Article 56. Rights and duties of the expert

The 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 judgments of the court conducting the case, or the actions (inaction) of the judge in the manner prescribed by law, if these judgments or actions (inaction) violate the rights and freedoms of the expert.

The expert is obliged to: there are being grounds provided for in articles 20 and 21 of this Code, immediately withdraw; conduct a comprehensive and complete study of the objects of examination presented to him, to give a reasoned and objective written opinion on the questions posed to him; appear upon summons of the court for personal participation in the court session; give testimony about his expertise and answer additional questions to clarify his conclusion; not to disclose information that became known to him in connection with the performance of the expert examination; ensure the safety of the presented objects of examination and case materials; keep order during the court session.

An expert shall bear criminal liability for knowingly giving a false opinion, and for disclosing information and details of a closed court session without the permission of the court.

If the asked questions fall outside the boundaries of special knowledge of the expert or submitted objects of examination or materials are inappropriate or not sufficient for preparation of a conclusion and cannot be supplemented or the state of science and forensic practice does not allow answering the posed questions, he shall draw up a reasoned statement about impossibility to draw a conclusion and submit it to the court which commissioned the expert examination.