Formalna jednakost i stvarne razlike: vještak tužilaštva i vještak odbrane u krivičnom postupku
Formal Equality and Actual Differences: The Prosecution’s Expert Witness and the Defence Expert Witness in Criminal Proceedings

Summary/Abstract: This paper examines the role and procedural position of court-appointed experts proposed by the prosecution and by the defence in criminal proceedings. Although the legal framework formally requires that all court experts act impartially and independently, regardless of the party proposing them, practical differences arise due to the distinct procedural contexts in which expert opinions are prepared and presented. The analysis focuses on the normative framework governing expert evidence, the circumstances of expert engagement, access to case materials, time constraints, and methodological approaches to the assessment of relevant facts. Particular attention is given to the treatment of doubt and the evaluation of expert evidence in light of the principle in dubio pro reo. The paper concludes that the observed differences between prosecution and defence experts do not stem from professional bias, but from their respective procedural roles within criminal proceedings, highlighting the crucial responsibility of courts to critically assess expert opinions in order to ensure a fair trial.

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