institutions are or might be and what services they
Science 2020 of EU Council and analyses its legal background, as need, increasing the value of the information Forensic Science
well as prospects of and challenges for its implementation in
institutions provide to the client, and finally, accelerating
Lithuania and the EU.
operations of Forensic Science institutions [3]. The
Keywords—EUROVIFOR, standardization, Vision for European conclusions of researches conducted in the Netherlands are
Forensic Science 2020. very similar to those in the USA: “Good forensic science and
medical examiner practices are of clear value from a homeland
I. INTRODUCTION security perspective because of their roles in bringing
criminals to justice and in dealing with the effects of natural
T HE and benefits of improving and regulating Forensic
Science with the aim to improve the system of criminal
justice was firstly recognized in the USA. The USA Congress
and human-made mass disasters [3].”
Finally, it is necessary to mention a joint research project of
ordered the National Academy of Sciences to conduct a study scientific institutions from the Netherlands, Germany, Poland,
Spain, Cyprus, the United Kingdom, Ireland, Czech Republic,
that resulted in a report “Strengthening Forensic Science in the
United States: A Path Forward” published in 2009 [1]. What Finland, Belgium and Sweden with their associated partners
was needed in order to advance the forensic science from Canada and Switzerland, called “Improving Forensic
disciplines, including upgrading of systems and organizational Methodologies across Europe (IFMAE)”2. The IFMAE Project
focuses on identifying the best methodologies for specific
Eglơ Bileviþinjtơ, PhD, is with the Mykolas Romeris University, Law
Faculty, Lithuania (phone: +37068649690; e-mail: eglek@mruni.eu).
1
Vidmantas Egidijus Kurapka, PhD; Snieguolơ Matulienơ, PhD; and Sigutơ In 2012.
2
Stankeviþinjtơ, MSc, are with the Mykolas Romeris University, Law Faculty, Project IFMAE is funded for the period 01/01/2013 - 31/12/2015. Project
Lithuania (e-mail: egidijus@mruni.eu, m.sniega@mruni.eu, sigutess@ IFMAE Coordinator is European Network of Forensic Science Institutes
gmail.com). (ENFSI).

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World Academy of Science, Engineering and Technology
International Journal of Social, Management, Economics and Business Engineering Vol:8 No:6, 2014

forensic examinations. Promotion of cooperation between x establishment of common best practice manuals and their
various European forensic science institutes through the application in daily work of forensic laboratories and
exchange of the best practices ensures that forensic methods institutes;
are continuously reviewed and updated. As a result of the x conducting proficiency tests/collaborative exercises in
IFMAE Project, Best Practice Manuals, covering different forensic science activities at the international level;
areas of activities, will be produced [4]. x application of minimum quality standards for scene-of-
crime investigations and evidence management from the
II.VISION FOR EUROPEAN FORENSIC SCIENCE 2020 LEADS crime scene to the court room;
TOWARDS UNIFIED FORENSIC SCIENCE x recognition of equivalence of law enforcement forensic
EU Council stressed the ambition to create by 2020 a activities with a view to avoiding duplication of effort
European Forensic Science Area that will be an area where through cancellation of evidence owing to technical and
routine forensic processes for collection, processing, use and qualitative differences, and achieving significant
delivery of forensic data are based on equivalent minimum reductions in the time taken to process crimes with a
standards of forensic science, and where providers of forensic cross-border component;
services work on the basis of a common approach to the x identification of optimal and shared ways to create, update
implementation of such standards, that fosters closer and use forensic databases;
cooperation between them and the systems of criminal justice, x use of advances in forensic science in the fight against
laid down in Draft Conclusions of the Council on the vision terrorism, organised crime and other criminal activities;
International Science Index Vol:8, No:6, 2014 waset.org/Publication/9998617

for European Forensic Science 2020 including the creation of x forensic awareness, in particular through appropriate
a European Forensic Science Area and the development of education and training of the law enforcement and justice
forensic science infrastructure in Europe (Vision for European community;
Forensic Science 2020) [5] dated December, 2011. x research and development projects to promote further
Additional objectives stipulated in the Vision for European development of the forensic science infrastructure.”[5]
Forensic Science 2020 are following: EU Council also pays attention to the need to pursue the
x to support and facilitate cooperation between Member goal set in Council Framework Decision 2009/905/JHA of
States in forensic science and encourage sharing of results endowing the EU with a modern, world-class forensic
of Forensic Science activities thus promoting the quality infrastructure capable of supporting cross-border cooperation,
of Forensic Science, in conjunction with legal and non-legal measures, and
x to maintain and improve the quality of forensic science in guaranteeing a common high quality level of Forensic
individual Member States through the measures set out in Science, as well as investing in research and the development
the annex, of new technologies and innovative products under the
x to support the Member States in developing approaches Specific Programme on inclusive, innovative and secure
which foster closer cooperation between their individual societies– Horizon 2020 Multiannual Framework Programme.
systems of criminal justice and the providers of forensic Also, a fact that the European Network of Forensic Science
services [5]. Institutes (ENFSI) is an important platform for efficient
Therefore the need to define commonly accepted minimum knowledge exchange, with a view to developing minimum
standards of Forensic Science for collection, processing, use quality requirements, facilitating international collaboration
and delivery of forensic data including inter alia data on DNA and identifying important systemic needs for the forensic
profiles, as well as dactyloscopic and other biometric data, and community is not left out of consideration of EU Council.
to equip the EU to meet the new challenges that it is facing in Therefore, EU Council Invited the Member States and the
the field of high tech and cybercrime is emphasized as well Commission, in close cooperation with Europol, ENFSI and
[5]. other such international organisations as Member States
Having considered the above mentioned issues, EU Council consider appropriate in order to present by the end of June
approved a Vision For European Forensic Science 2020 which 2013 a detailed action plan to implement the vision for
states that in order to foster cooperation between the police European Forensic Science 2020 set out in the annex, taking
and judicial authorities across the EU with a view to creating a into account the final project report “Safeguarding the use of
European Forensic Science Area by 2020, “Member States expert evidence in the European Union”
and the Commission will work together to make progress in (JLS/2006/AGIS/058), the final project report “Study of the
the following areas, aiming to ensure the even-handed, obstacles to cooperation and information-sharing between
consistent and efficient administration of justice and the forensic science laboratories and other relevant bodies of
security of citizens: different Member States and between the latter and
x accreditation of forensic science institutes and counterparts in third countries” (JLS/D1/2007/025), and the
laboratories; Green Paper on obtaining evidence in criminal matters from
x respect for minimum competence criteria for forensic one Member State to another and securing its admissibility
science personnel; (17691/09 COPEN 249 JAI 935) [5].
However, a deep scientific research on the mechanism of
European Forensic Science 2020 vision is still absent. Only

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World Academy of Science, Engineering and Technology
International Journal of Social, Management, Economics and Business Engineering Vol:8 No:6, 2014

iniitiations of inddividual ENFSII researches arre present and the (EURO OVIFOR)”3 to ccontinue the abbovementionedd research on
ressearches focu us basically on problem ms of foren nsic improviing Lithuania's system of criminal justtice and its
exaamination. In our opinion, th he concept of Forensic Scien nce harmonnization with thhe common viision of Europeean Forensic
andd its system sh hould be reseaarched and anaalysed in the first f Sciencee 2020. It couldd be assumed, that the plannned activities
plaace, as it is different in different EU member stattes. of the E
EUROVIFOR Project reflectt challenges thhat are faced
Thherefore, the legal
l regulatio
on of applicattion of Foren nsic in moost of Mem mber States during the process of
Science methodss is different in n individual member
m states. On implemmentation of vission for Europeean Forensic Science 2020.
thee other hand, research in Forensic Scieence in non EU E Therefoore, it is relevannt to introducee them shortly.
Meember States in n Eastern Europe and specificcally in Countrries
of Commonwealtth of Independ dent States is ob bscure in the EU.
E III. SITUATION IN LITHUANIA
Mooreover, the possibility of o incorporatiion of research Obviiously, the crreation of com mmon Europeean Forensic
connducted in non n EU member states is not considered
c in the Sciencee Area should be a subject m matter of joint international
creeation of Europ pean Forensic Science Area. Meanwhile, it is scientifi
fic projects. Thhus, experiencce in research projects and
im
mportant to takee into account the need of integral research h in academmic potential oof scientists from individuual Member
pubblic security beecause of the process
p of glob
balization. States would be relevant. Lithhuania's conttribution to
The increasing g crime rate is i a constant phenomenon not researchhes and academ mic potential oof Forensic Sciience will be
only in the EU but b also in thee rest of the world.
w Meanwh hile, describeed by a shorrt overview oof recent inteerdisciplinary
thee domestic policy of EU Member M States on fight agaiinst scientifi
fic researches and scientifi fic programs of Mykolas
International Science Index Vol:8, No:6, 2014 waset.org/Publication/9998617

criime is insuffiicient due to rapidly grow wing cross-border Romeri s University inn the field of Foorensic Sciencce.
criime. Hence, it is obvious th hat serious inteernational actio ons
shoould be taken to ensure secu urity, justice annd freedom in the
EUU. Particularly,, the significan nt role of Foreensic Science and a
im
mportance of common acttions of Member States in
coooperation of the t police and d judicial systtem in the fight
agaainst crime wasw emphasized d by the Coun ncil of Europeean
Unnion (EU Coun ncil) in Draft conclusions of o the Council on
thee vision for Eu uropean Forensic Science 20 020 including the
creeation of a European
E Forrensic Sciencee Area and the
devvelopment of forensic sciencce infrastructu ure in Europe [5]. [
Coonsequently, EU E Council reeached the deecision to creeate
Euuropean Forenssic Science Arrea, that “will be b an area wh here
rouutine forensic processes of the collection, processing, use u
andd delivery of forensic daata are based d on equivallent
miinimum standaards of forensicc science, and d where provid ders
of forensic servicces work on th he basis of a co ommon approaach
to implementation of these standards thaat fosters clo oser
coooperation between them and the criminal c justtice
sysstems [5], by 2020,
2 as well as, “to foster the developmentt of Im
mperfect legislatioon
Forensic Sciencee infrastructure in Europe”[5]]. Accordingly,, as Weak legal knowleddge
W
prooblems of instiitutional crime investigation system
s and criime
invvestigation aree unique in every Member State, S all of thhem P
Problems with law
weere entitled to prepare individual acction plans for W
Weak forensic and fforensic knowledgee
im
mplementation of o the Vision for European Forensic Scien nce
20220. P
Problems with guiddelines and without the use of forensicc expertise
innstitutions opportuunities
The vision for European Forrensic Science 2020 is just sh hort P
Poor organization oof work and cooperration between servvices
guidelines implementation of which w allows a lot of space for
intterpretation. Ass Member State has a unique Forensic Scien nce L
Lack of technical eqquipment.
sysstem, each sees different reassons for black spots in the wo ork L
Lack of ethics and llack of motivation
of Forensic Scien nce and crimin nal justice insttitutions. Bearring
O
Other
in mind the abov vementioned problems,
p the research donee in
Litthuania and go ood practice off the United States
S of Amerrica
(U
USA) and the Netherlands
N in finding and su uggesting ideass to Fig. 1 Reasons for innefficient crime investigation inddicated by
tacckle inefficienccy problems in n Forensic Scieence and crimiinal Liithuanian police officers
jusstice institution
ns and, a team of Lithuanian researchers haave
joiined together in i the project “Conception of the vision for
Euuropean Forenssic Science 202 20 implementaation in Lithuaania 3
The Project is fundedd for the period oof 1 March 2014 - 31 December
2016.

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World Academy of Science, Engineering and Technology
International Journal of Social, Management, Economics and Business Engineering Vol:8 No:6, 2014

Research on criminality in Lithuania was carried out under institutions. It is impossible to ensure security of individuals
the scientific program “Criminality and Criminal Justice” in without identification of real and implied threats. Also, along
1994 – 1997. It was the first extensive research in the field of with a clear strategy, effective recognition of crimes in
Forensic Science in Lithuania done after restoration of its knowledge society needs pragmatic application of relevant
independence. The research successfully forecasted changes in management technologies.
crime rate for the forthcoming period and suggested major It is obvious that security of people could be granted by
aids of crime prevention and crime control, and also proposed improving the effectiveness of pre-trial investigation in the
basic strategies of crime investigation based on the data first place. Therefore, the authors suggest preparing a model of
collected in researches done in the field of Forensic Science an algorithmic system of crime investigation. The
recommended model should be adapted and used in practice to
and Criminology.
investigate crimes. The system should incorporate recent
Another important research in Forensic Science was
achievements of Forensic Science, legal basis of crime
research named “The Modern Conception of Crimes
investigation and applicable practice of crime investigation.
Investigation and its assurance by measures of Forensic The proposal to improve activities of Forensic Science
Science and Criminal procedures” conducted under the agencies by combining them into cooperating institutes is
scientific program “The Dynamics, Prognosis of Criminality based both on researches conducted in Lithuania and
in Lithuania and Modern Concept of Forensic Science”. international practice. Also, the successful implementation of
The concept of special knowledge and its use in criminal the aforementioned project grounded a path for the next
procedure was researched in 2005 – 2008 by scientists of scientific program “The scientific conception of special
International Science Index Vol:8, No:6, 2014 waset.org/Publication/9998617

Mykolas Romeris University [6]. Respondents of the research knowledge application in the investigation of crime” [7].
included officials of pre-trial institutions, Prosecution Service, The research revealed that the problems that arise in
expert institutions, courts and the Bar association. About 693 accreditation of Forensic Science institutions and certification
questionnaires were collected from the whole of 1 000 of their personnel should be addressed urgently, especially
distributed to the respondents 1 per cent of which were because they are now directly associated with requirements of
employees of courts, 4 per cent – employees of the Vision for European Forensic Science 2020 and Council
Prosecution Service, 14 per cent – officers of pre-trial Framework Decision 2009/905/JHA of 30 November 2009 on
institutions, 7 per cent – employees of expert institutions, 58 Accreditation of forensic service providers carrying out
per cent – policeman, 1 per cent – employees of state laboratory activities [8]. It should be noted that some of
government institutions, 1 per cent – members of the Bar Lithuanian Forensic Science institutions are already under the
Association, 14 per cent – employees of other institutions. process of accreditation. For example, 13 expert investigative
techniques have been accredited in Lithuania's Forensic
Results of the research (see Fig. 1) reveal that respondents
Science Centre. The institution has been certified to meet LST
identify the need to strengthen studies in Forensic Science and
EN ISO/IEC 17025 standard applicable in analyses of stamps,
other disciplines of Criminal Law at universities and trainings
stamp impressions, fibres, traces of pneumatic tyres,
in spite of good evaluation of their skills in the areas. handwritten texts, signatures, fingerprints, paints and bullets4.
Strengthening of Forensic Science at universities is crucial as Accreditation of other Forensic Science institutions is still due
it the studies precondition poor results of crime investigation [9].
by the police, Prosecution Service, courts, expert and other We also took active part in a working group formed by
institutions. Among other reasons of poor performance in Lithuanian Prime Minister5and interviewed managers of
crime investigation police officers point out deficiencies in expert agencies, experts and pre-trial investigation officers to
legislation (29 per cent), defective organization of work identify the following problems of Forensic Science and
procedures and problems in cooperation of responsible Forensic expertise in the Lithuania:
institutions (26 per cent), poor legal knowledge (17 per cent), • Unequal possibilities of involved parties to use special
poor skills in Forensic Science (9 per cent), problems in knowledge in criminal proceedings (see Fig. 2).
implementation of laws (8 per cent), lack of ethics and • Lack of methodical provisions for Forensic Science (see
motivation (4 per cent), problems for implementation of Fig. 3).
Forensic Science recommendations (best practice manuals) • Limited human resources (systems of specialist training
and insufficient use of capacities of Forensic Science and professional development are different and
institutions (2 per cent). unregulated) (see Figs. 4 and 5).
In cooperation with Vilnius University and Forensic • Uncertain administration of Criminal Investigation (see
Science Centre of Lithuania, scientists of Mykolas Romeris Fig. 6).
University conducted a project “The threats of criminality and • Lack of orientation to public needs, departmental
modern technologies for management of human safety”. One dependence of expert agencies, influence of Coordinating
of the key objectives of the project was to do a research on the Council (see Figs. 7 and 8).
meaning of security of people and their environment through • Limited integration of Lithuanian scientific research with
the analysis of problems in activities of law enforcement researches of international organizations (see Figs. 9-11).
bodies and other institutions involved in crime investigation
and crime prevention, and to propose measures and 4
Accreditation certificate No: LA.01.107, valid until: 2015-09-02.
5
recommendations to improve practical activities of the Work group was formed by ordinance No 33 of Lithuanian Prime
Minister in 28 January 2010.

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World Academy of Science, Engineering and Technology
International Journal of Social, Management, Economics and Business Engineering Vol:8 No:6, 2014

• Incoherent reforms
r of law
w enforcementt institutions (see
Fig. 12).
• Actual probllems of legal reegulation (see Fig.
F 13).

Fig. 5 Assessment off work condition ns, wages and mootivation of


professionalss and scientists ((scaled from 1 too5)

F
Fig. 2 Assessmen nt of possibilities to use special knowledge
k for all
a
nto criminal procceedings (proseccution and defense)
paarties involved in
International Science Index Vol:8, No:6, 2014 waset.org/Publication/9998617

aree equal (1point - unequal possibiilities, 5 points - equal possibilitiies)

Fig. 6 A
Assessment of admministration of fforensic examinaations (1 point
worst assessmennt, 5 points - the best)
represents the w

ment of methodological material suitability (1 po


Figg. 3 The assessm oint
representss the worst assesssment, 5 points - the best)

Figg. 7 Assessment of policy orientaation (scaled froom 1 to5)

Fig. 4 Assessmeent of experience, human resourrces and training


g
(scaled frrom 1 to5)

A
As one can see, 44 per cent c of the su urveyed pre-trrial
invvestigators arg
gue that the parties
p involved into crimiinal
prooceedings haave limited possibilities to use speccial
knowledge and feel their auth hority is unreasonably curb bed. Fig. 8 Assessment oof Court expert ccoordination boaard (scaled
from 1 to 55)
Intterviews of prrosecutors and experts reveaal similar resu ults.
Thhe respondents also pointed ouut that their au
uthorization to use
u
speecial knowledgge is unequally
y shared.

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World Academy of Science, Engineering and Technology
International Journal of Social, Management, Economics and Business Engineering Vol:8 No:6, 2014

All rrespondents aagreed that reeforms of Lithhuanian law


enforceement institutioons are not com
mpatible with each other.

Fiig. 9 Assessment of forensic reseearch (1 point reepresents the worrst


assessment, 5 points
p - the best)

Figg. 13 Assessmennt of legal regulaation of the use oof special


knowleedge (1 point reppresents the worrst assessment, 5 points - the
best)
International Science Index Vol:8, No:6, 2014 waset.org/Publication/9998617

The ggraphs show thhat Prosecutorrs who, in accoordance with


Lithuannian Code off Criminal Prrocedure, are entitled to
organizze and direct pre-trial inveestigations, agrree that the
regulatiion of the use oof special knowwledge is vaguee.
Our researches coorrelate with rresults of ENF FSI research
[10]. Thhe study identtified a numbeer of barriers ffor achieving
Fig. 10 Assesssment of researchh integration witth international good reesults in criminnal investigatioons. One of succh barriers is
sciientific research (scaled from 1 to5)
t frequennt misunderstaanding betweeen pre-trial investigators,
courts aand experts. FFor example, pprosecutors faill to interpret
data proovided by expeerts. Thereforee, it is difficultt for them to
understaand the researrch part of exppertise. On thee other hand,
judges are often unaw ware of methoods used in exppertise. As a
result, pproblems caussed by insufficcient use of poossibilities of
modernn expertise arisee in criminal innvestigation.
We aalso performedd a special intternational stuudy to assess
attitude s towards pproblems in international cooperation
Forensiic Science insttitutions. The qquestionnaires for Forensic
Sciencee specialists were distrributed in international
Sympossium of Forennsic Science inn Bratislava6 on 27-30 of
Septemb
mber 2011. 1330 questionnaaires were diistributed to
Figg. 11 Assessmennt of the growth of the gap betweeen Lithuanian and
a
nd Forensic Science research (sccaled from 1 to5))
EU scientific an
receive received 89 reesponses from the target group including
experts,, forensic scientists and prractitioners frrom Austria,
Australiia, Azerbaijaan, Belarus, Belgium, B Bosnia and
Herzegoovina, Bulgarria, Croatia, C Cyprus, Czecch Republic,
Estoniaa, France, Germ many, Greecee, Hungary, Inndia, Ireland,
Latvia, Lithuania, M Montenegro, thhe Netherlandds, Norway,
China, Poland, Porrtugal, Maceddonia, Romannia, Russia,
Slovakiia, South Africa, Spain, Turkey, Ukraine, the United
Kingdo m and the Uniited States.
Analyysis of the suurvey results pprovided an oppportunity to
assess the developm ment of Forrensic Sciencce and the
importaance a commo n strategy andd standards forr preparation
of forennsic experts (accademicians annd practitionerss).
The majority of reespondents (77 per cent) ggave positive
F
Fig. 12 Assessmeent of incoherennce of reforms in
n law enforcemen
nt answerss to the questioon „Are there forensic science education
aled from 1 to5)
institutions (sca programms and policiess?” (see Fig. 144). Only 20 peer cent of the
6
10th International Sym
mposium of Foreensic Sciences, 22011 09 27-31,
Bratislavaa.

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World Academy of Science, Engineering and Technology
International Journal of Social, Management, Economics and Business Engineering Vol:8 No:6, 2014

resspondents gave negative an nswers and 3 per cent had no trainingg are too few w as only harrmonized and coordinated
opinion. Hence, a purposeful deevelopment off Forensic Scien nce submisssion of Forensiic Science dataa could be beneeficial.
couuld be assum med. Thereforee, preparationn of a comm mon Moree than a half (666 per cent) off respondents inndicated that
strategy of trainning programss for Forensicc Science would Coordinnation Councill of experts (oor a similar body) exists in
alloow performan nce of deeper analyses of Forensic
F Sciennce, their coountry (see Figg. 16). On the other hand, 19 percent of
dettermination off the level of development
d off individual paarts responddents submittedd negative respponses and 15per cent had
in the science, determination n of the placce, position and a no opinnion on the queestion. The ressults show thatt activities of
mportance of Forensic Sccience in acctivities of law
im l experts are virtuallly uncontrolled. As a cconsequence,
enfforcement bodies. Moreov ver, the unifoorm strategy of insufficciently or improoperly regulateed activities aree ineffective,
sciientific and ed
ducational programs enabless coordination of especiallly because oof the rapid development of expertise
im
mplementation of o new scientiffic achievemen
nts in practice and
a techniquues that mayy currently bee applicable nnot only in
useefulness of the new research. criminaal matters but aalso in civil litiigations and addministrative
proceeddings.
International Science Index Vol:8, No:6, 2014 waset.org/Publication/9998617

Fig. 14 Responnses to the questtion “Are there forensic


f science
education program ms and policies??” Fig. 16 Responses to thhe question “Is thhere Coordinatioon Council of
experts (or a similar body) iin your country??”
The opinions of respondentts on the quesstion „Is there an
autthority in you
ur country, wh hich supervisess accreditation of The vast majorityy of respondennts (83 per cennt) indicated
traaining and foreensic standardss in higher edu
ucation?” divid
ded that cerrtain scientificc forensic instiitutions (researrch institute,
almmost equally (see Fig. 15) between
b positiv
ve (34 per cen
nt), universiity departmentt, etc.) are present in their coountries (see
neggative (36 peer cent) and no opinion (30 ( per cent of Fig. 17)). Only 10 perr cent of the responses were nnegative and
resspondents). 7 per ceent of the respoondents had noo opinion.

Fig. 15 Responses to the questio


on “Is there an authority
a in yourr
country, which supervises accreeditation of train
ning and forensicc Fig. 17 Responses too the question “Iss there a scientiffic forensic
standards in hig
gher education?”” instituution (research innstitute, universiity department, eetc.) in your
country?”
The results sh
how that training in Forensic Science neeeds
furrther amendmeents in its regu
ulation. It coulld be argued, that
t Therrefore, it is obbvious that scieentific forensicc institutions
acccredited stand
dards of Foren nsic Science anda programs of are pressent in the majority of countrries and forenssic Science is
seen as an individual, specific brancch of science.

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World Academy of Science, Engineering and Technology
International Journal of Social, Management, Economics and Business Engineering Vol:8 No:6, 2014

All things considered, we are convinced that a reform of justice system; 2) Forensic Science is only an optional subject
Forensic Science institutions should start with development of for Law students and the course of training, including only a
science and implementation of scientific results into practice. few practical tutorials, is too short; 3) a chaotic system of
In fact, criminality as a social phenomenon is being researched Forensic Science institutions with no coordination of
in a number of European countries at national and institutions and provided scientific recommendations;
international levels. Moreover, more and more attention is 4) Insufficient funding for crime investigation. 5) Lack of
paid to scientific researches in forms of criminal activities, researches in prospects of European Forensic Science vision
analysis of mechanisms of criminal offences as well 2020 implementation; and etc. Apart from to the
improvement of investigation of crimes. abovementioned problems, solutions to problems the
For example, Germany has Forensic Science Institutes identification of which requires deeper analyses of forensic
along with technical forensic institutes (analogues of science in Lithuania are going to be provided by creating a
Lithuanian Forensic Science Centres). Such scientific model of vision for European Forensic Science 2020
institutes deal with criminality and its individual forms and implementation in Lithuania by 2016. The conducted
evolution, dynamics, forecasting, improvement and creation of researches will presumably contribute to improving of the
criminal investigation methods. national and EU Forensic Science and crime investigation
system.
IV. EUROVIFOR PROJECT The uniqueness of the Project manifests in several points.
A diverse team of Lithuanian researchers have joined Firstly, the conception of Forensic Science has not become a
International Science Index Vol:8, No:6, 2014 waset.org/Publication/9998617

together to conduct a research project “Conception of the subject of complex scientific research in Europe yet. Our
vision for European Forensic Science 2020 implementation in research will concentrate on a wider vision of European
Lithuania (EUROVIFOR)” (Project). Forensic Science 2020. It also involves researchers of East
The objective of the Project is to provide a conception of European countries. These countries have a wider concept of
the vision for European Forensic Science 2020 Forensic Science than a mere application of criminalistics
implementation in Lithuania based on scientific studies. This techniques. Secondly, our researches are likely to differ from
objective incorporates the following tasks: ENFSI proposals because ENSFI evaluates Forensic Science
1) To analyse and evaluate the quality of institutional only in the context of expert researches excluding forensic
efficiency and proceedings of the forensic investigation tactics and methodologies applicable in individual types of
system. As a result, the effectiveness of the system of crime. Thirdly, our researches will differ from Project IFMAE
forensic institutions, institutional accreditation, as well. Project IFMAE is designated for preparation of Best
application of minimum competence requirements, the Practice Manuals by analyzing experience of individual
status of didactics of forensic science will be assessed. Member States whereas our Project is of a wider scope and
Also, legal, managerial and organization analysis of preparation of Best Practice Manuals applicable precisely to
application of minimum quality standards for crime scene the Lithuanian model of European Forensic Science Vision
investigations and dealing with the evidence from crime 2020 will be among the abovementioned tasks. Consequently,
scenes in the courtroom will be carried out. proposals how to combine approaches to the concepts and
2) To analyse achievements (knowledge) of criminalistics in systems of Forensic Science in individual Forensic Science
the field of investigation of terrorism, organized crime, schools - Russian, German, Anglo-Saxon, Roman – are going
cyber crime and trafficking in human beings – modern to be presented. Proposals how to reach a common opinion
European issues associated with creation of European about policies of harmonization of legal norms are going to be
Forensic Science Area. As a result, strengths and made as well. As a result, theoretical and methodological
problems of investigation of the above mentioned crimes basics of the concept will be introduced. The Project is also
in Lithuania will be identified. In addition, the best unique because it is going to provide not only quality
practices of forensic institutions of EU Member States standards for expert institutions but also offer a model of
that could be effectively applicable to the creation of the quality standards for crime scene investigation, describing
model of vision for European Forensic Science 2020 forensic activities from crime scene to the courtroom. The
implementation in Lithuania will be found. content of Forensic Science studies in the syllabus of
3) To analyse the existing concepts of Forensic Science university education and individual specializations is going to
systems and to identify problems of harmonization of be based on peculiarities of crime investigation process and
criminalistics. As a result, a comparative study of legal the needs of law enforcement institutions. The minimum
regulation will be carried out, the areas of cooperation competence requirements for criminal justice officers are
will be determined and the prospects of database going to be formulated as well. The researches will allow
management will be defined. planning of common international projects in Horizon 2020
We performed a short pilot survey in identifying the most Multiannual Framework Programme (Horizon 2020). Unlike
obvious problems in implementation of the Forensic Science in previous research programs of European Commission,
vision 2020 in Lithuania. The results of the survey show that Forensics is one of the four parts of Horizon 2020 called
the most important problems are following: 1) deficient “Fight against Crime and Terrorism” [11]. The topics of
competence of personnel of forensic science and criminal Forensics Science in Horizon 2020 are following: 1) “Tools

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World Academy of Science, Engineering and Technology
International Journal of Social, Management, Economics and Business Engineering Vol:8 No:6, 2014

and infrastructure for the fusion, exchange and analysis of data D. 1. Science of criminalistics for practice, Vilnius: Lietuvosteismo
ekspertizơs centras, 2011, pp. 9-21.
including forensic data on cyber crime”; 2) “Advanced easy to [10] FINAL REPORT – Study an Obstacles to Cooperation and Information
use in situ forensic tools”; 3) “Mobile, remotely controlled – sharing among Forensic Science Laboratories and other Relevant
technologies to examine a crime scene in case of an accident Bodies of Different Member States and between these and Counterparts
in Third Countries Contract JLS/D1/2007/025.Available at
or a terrorist attack involving CBRNE materials”; 4) “Internet <http://www.enfsi.eu/uploads/files/Report%20Terrorism%20Project.pdf
Forensics to combat organized crime” [12]. >.
[11] Horizon 2020. Call for Fight against Crime and Terrorism is divided in
V.CONCLUSIONS forensics, law enforcement capabilities, urban security and Ethical /
societal dimension.
Creation of a conception of European Forensic Science [12] Horizon 2020 Work Program 2014-2015(European Commission
vision 2020 implementation in Lithuania is a very ambitious Decision C (2013)8631 of 10 December 2013).
task for Lithuanian scientists. The researches in application of
special knowledge in investigation of crimes and analysis of
forensic, procedural and organizational problems would lead
to improvement and deployment of the most advanced
technologies in the process of criminal investigation and
development of its legal basis. Moreover, it would help to
create an effective scientific and practical system of expert
institutions, to avoid duplication of functions, to save costs
International Science Index Vol:8, No:6, 2014 waset.org/Publication/9998617

and, as a matter of fact, eliminate potential departmental


interest.
We think that majority of tasks of Vision for European
Forensic Science 2020 could be solved only by joint scientific
research involving scientists of various competence and
interests. With its four topics on Forensic Science, Horizon
2020 could be a program motivating scientists to consolidate
in searches of the best way of Vision for European Forensic
Science 2020 implementation in Europe. Lithuanian scientists
are going to take an active part in this program and are
prepared for discussions and proposals about the overall
research work.

REFERENCES
[1] National Research Council. Strengthening Forensic Science in the
United States: A Path Forward. Washington, DC: The National
Academies Press, 2009.
[2] Laurin, J. E., “Remapping the Path Forward: Toward a Systemic View
of Forensic Science Reform and Oversight (September 22, 2012)”,
Texas Law Review, 2013; U of Texas Law, Public Law Research Paper
No. 246. Available at SSRN: <http://ssrn.com/abstract=2150694>.
[3] T. B. P. M. Tjin-A-Tsoi, Trends, Challenges and Strategy in the
Forensic Science Sector. March 2013. Available at
<https://www.forensicinstitute.nl>.
[4] Improving Forensic Methodologies across Europe (IFMAE). Available
at <http://ec.europa.eu/dgs/home-affairs/financing/fundings/projects/
stories/ifmae_en.htm>.
[5] Draft Council conclusions on the vision for European Forensic Science
2020 including the creation of a European Forensic Science Area and
the development of forensic science infrastructure in Europe. Council
document 17537/11 of 2011-12-01. Available at
<http://db.eurocrim.org/db/en/vorgang/286/>.
[6] E. V. Kurapka, H. Malevski, E. Kažemikaitienơ, „Kriminalistikos
irteismo ekspertizơs žiniǐ poreikio ir jǐ taikymo praktikos Lietuvoje
vertinimas“, Jurisprudencija, 12 (102), 2007, pp. 22–31.
[7] V. E. Kurapka, E. Bileviþinjtơ, S.Matulienơ, J.Juškeviþinjtơ and E.
Dereškeviþius, Specialiǐ žiniǐ taikymo tiriant nusikaltimus mokslinơ
koncepcija ir jos Ƴgyvendinimo mechanizmas: mokslo studija. Vilnius:
Mykolo Romerio universitetas, 2012.
[8] Council framework Decision 2009/905/JHA of 30 November 2009 on
Accreditation of forensic service providers carrying out laboratory
activities. OJ 2009 L 322 of 2009-12-09, p. 14-16.
[9] G. Juodkaitơ – Granskienơ, H. Malevski, R. Merkeviþius,
„Teismoekspertizơsreglamentavimas – bnjklơirperspektyvos“,
Criminalistics and forensic examination: science, studies, practice VII,

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