Wymogi formalne i merytoryczne udziału biegłego w postępowaniu karnym i w postępowaniu cywilnym

Formal and substantive requirements for the participation of a court-appointed expert in criminal and civil proceedingsThe purpose of this article is to present the institution of a court-appointed expert in criminal and in civil proceedings in terms of their similarities and differences. Often the same people, institutes or institutions are involved in both types of proceedings. However, criminal and civil proceedings impose various formal and substantive requirements in relation to these entities. Obtaining the status of a court-appointed expert and performing this role in the proceedings may differ significantly depending on the type of proceedings. This fact produces two conclusions. First: the parties to the proceedings (and especially their professional legal representatives) should be aware of when and in what circumstances they can use an opinion of a court-appointed expert. Second: court-appointed experts themselves (or persons and entities who aspire to such a role) should have a clear understanding of their role in the proceedings.