Civil legal expert examination in Greece: Situation
Extract from the final Eurexpertise report
All rights reserved EEEI © 2012
Contributing correspondent
- Antonios ATHINAIOS, Supreme Court judge
Author
- Gilbert MOUTHON, Expert
Other administrative order
YES
I. Procedural rules in calling for an expert examination
I. 1) On the initiative of
Judge or litigants
I.2) Mandatory expert examinations
NO
I. 3) Decision-maker
The Judge
I.4) Is a pre-trial expert examination possible?
YES
II. Choice and appointment of the expert(s)
II. 1) Register
Professional
Mandatory for criminal trials with the litigants allowed to appoint the person they choose.
II. 2) Oath
At each mission
II. 3) Choice of the Expert
By the judge, after consulting the parties
II. 4) Participation by the parties in the appointment process
YES
II. 5) Nationality
European Union
II. 6) Recusal by the litigant parties
YES
II. 7) Expert’s withdrawal (refusal of a mission)
YES
II. 8) Possibility of adding another expert
YEes, but he must be appointed by the Court
II. 9) Possibility of being assisted by a colleague
UNSPECIFIED
III. Definition of the expert’s mission
III. 1) Who determines the mission?
The judge
III. 2) Type of mission
Any type of technical question.
IV. Progress of the expert’s mission
IV. 1) Judge supervision
NO
IV. 2) Form of contradictory procedure
Immediate and permanent.
IV. 3) Participation in the hearing
On request
V. Close of the expert examination
V. 1) Does conciliation put an end to the expert’s mission?
YES
V. 2) Form imposed on the report
NO
V. 3) Does the report put an end to the expert’s mission?
YES
V. 4) Is there an imposed structure for the report?
The report must explain the expert’s actions, his opinions on the questions submitted to him, and the facts on which he is basing his opinion.
V. 5) Is a preliminary report mandatory?
NO
V. 6) Is the judge bound by the expert’s conclusions?
NO
V. 7) Possibility of a second opinion
YES
VI. Funding for the expert examination
VI. 1) Security-Payment
Must be paid by the party that called for the expert opinion
VI. 2) Determining the amount of payment due
UNSPECIFIED
VI. 3) Possibility of additional payment
YES
VI. 4) Determining fees and costs
By the expert himself with the parties’ agreement. In the event of a disagreement, by the Court before which the Expert may bring the parties that called on his opinion.
VI. 5) Possibility of contesting the fees
Not if they were decided by the judge.
VII. Expert liability within proceedings
VII. 1) Are there any laws governing expert examinations?
YES
VII. 2) Expert liability
Civil and criminal
VII. 3) Mandatory insurance for the expert
NO
VIII. The expert’s status
VIII. 1) Existence of selection criteria (accreditation)
Knowledge and competence in a particular field.
VIII. 2) Classification of skills
YES
VIII. 3) Required qualifications
NR
VIII. 4) Grant of accreditation
NR
VIII. 5) Possibility of accrediting a legal person
NO
VIII. 6) f) Validity period for the accreditation
In practice, there is no limit to the validity period, although the law provides for an annual change of the listed experts on a rotational basis.
VIII. 7) Regular assessment tests
NO
VIII. 8) Supervision of the expert’s mission
NO
VIII. 9) Expert’s activity report
NO
VIII. 10) Code of ethics
NO
VIII. 11) Good practice
Not exactly, the two main rules governing expert examinations are impartiality and competence in a specialised field.
VIII. 12) Possibility of penalties
YES
VIII. 13) Laws governing the expert’s status
YES
Articles 368-392 of the Code of Criminal Procedure and 159-168 of the Code of Administrative Procedure
