Special Legal Relationships and Liability Issues in Relation to Evidence Handed over to A Forensic Expert by a Civil Court

Abstract

The paper takes a recent case as a starting point to examine how the disappearance of the object of examination from a forensic expert appointed by the trial court should be assessed in the light of civil law, civil procedure and constitutional law. The analysis will focus on the specific legal relationships and liabilities associated with the appointment of an expert. The theoretical conclusions on these issues are the starting point for the fundamental question, of constitutional importance, of whether a judgment can be based on an expert’s opinion that was drawn up without the expert having returned the object of the examination although he should have done so. The study also attempts to answer this question.