https://orcid.org/0000-0001-6010-3528
Doktor nauk prawnych, radca prawny, radca prezesa Najwyższej Izby Kontroli pełniący obowiązki dyrektora Delegatury NIK w Bydgoszczy
Tomasz Sobecki
Attorney-at-Law, 2 (27), 2021, pp. 137 - 164
https://doi.org/10.4467/23921943RP.21.016.14209The purpose of this article is to present the institution of a court-appointed expert in criminal and in civil proceedings in terms of their similarities and differences. Often the same people, institutes or institutions are involved in both types of proceedings. However, criminal and civil proceedings impose various formal and substantive requirements in relation to these entities. Obtaining the status of a court-appointed expert and performing this role in the proceedings may differ significantly depending on the type of proceedings. This fact produces two conclusions. First: the parties to the proceedings (and especially their professional legal representatives) should be aware of when and in what circumstances they can use an opinion of a court-appointed expert. Second: court-appointed experts themselves (or persons and entities who aspire to such a role) should have a clear understanding of their role in the proceedings.
Tomasz Sobecki
Attorney-at-Law, 1 (26), 2021, pp. 99 - 119
https://doi.org/10.4467/23921943RP.21.004.13892An expert in both criminal and civil proceedings is a qualified assistant of the court (or other procedural bodies) providing special evidentiary information. The opinion issued by him is an independent source of evidence of specific importance. Contrary to a witness, they are not providers of information about facts, but interpreters of these facts from a scientific and technical point of view. They must possess specialized knowledge and experience otherwise unavailable to other participants in the proceedings. The role and function of experts in criminal and civil proceedings are seemingly similar. However, each of these proceedings has many special regulations that cause significant differences in this respect. These differences are the focus of this study.