An Expert in Legal Proceedings. De Lege Ferenda Postulates

Abstract

The lack of accurate regulations relating to legal medicine experts has become the core of the considerations of the existing law (i.e. the regulation on legal experts of 24 January, 2005) and a proposal of 2006 with regard to the introduction of a law on legal experts present in legal proceedings and other types of procedure carried out in compliance with the relevant laws. Among others, the following issues are discussed: ignorance of consultative rules, lack of sufficient knowledge of legal issues and little cooperation between lawyers and physicians.

The draft in question incorporates several interesting solutions, and the very idea of working towards improvement of necessary regulations is fine, including the verification of consultative bodies and obligatory familiarity with the laws, commission supervision or restriction of the role of ad hoc experts - all happening in practice.

What remains undetermined are still the subjects related, among others, to potential politicisation of legal experts (under supervision of the Justice Minister).