Recognition of the Profession of Forensic Specialist in Portugal

Abstract

Introduction: Forensic evidence plays a decisive role in judicial decision-making, criminal investigation, and internal security. Despite its centrality, the Portuguese legal system lacks a structured framework for the professional recognition of forensic experts, relying instead on the indeterminate notion of a “person with special knowledge.” This regulatory gap undermines methodological reliability, legal certainty, and international interoperability, placing Portugal at odds with consolidated forensic science standards that require demonstrable validity, awareness of error rates, and scientific scrutiny of expert evidence [1].

Objective: To analyse the portuguese legal framework governing forensic evidence and expert recognition, and to substantiate on legal and scientific grounds the need to establish a Statute of the Forensic Specialist aligned with international validation, accreditation, and professional responsibility standards.

Materials and Methods: A qualitative legal-dogmatic and comparative analysis was conducted, focusing on: (i) forensic evidence regimes under the Portuguese Criminal and Civil Procedure Codes; (ii) national legislation on regulated professions; (iii) applicable international technical standards, namely ISO/IEC 17025 for testing and calibration laboratories [4] and ISO/IEC 21043 for trace analysis and chain-of-custody requirements [5]; (iv) comparative regulatory models from jurisdictions where compliance with forensic standards is legally enforceable, including the United Kingdom [2]; (v) institutional contributions developed within the APCF since 2019.

Results: The analysis identifies critical deficiencies in the Portuguese system, including: (i) absence of legally defined minimum qualifications for forensic experts; (ii) lack of a transversal professional statute for non-biomedical forensic disciplines; (iii) absence of mandatory requirements for methodological validation, error-rate estimation, and traceability; (iv) dissociation between laboratory accreditation and individual competence; (v) inexistence of a specific disciplinary framework; (vi) territorial asymmetries in expert appointment and assessment; (vii) reduced capacity for international cooperation.

Comparative analysis demonstrates that mature forensic systems require individual certification, periodic competence assessment, compliance with international technical standards, and independent regulatory oversight [2].

Discussion: The lack of a dedicated forensic professional statute compromises scientific reliability and judicial predictability. Contemporary forensic science requires validated methodologies, probabilistic reasoning, and transparent communication of uncertainty, particularly in evaluative reporting. These requirements are clearly reflected in European best-practice guidelines for forensic reporting [3]. Without a statutory framework ensuring individual competence and methodological compliance, the probative value of forensic evidence remains uneven and vulnerable to challenge.

Conclusions: The legal recognition of the forensic specialist profession constitutes a structural reform of the portuguese justice system. Establishing a dedicated statute: defining the profession, access requirements, mandatory continuing education, deontological rules, periodic evaluation, and disciplinary liability, is essential to ensure evidentiary reliability, protection of fundamental rights, and alignment with international best practices.