Dariusz Wilk

The reliability of evidence in a criminal trial is a multidimensional issue and relates to the assessment of the evidential value of a specific circumstance established in the case through activities performed by expert witness or authorities. The reliability (trustworthy) of the source of evidence and identification methods, performance of research, deduction and the context of other evidence seem to be one of the important implications for the evidential value.
Results of the survey of participants of the criminal trial (police officers, prosecutors and experts) and comparative group on the perception of various features of identification methods and selected aspects related to the status of a forensic expert is presented in the article. In the first part of the study, the identification methods were ranked in terms of their scientificity, reliability and willingness to convict on the basis of the method’s results. The research shows that the assessment of the method’s reliability is significantly correlated with the assessment of its scientificity. However, some exceptions to this relationship have been identified, indicating that the reliability of the method may also be the result of an assessment of its suitability and effectiveness. The second part of the research was focused on assessing the reliability of various expert opinions. The place of examinations carried out by an expert is important for the participants of the criminal trial. Opinions of forensic experts performed at specialist institutions were assessed as the most reliable.

Various protective methods against art forgery are available to artists and artwork owners. This article broadly discusses the possibilities, technical and legal limitations of currently available protective methods against art forgery. The risks of breaching Articles 108 and 109a of the Act on the Protection of Monuments and the Guardianship of Monuments are given comprehensive coverage.Generally two methods of protecting works of art, i.e. signing (labelling) and documentation are identified. Works of art can be signed by artists by means of a signature, metal elements, chemicals compounds as equally by adding a fingerprint or genetic material. The owners can sign objects in their collection with an inventory number, a fluorescent label, microchip, as well as by micro-particles or synthetic DNA. The proper documentation for the artwork should include a description and a photo. Additionally, photomicrograph or scanning the surface of the object or a distribution analysis can be applied.

The reliability of prices is crucial to every market. Hence valuation, i.e. activities aimed at determining the market value of an object, is an important activity for the art market. An appropriate model of art valuation had not been developed yet on the Polish art market. Activities of experts in field of art valuation are also not proper. The reasons of this situation and the most important defects in art valuation are described in this paper. Additionally, those subjects with the appropriate knowledge and skills necessary for art valuation are identified. The activities of the appraisers of the Minister of Culture and National Heritage and of market experts who have already worked for museums and public institutions are especially highlighted. Moreover, the most crucial elements which should be included in an art valuation are suggested.