Teismo ekspertizės įstatymo Lenkijoje keliai ir klystkeliai

Abstract

The authors very critically refer to selected Polish regulations, particularly with regard to the expert witness’ position in a criminal trial. The main problems discussed in the article are as follows: absence of a consistent expert witness law in Poland – a comprehensive legal act, non-regulated status of expert witness, absence of measures for verification of expert witness qualifications, ambiguity regarding the „scientific or specialist institutions”, only partial regulation of the issue of the so-called private expert testimony, extremely low hourly wages on the basis of which the expert’s remuneration is calculated, introducing inadvertence as the criminal offence involving delivery of a false expert opinion, chaos regarding the maintenance of expert register, strict control of the expert’s access to the case file in criminal proceedings, lack of reflection by the lawmaker de lege lata.