Civil legal expert examination in Greece: Situation
Extract from the final Eurexpertise report
All rights reserved EEEI © 2012
- Antonios ATHINAIOS, Supreme Court judge
- Gilbert MOUTHON, Expert
Other administrative order
I. Procedural rules in calling for an expert examination
I. 1) On the initiative of
Judge or litigants
I.2) Mandatory expert examinations
I. 3) Decision-maker
I.4) Is a pre-trial expert examination possible?
II. Choice and appointment of the expert(s)
II. 1) Register
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
II. 5) Nationality
II. 6) Recusal by the litigant parties
II. 7) Expert’s withdrawal (refusal of a mission)
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
III. Definition of the expert’s mission
III. 1) Who determines the mission?
III. 2) Type of mission
Any type of technical question.
IV. Progress of the expert’s mission
IV. 1) Judge supervision
IV. 2) Form of contradictory procedure
Immediate and permanent.
IV. 3) Participation in the hearing
V. Close of the expert examination
V. 1) Does conciliation put an end to the expert’s mission?
V. 2) Form imposed on the report
V. 3) Does the report put an end to the expert’s mission?
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?
V. 6) Is the judge bound by the expert’s conclusions?
V. 7) Possibility of a second opinion
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
VI. 3) Possibility of additional payment
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?
VII. 2) Expert liability
Civil and criminal
VII. 3) Mandatory insurance for the expert
VIII. The expert’s status
VIII. 1) Existence of selection criteria (accreditation)
Knowledge and competence in a particular field.
VIII. 2) Classification of skills
VIII. 3) Required qualifications
VIII. 4) Grant of accreditation
VIII. 5) Possibility of accrediting a legal person
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
VIII. 8) Supervision of the expert’s mission
VIII. 9) Expert’s activity report
VIII. 10) Code of ethics
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
VIII. 13) Laws governing the expert’s status
Articles 368-392 of the Code of Criminal Procedure and 159-168 of the Code of Administrative Procedure