Despre (ne)constituţionalitatea desemnării expertului în faza de urmărire penală
About the (unconstitutionality) of the appointment of the expert in the criminal investigation phase

Summary/Abstract: In almost all situations, in the event of having an expertise in the criminal investigation phase, the prosecutor appoints the expert without drawing lots and in the absence of the parties. In these situations, suspicions inevitably arise of bias of the expert, of his interested appointment by the prosecutor and of possible occult agreements between them regarding the result of the expertise. In the following lines we will analyse the provisions of the Code of Criminal Procedure in terms of constitutional provisions on predictability and accessibility of law, equal treatment, and the right to a fair trial, concluding that they are violated in the situation of appointing the expert without drawing lots and in the absence of parties.

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