Article 58. Rights and duties of the specialist

A person summoned as a specialist has the right: to know the purpose of his summoning; to refuse to participate in the proceedings if he does not have the appropriate special knowledge and skills; upon a permission of the court, to ask questions from the participants in the procedural action; to draw the attention of the participants in the procedural action to the circumstances associated with his actions when assisting in the collection, research and evaluation of evidence, when using scientific and technical means, preparing materials for the assignment of the examination; to get acquainted with the minutes of the procedural action in which he took part, as well as with the relevant part of the minutes of the court session and make statements and comments to be entered into the minutes regarding the completeness and correctness of the recording of the course and results of the actions carried out with his participation; receive reimbursement of expenses related to the participation in the performance of procedural actions, and remuneration for the work performed, if participation in the proceedings on the case is not within the scope of his official duties.

A person appointed as a specialist is obliged to: appear upon the summons of the court; participate in the performance of procedural actions and in the court hearing using specialized knowledge, skills, and scientific and technical means; give advice; provide explanations regarding the actions performed by them; and not disclose information and details of a closed court session without the permission of the court.

If a specialist does not appear when summoned by the court without an excuse recognized as valid by the court, as well as unjustifiably refuses to give consultations (explanations), he may be subject to a court fine in the manner prescribed by chapter 14 of this Code.

The imposition of a fine shall not relieve a specialist from the obligation to appear and give consultations (explanations).