Article 95. Expert examination

In order to clarify issues arising in the course of the proceedings, which require special knowledge in the field of science, technology, art or craft, the court may, at the request of the persons participating in the case or on its own initiative, appoint an expert examination.

Expert examination shall be carried out in court or out of court, if it is necessary by the nature of the examination or due to impossibility or difficulty to bring the subject of examination to the court.

The court ruling on the commissioning of the expert examination shall indicate the issues on which the expert opinion is required and the person instructed to carry out the expert examination.

When appointing experts, the court shall take into account the opinion of persons participating in the case.

Should a party evade participation in the expert examination, fail to provide the experts with necessary materials and documents for the examination, as well as in other cases, if due to the circumstances of the case and without participation of this party the expert examination cannot be conducted, the court — depending on which party evades the expert examination and what significance it has for it — shall have the right to recognize the fact for clarification of which the expert examination was commissioned, as established or disproved.

A lawyer, with the consent of the client, can send a lawyerʼs request to state forensic expert institutions and non-state forensic expert organizations to conduct an examination on a contractual basis.