Article 59. Rights of an expert

An expert has the right to: familiarize themselves with the case materials related to the subject of the expert examination, record necessary information from them or make copies; participate in on-site inspections and file motions for the submission of additional materials and objects of examination necessary for conducting the expert examination; participate in the examination of evidence relevant to the subject of the expert examination during the trial and, with the permission of the court, put questions to the persons participating in the case and to witnesses; inspect material, written, and digital evidence and documents; express in their opinion findings not only on the questions put before them, but also on other matters relevant to the case and within the scope of the subject of the expert examination; make statements, to be entered into the minutes of the court session, regarding the misinterpretation of their opinion or testimony by the persons participating in the case and witnesses; submit an opinion and give testimony in their native language if they do not know or do not sufficiently know the language in which the trial is conducted, and use the services of an interpreter in such a case; appeal against the decisions of the court conducting the case, or the actions (inaction) of the judge in the manner prescribed by law, if these decisions or actions (inaction) violate the rights and freedoms of the expert; recover expenses incurred during the conduct of the expert examination.

If the expert is convinced that the questions raised cannot be resolved on the basis of his/her special knowledge, or if the objects for examination or materials presented to him/her are unsuitable or insufficient to give an opinion and cannot be replenished, or if the state of science and forensic practice do not allow him/her to answer the questions raised, he or she shall prepare a reasonable report certifying the impossibility of giving an opinion and send it to the court which appointed the expert examination.