Respect for the right to defense at the disposal of judicial expertise

Abstract

The observance of the right to defense at the disposal of the judicial expertise represents a positive obligation of the criminal investigation body and consists of several obligations specified in art. 142 - 153 of the Code of Criminal Procedure. In order to ensure the person's rights to a fair trial, in accordance with the provisions of art. 145 para. 1. The CPC, the criminal investigation body, the prosecutor or the court, if it orders the conduct of the forensic examination, shall inform the parties in writing of the subject matter of the forensic examination and the questions to be answered by the expert and explain to the parties that they have the right to to comment on these questions and to request their amendment or completion, as well as the right to request the appointment of an expert recommended by each of them to participate in the conduct of the forensic examination. If it does not appear from the case-file that the parties participated in the examination or had the opportunity to ask the specialist questions, which indicates that the evidence cannot be based on the conviction, if the accused party is restricted the right to defense.