APPOINTMENT AND ASSIGNMENT OF JUDICIAL EXPERTISE

    You have initiated criminal proceedings, in which it is necessary to attract a relevant specialist, whose special knowledge is needed to clarify certain circumstances of the case.

    Simultaneously with the appointment of the expertise, the specialist in the given field is involved in the capacity of an expert. In civil law, instead of "appointment of an expert", it is customary to refer to "appointment of an expert".

    In criminal law, an expert is appointed by the court or the bodies of pre-trial proceedings, and in civil law an expert is appointed by court order, when special knowledge is needed to clarify certain issues essential to the case.

    When a fact is obvious, the need for expertise is excluded and if a fact is established in an indisputable and categorical way through the testimony of witnesses and explanations of accomplices, no expertise is appointed.

    The law lists the cases in which an expert examination is obligatory, when there is a doubt about:

• Cause of death;
• The nature of the bodily injury;
• The sanity of the accused;
• The ability of the accused in view of his physical and mental condition to correctly perceive the facts that are relevant to the case and to give reliable explanations about them;
• The ability of the witness in view of his physical and mental condition to correctly perceive the facts that are relevant to the case and to give reliable explanations for them;

    The expertise is appointed as soon as the need arises to clarify certain facts due to the speed of the process on the one hand, and on the other hand - the danger of changing the objects to be studied.

    It is important to keep in mind that when appointing an expert and preparing a forensic examination, the court determines the remuneration of the specialist. After the payment of the remuneration, proof of performance is presented to the court and the judge orders notifying the expert to prepare the specific expertise by answering assigned tasks / questions on the expertise.