Dowód z opinii biegłego – współczesne trudności i wyzwania na gruncie polskiego procesu karnego
Evidence of expert opinion – contemporary difficulties and challenges in the Polish Criminal proceedings

Summary/Abstract: The role of a court expert is of great importance not only in Poland but also in other states. The role of an expert is significant and, undoubtedly, evidence obtained from an expert’s survey is currently one of the most important parts of evidence in a criminal lawsuit. For many years by now the institution of a court expert in Poland has been requiring legislation changes. So far, the draft Act on court experts has not been adopted. The aim of this article is to present current issues in terms of issuing opinions by court experts in Poland. The author presents contemporary difficulties faced by the Polish criminal proceedings and the scope of changes that should be accompanied by an amendment to the law, as well as the development of further standards in terms of Polish jurisprudence and doctrine. The analysis of legislation, case studies, literature on the subject and the quantitative interpretation of data collected from various sources clearly leads to a basic conclusion on the need for changes in the Polish legal system. Important issues regarding the functioning of experts, around which discussions should be focused, and which should be taken into account when creating legal regulations, can be catalogued in the following areas: selection of candidates and criteria for assessing their competences and “suitability for the lawsuit”, keeping lists of court experts, monitoring functioning of experts. In addition, the method of appointing experts, preparing their opinions, the level of remuneration, improving qualifications, and finally the directives and standards for assessing evidence from expert opinions.

• Details
• Contents