Principal rights and duties of the expert in the Criminal Procedure of Poland
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Abstract
From September 1998 a new Criminal Procedure Code is in force in Poland. Evidence collection is newly regulated in the Code among other issues. Although the institute of expert was not essentially reorganised, many of its amendments and corrections have emerged in relation to the changes of the arguing process and to the new possibilities of examination.
Expert serves the participants in the procedure by applying his special knowledge. The law provides certain rights and duties of the expert.
The article outlines common rights and duties of the expert and their scientific evaluation. The Expert has a right to provide an opinion (draw a conclusion) on the issues a body of the procedure is in interest. An opinion may be provided in writing or in oral, according to the request.
In certain cases, due to objective or subjective reasons, an expert may refuse to provide an opinion. The Law extended rights of the expert to become acquainted with the case material, with the exception of this right restriction in certain cases. The expert is allowed to participate in the Meetings of hearings of the court or in other actions of the procedure and to state his/her opinion. The expert has a right to choose the methods of research, a right to get proper payment for his work and reimbursement of other expenses related to the investigation. The new Criminal Procedure Code of Poland enhanced legal protection of all participants of the procedure including the experts. Scientists proposed to step one step further and establish an institute of expert undercover for certain categories of cases.
The expert’s duties and the conditions for their implementation are also analysed. General duties of the expert are defined in the chapter 22 of the Criminal Procedure Code of Poland, which deals with experts, specialists and interpreters. In addition, other norms of the Code, which provide general duties of the procedure bodies are obligatory for the experts. When called to execute the duty (not only to carry out examinations but also to participate in the procedural actions, to consult) the expert must accept the call, carry out the assignment and present the conclusion. During the implementation of the functions, the expert must carry out investigations conscientiously and impartially. The law provides up to three years imprisonment for a deliberate presentation of the wrong conclusion. Duties of the expert indicate that he/she must not announce any knowledge gained in the process of the duties execution.
Moreover, the expert is obliged to report about any such crime, inform and if necessary call the other expert to solve any questions in dispute, establish degree of reliability, etc.
Expert serves the participants in the procedure by applying his special knowledge. The law provides certain rights and duties of the expert.
The article outlines common rights and duties of the expert and their scientific evaluation. The Expert has a right to provide an opinion (draw a conclusion) on the issues a body of the procedure is in interest. An opinion may be provided in writing or in oral, according to the request.
In certain cases, due to objective or subjective reasons, an expert may refuse to provide an opinion. The Law extended rights of the expert to become acquainted with the case material, with the exception of this right restriction in certain cases. The expert is allowed to participate in the Meetings of hearings of the court or in other actions of the procedure and to state his/her opinion. The expert has a right to choose the methods of research, a right to get proper payment for his work and reimbursement of other expenses related to the investigation. The new Criminal Procedure Code of Poland enhanced legal protection of all participants of the procedure including the experts. Scientists proposed to step one step further and establish an institute of expert undercover for certain categories of cases.
The expert’s duties and the conditions for their implementation are also analysed. General duties of the expert are defined in the chapter 22 of the Criminal Procedure Code of Poland, which deals with experts, specialists and interpreters. In addition, other norms of the Code, which provide general duties of the procedure bodies are obligatory for the experts. When called to execute the duty (not only to carry out examinations but also to participate in the procedural actions, to consult) the expert must accept the call, carry out the assignment and present the conclusion. During the implementation of the functions, the expert must carry out investigations conscientiously and impartially. The law provides up to three years imprisonment for a deliberate presentation of the wrong conclusion. Duties of the expert indicate that he/she must not announce any knowledge gained in the process of the duties execution.
Moreover, the expert is obliged to report about any such crime, inform and if necessary call the other expert to solve any questions in dispute, establish degree of reliability, etc.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
