Wpisywanie na listę biegłych sądowych psychologów i powoływanie biegłego psychologa w sprawach karnych i cywilnych
Legal basis for establishing and appointing an expert psychologist in criminal and civil cases
Author(s): Hubert ChróstSubject(s): Psychology, Criminal Law, Civil Law, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: Polish law; psychologist; experts; list of experts;
Summary/Abstract: Psychology as a science deals with human activities and behaviors, which consist of both subjective mental processes and external, objective and physical reactions. It is the study of how people cope with their environment and how they behave towards each other1. Psychology examines the behavior of individuals and their mental pro-cesses in a scientific way, allowing us to determine what drives people and how their psyche functions. It is therefore not surprising that since psychology as a science is a field that focuses on human functioning and answers questions about human emotions, motiva-tion, consciousness, mental state, mental disorders and behavioral disorders, the jus-tice system often uses the knowledge of special psychologists, who provide answers to questions necessary to resolve the case in the field of clinical psychology, educational and developmental psychology, personality and neuropsychology. However, for many years, along with the development of psychology as a scientific field, the need of the justice system for the specialist knowledge of psychologists, both in criminal and civil cases, has also been growing, which can be observed, for example, by following the amendments to the regulations.It should be mentioned that undoubtedly evidence from an expert opinion is often the key and most important evidence in a case, therefore, in order to ensure the per-manent possibility of the justice system seeking reliable psychological opinions, the legislator decided to introduce lists of experts kept by the presidents of district courts.It is important that in order for an expert psychologist to issue an opinion in a specific case, the procedural authority must admit evidence from the opinion in the field of psychology and appoint an expert to issue the opinion. It cannot also be omit-ted, although there is a list of court experts, the procedural authorities authorized to admit expert evidence in civil and criminal cases are not limited by this list and may also appoint an expert or a team of experts from outside the list in the case. This article is intended, first of all, to introduce and present the legal provisions regulating the principles of entering the list of experts and admitting evidence from psychological opinions prepared by experts in criminal and civil cases.
Journal: Kortowski Przegląd Prawniczy
- Issue Year: 2024
- Issue No: 2
- Page Range: 29-39
- Page Count: 11
- Language: Polish
