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Artikel III

Registration requirements for Drugs Analysis and Interpretation

Onderdeel van Standards Drugs Analysis and Interpretation (005.00), Drugs Comparison (005.01), Drugs Production (005.02)· Procesrecht

Deze tekst geldt sinds 12 december 2016

The general (repeat) registration requirements are given in the next paragraphs in italics with a reference to Article 12 paragraph 2 in the Register of Court Experts in Criminal Cases Decree (Besluit register deskundige in strafzaken). An expert will only be registered as an expert in criminal cases upon submission of the application if, in the opinion of the Board, the expert: has sufficient knowledge and experience in the field of expertise to which the application relates; 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; is able to inform the commissioning party whether, and if so, to what extent the commissioning party’s question at issue is sufficiently clear and capable of investigation in order to be able to answer it on the basis of their specific expertise; is able, on the basis of the question at issue, to prepare and carry out an investigation plan in accordance with the applicable standards; is able to collect, document, interpret and assess investigative materials and data in a forensic context in accordance with the applicable standards; is able to apply the current investigative methods in a forensic context in accordance with the applicable standards is able to give a verifiable and well-reasoned case report on the assignment and any other relevant aspects of their expertise in terms which are comprehensible to the commissioning party, both orally and in writing; is able to complete an assignment within the stipulated or agreed period. is able to carry out the activities as an expert independently, impartially, conscientiously, competently, and in a trustworthy manner. De datum van inwerkingtreding ligt voor de datum van uitgifte. (...) has sufficient knowledge and experience in the field of expertise to which the application relates. De datum van inwerkingtreding ligt voor de datum van uitgifte. Basic requirements: – function to the equivalent level of a person possessing a University master Degree (for example in chemistry, pharmacy, pharmaceutical science); – possess a University master Degree which should contain minimally both Organic Chemistry (12 ECTS ¹) and Analytical Chemistry (12 ECTS) or an equivalent qualification from a College of Higher Education which should contain minimally both Organic Chemistry (12 ECTS) and Analytical Chemistry (12 ECTS); – have knowledge of the most prevalent: • illicit and recreationally used drugs as cocaine, heroin, • amphetamines, barbiturates, cannabis, GHB and • benzodiazepines or related substances (occurrence, • effects, use); • cutting agents; • (medicinal) products appearing in the drug users market; – thorough knowledge of analytical techniques (both in quality and in quantity) including gas and liquid chromatography, mass spectrometry, infrared spectroscopy and be able to apply these techniques adequately while being acquainted with other related analytical techniques; – have knowledge of the synthetic routes for common synthetic drugs and precursors and the by-products and waste streams deriving therefrom; – have knowledge of the manufacturing of cocaine and heroin, the by-products and waste streams deriving therefrom; – have recent experience in interpreting and reporting cases, which means that the applicant has reported in this field of expertise at least once over the past year; – be familiar with the proposed literature and guidelines (see Annex A) and must keep up to date with developments inter alia regarding new drugs, analytical techniques, the law; – have knowledge of the possibilities and limitations of the answers to questions within the framework of the interpretation stage of the trace examination (see Demarcation 1.1.2.b.). In addition for the field of Drugs Comparison: – be able to reply to questions of comparativeexamination in the interpretation stage (see Demarcation 1.1.3.b); – be able to reply to questions of identification and quantification, trace examinations and comparative examination in the stage of the chemical-physical examination (see Demarcation 1.1.1.a, 1.1.2.a, and 1.1.3.a). In addition for the field of Drugs Production: – be able to reply to questions of production process examination in the interpretation stage (see Demarcation 1.1.4.b); – be able to reply to questions of identification and quantification, trace examinations and production process examination in the stage of the chemical-physical examination (see Demarcation 1.1.1.a, 1.1.2.a, 1.1.4.a). For both subfields: Specific requirements: – have drawn up at least 12 case reports not older than 5 years which have been subjected to collegial review. For each subfield the applicant should have at least 6 case reports. – These case reports should cover the full spectrum of forensic practice, e.g. research type, different substances and specifically for the subfields: • Drugs Comparison: comparative examination and trace examination if applicable; • Drugs Production: comparative production process examination and trace examination if applicable; In case the applicant is also acting as a supervisor, at least two reports on the List of Case Information should be independently prepared reports. – have spent an average of 40 hours a year over the past 5 years on forensically relevant professional development (e.g. publications, attending conferences, running or attending courses). ¹ European Credit Transfer and Accumulation System, 1 ECTS = 28 study hours. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. Basic requirements: – function to the equivalent level of a person possessing a University master Degree (for example in chemistry, pharmacy, pharmaceutical science); – possess a University master Degree which should contain minimally both Organic Chemistry (12 ECTS ¹) and Analytical Chemistry (12 ECTS) or an equivalent qualification from a College of Higher Education which should contain minimally both Organic Chemistry (12 ECTS) and Analytical Chemistry (12 ECTS); – have knowledge of the most prevalent: • illicit and recreationally used drugs as cocaine, heroin, • amphetamines, barbiturates, cannabis, GHB and • benzodiazepines or related substances (occurrence, • effects, use); • cutting agents; • (medicinal) products appearing in the drug users market; – thorough knowledge of analytical techniques (both in quality and in quantity) including gas and liquid chromatography, mass spectrometry, infrared spectroscopy and be able to apply these techniques adequately while being acquainted with other related analytical techniques; – have knowledge of the synthetic routes for common synthetic drugs and precursors and the by-products and waste streams deriving therefrom; – have knowledge of the manufacturing of cocaine and heroin, the by-products and waste streams deriving therefrom; – have recent experience in interpreting and reporting cases, which means that the applicant has reported in this field of expertise at least once over the past year; – be familiar with the proposed literature and guidelines (see Annex A) and must keep up to date with developments inter alia regarding new drugs, analytical techniques, the law; – have knowledge of the possibilities and limitations of the answers to questions within the framework of the interpretation stage of the trace examination (see Demarcation 1.1.2.b.). In addition for the field of Drugs Comparison: – be able to reply to questions of comparative examination in the interpretation stage (see Demarcation 1.1.3.b); – be able to reply to questions of identification and quantification, trace examinations and comparative examination in the stage of the chemical-physical examination (see Demarcation 1.1.1.a, 1.1.2.a, and 1.1.3.a). In addition for the field of Drugs Production: – be able to reply to questions of production process examination in the interpretation stage (see Demarcation 1.1.4.b); – be able to reply to questions of identification and quantification, trace examinations and production process examination in the stage of the chemical-physical examination (see Demarcation 1.1.1.a, 1.1.2.a, 1.1.4.a). For both subfields: Specific requirements: – have drawn up at least 6 reports not older than 2 years which have been subjected to collegial review and/or supervision and of which at least one report has been drawn up under supervision. For each subfield the applicant should have at least three case reports. – These case reports should cover the full spectrum of forensic practice, e.g. research type, different substances and specifically for the subfields: • Drugs Comparison: comparative examination and trace examination if applicable; • Drugs Production: comparative production process examination and trace examination if applicable; – have spent an average of 40 hours a year over the past 2 years on forensically relevant professional development (e.g. publications, attending conferences, running or attending courses). ¹ European Credit Transfer and Accumulation System, 1 ECTS = 28 study hours. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. Basic requirements: – function to the equivalent level of a person possessing a University master Degree (for example in chemistry, pharmacy, pharmaceutical science); – possess a University master Degree which should contain minimally both Organic Chemistry (12 ECTS ¹) and Analytical Chemistry (12 ECTS) or an equivalent qualification from a College of Higher Education which should contain minimally both Organic Chemistry (12 ECTS) and Analytical Chemistry (12 ECTS); – have knowledge of the most prevalent: • illicit and recreationally used drugs as cocaine, heroin, • amphetamines, barbiturates, cannabis, GHB and • benzodiazepines or related substances (occurrence, • effects, use); • cutting agents; • (medicinal) products appearing in the drug users market; – thorough knowledge of analytical techniques (both in quality and in quantity) including gas and liquid chromatography, mass spectrometry, infrared spectroscopy and be able to apply these techniques adequately while being acquainted with other related analytical techniques; – have knowledge of the synthetic routes for common synthetic drugs and precursors and the by-products and waste streams deriving therefrom; – have knowledge of the manufacturing of cocaine and heroin, the by-products and waste streams deriving therefrom; – have recent experience in interpreting and reporting cases, which means that the applicant has reported in this field of expertise at least once over the past year; – be familiar with the proposed literature and guidelines (see Annex A) and must keep up to date with developments inter alia regarding new drugs, analytical techniques, the law; – have knowledge of the possibilities and limitations of the answers to questions within the framework of the interpretation stage of the trace examination (see Demarcation 1.1.2.b.). In addition for the field of Drugs Comparison: – be able to reply to questions of comparativeexamination in the interpretation stage (see Demarcation 1.1.3.b); – be able to reply to questions of identification and quantification, trace examinations and comparative examination in the stage of the chemical-physical examination (see Demarcation 1.1.1.a, 1.1.2.a, and 1.1.3.a). In addition for the field of Drugs Production: – be able to reply to questions of production process examination in the interpretation stage (see Demarcation 1.1.4.b); – be able to reply to questions of identification and quantification, trace examinations and production process examination in the stage of the chemical-physical examination (see Demarcation 1.1.1.a, 1.1.2.a, 1.1.4.a). For both subfields: Specific requirements: – have drawn up at least 12 reports not older than 5 years, which have been subjected to collegial review. For each subfield the applicant should have at least six case reports. – These case reports should cover the full spectrum of forensic practice, e.g. research type, different substances and specifically for the subfields: • Drugs Comparison: comparative examination and trace examination if applicable; • Drugs Production: comparative production process examination and trace examination if applicable – an average of 40 hours a year over the past 5 years on forensically relevant professional development (e.g. publications, attending conferences, running or attending courses). ¹ European Credit Transfer and Accumulation System, 1 ECTS = 28 study hours. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. Basic requirements: – function to the equivalent level of a person possessing a University master Degree (for example in chemistry, pharmacy, pharmaceutical science); – possess a University master Degree which should contain minimally both Organic Chemistry (12 ECTS ¹) and Analytical Chemistry (12 ECTS) or an equivalent qualification from a College of Higher Education which should contain minimally both Organic Chemistry (12 ECTS) and Analytical Chemistry (12 ECTS); – have knowledge of the most prevalent: • illicit and recreationally used drugs as cocaine, heroin, • amphetamines, barbiturates, cannabis, GHB and • benzodiazepines or related substances (occurrence, • effects, use); • cutting agents; • (medicinal) products appearing in the drug users market; – thorough knowledge of analytical techniques (both in quality and in quantity) including gas and liquid chromatography, mass spectrometry, infrared spectroscopy and be able to apply these techniques adequately while being acquainted with other related analytical techniques; – have knowledge of the synthetic routes for common synthetic drugs and precursors and the by-products and waste streams deriving therefrom; – have knowledge of the manufacturing of cocaine and heroin, the by-products and waste streams deriving therefrom; – have recent experience in interpreting and reporting cases, which means that the applicant has reported in this field of expertise at least once over the past year; – be familiar with the proposed literature and guidelines (see Annex A) and must keep up to date with developments inter alia regarding new drugs, analytical techniques, the law; – have knowledge of the possibilities and limitations of the answers to questions within the framework of the interpretation stage of the trace examination (see Demarcation 1.1.2.b.). In addition for the field of Drugs Comparison: – be able to reply to questions of comparative examination in the interpretation stage (see Demarcation 1.1.3.b); – be able to reply to questions of identification and quantification, trace examinations and comparative examination in the stage of the chemical-physical examination (see Demarcation 1.1.1.a, 1.1.2.a, and 1.1.3.a). In addition for the field of Drugs Production: – be able to reply to questions of production process examination in the interpretation stage (see Demarcation 1.1.4.b); – be able to reply to questions of identification and quantification, trace examinations and production process examination in the stage of the chemical-physical examination (see Demarcation 1.1.1.a, 1.1.2.a, 1.1.4.a). For both subfields: Specific requirements: – have drawn up at least 3 reports per year during the registration period which have been subjected to collegial review. For each subfield the applicant should have at least three case reports. – These case reports should cover the full spectrum of forensic practice, e.g. research type, different substances and specifically for the subfields: \ • Drugs Comparison: comparative examination and trace examination if applicable; • Drugs Production: comparative production process examination and trace examination if applicable; – an average of 40 hours per year during the registration period on professional development (e.g. publications, attending conferences, running or attending courses). ¹ European Credit Transfer and Accumulation System, 1 ECTS = 28 study hours. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. (...) 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: Trias Politica, distinction between civil law, administrative law and criminal law. criminal law procedure: pre-trial investigation; coercive measures; stages of the proceedings; actors in the criminal justice system (tasks/powers/responsibilities); 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); 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; course of the criminal trial; position of the expert in the court procedure. substantive criminal law: 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: position and role of the co-operating organisations in the criminal justice system in safeguarding the quality of the reports; 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 Drugs Analysis and Interpretation: should be aware of the possible effects of the specific Dutch regulations on the conclusions of their examination. Therefore applicants should have a working knowledge of the Dutch Opium Act, the European guidelines referred to in the Misuse of Chemicals Prevention Act and the Dutch Medicines Act (articles 1, 18, 38 and 40). De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. (...) is able to inform the commissioning party whether, and if so, to what extent the commissioning party’s question at issue is sufficiently clear and capable of investigation in order to be able to answer it on the basis of their specific expertise. An applicant should: have knowledge of the limitations of his own examination and must know when another expert in the same or a different field of expertise should be asked for advice or when follow-up examination must be recommended; have knowledge of other fields of expertise such as dactyloscopy/DNA and the aspects which may affect the own field of expertise (such as the order and planning of the examination). De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. (...) is able, on the basis of the question at issue, to prepare and carry out an investigation plan in accordance with the applicable standards. An applicant should: have knowledge of the pros and cons of the various scientific methods (including sample preparation and chemical analysis) applied in the field of expertise, be aware of the possibilities and limitations of these methods, be able to explain them; have knowledge of the (current) guidelines (see Annex A). De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. (...) is able to collect, document, interpret and assess investigative materials and data in a forensic context in accordance with the applicable standards. An applicant should: be able to take samples in an appropriate manner (e.g. safety, contamination and technical protocol such as Drug Sampling (see Annex A)); be able to evaluate samples according to the guidelines and be aware of the possibility of contamination; have knowledge of the logistic processes regarding the material for examination (chain of custody). De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. (...) is able to apply the current investigative methods in a forensic context in accordance with the applicable standards. An applicant should: have knowledge of quality and controlling systems for the examination; have knowledge of the uncertainty of the measurements of his own quantitative examination; have knowledge of selection procedures for sampling; be able to modify existing examination methods while preserving validity. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. (...) is able to give a verifiable and well-reasoned case report on the assignment and any other relevant aspects of their expertise in terms which are comprehensible to the commissioning party, both orally and in writing. An applicant should: be able to report to a layman on the interpretation and conclusions (both orally and in writing) and to provide statistical evidence insofar as relevant, on the basis of the results; be able to formulate hypotheses and interpret results; be able to indicate the evidential value of the examination (supporting information, assumptions and limitations); – In addition to the required administrative data (principal’s name, date of the assignment, date of the report, references of the principal, own references, number and nature of annexes, etc.) a report must contain the following items: a description of the received material, including information on the date and manner of delivery; a detailed description of the material under investigation; any and all relevant background information possibly affecting the interpretation of the results of the examination with notification of when taken and from whom and this information comes; the questions asked by the commissioning party, if at all possible by means of hypotheses, and where relevant the related connected communication; the examination method(s) applied; the results of the examination; the interpretation of the results of the examination; the conclusions, including the probability scale applied. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. (...) is able to complete an assignment within the stipulated or agreed period. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. (...) is able to carry out the activities as an expert independently, impartially, conscientiously, competently, and in a trustworthy manner. An applicant should: comply with the NRGD Code of Conduct determined by the Board of Court Experts and published on the website of the NRGD. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. The Board may decide not to apply or deviate from a registration requirement if application of such requirement would produce very unreasonable results. The hardship clause may only offer a solution in certain exceptional situations. It is up to the applicant himself to submit facts and circumstances showing that a certain registration requirement is unreasonable in his specific case. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte.

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