Expert report is an expert opinion that sheds light on the judge's decision on matters requiring technical knowledge. It is used in both criminal (CMK art. 62-73) and civil (HMK art. 266-287) trials.
Appointment of Expert
- Upon request of the court
- Joint request of the parties
- From the experts on the list (Forensic Medicine Institution, universities, professional associations)
Expert witness Obligations
- Impartiality
- Examination in the field of expertise
- Presenting a report on time
- Providing the necessary documents and samples
Reasons for Objection to the Report
- Expert is not an expert or his personality is questionable
- Examination incomplete or incorrect
- Report contradictory or ambiguous
- Emerging findings
- Expert is biased (reason for rejection)
Additional Report / New Expert
The court evaluates the report objections and:
- Requests an additional report
- May appoint a new expert (as a committee)
- Referral to the University/Forensic Medicine Institute
Expert of the Parties
Possibility of "party expert" brought by HMK: parties can present their own expert opinions.
Supreme Court HGK
HGK states that the court is "not blindly dependent on the expert report", can reach different conclusions by making an independent evaluation, but has to justify emphasizes.
Lawyer support is recommended.