Title
Disqualification of an Expert Witness for Reasons that Undermine Confidence in His Knowledge and Impartiality – Reality versus the Legal Norm of Article 196(3) of the Code of Criminal Procedure
Authors
[ 1 ] Wydział Bezpieczeństwa Narodowego, Akademia Sztuki Wojennej | [ P ] employee
Scientific discipline (Law 2.0)
Year of publication
2025
Published in
Article type
scientific article
Publication language
english
Keywords
PL
Abstract
EN Criminal procedural law doctrine emphasizes that the evaluation of evidence is continuous and also encompasses expert opinions, which, because they are based on specialized knowledge, require verification using objective criteria such as method-ological accuracy, coherence of argument, and compliance with the current state of sci-ence. However, practice shows that procedural authorities often accept expert opinions uncritically, leading to deficiencies and violations of fair trial standards. Of particular significance in this context is the wording of Article 196(3) of the Code of Criminal Procedure, which apodictically requires the appointment of another expert if circum-stances are substantiated that undermine confidence in the expert’s knowledge or im-partiality. Despite the precise wording of the provision, this regulation is often margin-alized, which favors the acceptance of flawed opinions and, consequently, increases the risk of procedural errors that can even lead to wrongful convictions.
Date of online publication
29.12.2025
Pages (from - to)
547 - 559
Comments
Bibliografia, netografia, wykaz aktów prawnych na stronie 559
License type
CC BY (attribution alone)
Open Access Mode
open journal
Open Access Text Version
final published version
Release date
29.12.2025
Date of Open Access to the publication
at the time of publication
Full text of article
Access level to full text
public
Ministry points / journal
100
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