Obrońca wobec opinii biegłego w procesie karnym
Defender vs expert witness opinion in a criminal procedure
Author(s): Jan WidackiSubject(s): Criminal Law
Published by: Oficyna Wydawnicza KA AFM
Keywords: expert witness; expert evidence; evidence and attorney of law
Summary/Abstract: In accordance with the binding criminal procedure, the defender may request that an expert witness is called to court by addressing an appropriate motion to a judicial body (the prosecutor or the court). The body may consider the motion but is not obliged to do so. Once the witness has been called to court, he or she can be questioned, and his or her expertise and/or impartiality can be examined. Demanding the appointment of a different expert witness is also an option once circumstances that allow or require the exclusion of the previous one have occurred. A motion to appoint another expert witness before the court can be made, yet only if it has been proved that the current expert opinion has been incomplete or unclear, internally contradictory, or contradictory to other opinions issued in the same case.
Journal: Studia Prawnicze: rozprawy i materiały
- Issue Year: 16/2015
- Issue No: 1
- Page Range: 5-20
- Page Count: 16
- Language: Polish