Iris Publishers- Journal of Forensic Science & Medicine | Legal Consultancy in Forensic Archaeology: An
Introduction to Italian Regulations and Professional
Ethics
Authored by Pier Matteo Barone
In recent years, professional archaeologists have increasingly been
called upon by civil and criminal Courts to act as courtappointed
experts all over the world. In Italy, in particular, this professional
profile seems to be less popular due to some
misunderstandings related to both the tasks and the roles. This article
will clarify some legal aspect of being a forensic archaeologist
in Italy from theoretical and practical points of view.
The development of the role of archaeologist in the field of forensics can be linked to two main factors: judges are becoming increasingly aware of the fact that archaeological expertise can play a crucial role in shedding light on various cases of civil and criminal offenses [1]. Normally, forensic archaeologists are employed to search for missing persons and/or to find/recover said persons. However, reports of archaeological/cultural offenses (such as violations of the Italian Code of Cultural Heritage or Article 733 of the Italian Penal Code) are on the rise, thus requiring the involvement of archaeologists or cultural heritage experts [2,3].
In this context, it follows that professional archaeologists will become increasingly involved in the field of forensics. They will require the appropriate knowledge of certain regulatory and ethical matters in order to carry out incontestable expert work and provide the Courts with reports of a high standard in terms of both form and substance [1]. In both civil and criminal cases, Judges have the power to appoint a professional, expert or technician as their assistant when they need to settle complex technical issues, carry out investigations or acquire data or judgments that require specific technical, scientific or artistic skills (Article 221 of the Italian Code of Criminal Procedure, hereafter CCrP, and Article 61 of the Italian Code of Civil Procedure, hereafter CCiP.
The development of the role of archaeologist in the field of forensics can be linked to two main factors: judges are becoming increasingly aware of the fact that archaeological expertise can play a crucial role in shedding light on various cases of civil and criminal offenses [1]. Normally, forensic archaeologists are employed to search for missing persons and/or to find/recover said persons. However, reports of archaeological/cultural offenses (such as violations of the Italian Code of Cultural Heritage or Article 733 of the Italian Penal Code) are on the rise, thus requiring the involvement of archaeologists or cultural heritage experts [2,3].
In this context, it follows that professional archaeologists will become increasingly involved in the field of forensics. They will require the appropriate knowledge of certain regulatory and ethical matters in order to carry out incontestable expert work and provide the Courts with reports of a high standard in terms of both form and substance [1]. In both civil and criminal cases, Judges have the power to appoint a professional, expert or technician as their assistant when they need to settle complex technical issues, carry out investigations or acquire data or judgments that require specific technical, scientific or artistic skills (Article 221 of the Italian Code of Criminal Procedure, hereafter CCrP, and Article 61 of the Italian Code of Civil Procedure, hereafter CCiP.
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