Article 62. Rights and obligations of a specialist

A person summoned as a specialist shall have the right to the following: Know the purpose of the summon; waive participation in the proceedings if he/she lacks the relevant special knowledge and skills; with the court's permission, ask questions to participants of the proceedings; draw the attention of the participants of the procedural action to the circumstances related to his/her actions in providing assistance in the collection, examination and evaluation of evidence, the use of scientific and technical means, preparation of materials for the commissioning of examination; become acquainted with the record of the proceedings, in which he/she took part, as well as in the relevant part of the court record and make statements and comments, subject to recording in the minutes, concerning the completeness and correctness of recording the course and results of the actions performed with his/her participation; receive compensation for expenses incurred by him/her in connection with his/her participation in the proceedings.

A person appointed as a specialist shall be obliged to: appear upon the courtʼs summons; participate in procedural actions and court proceedings using special knowledge, skills, and scientific and technical means; provide explanations regarding the actions performed; and not disclose, without the courtʼs permission, information and details of the deliberations of a closed court hearing. The specialistʼs consultations on all arising issues shall be submitted to the court in writing, while explanations given by the specialist during the court proceedings shall be entered into the court hearing record.

For failure to appear on the summons for reasons recognized by court invalid, as well as for unreasoned waiver of giving advice (explanations), the specialist may be fined in accordance with the procedure established by Article 146 of this Code.

The imposition of a fine shall not release the specialist from the obligation to appear and give an advice (explanation).