Dopuszczenie dowodu z opinii innego biegłego w polskim postępowaniu cywilnym i karnym. Podobieństwa i różnice
Admission of Evidence from the Opinion of Another Expert in Polish Civil and Criminal Proceedings. Similarities and Differences

Summary/Abstract: The article concerns the issue of admitting evidence from the opinion of another expert in the light of the Code of Civil Procedure and the Code of Criminal Procedure. In civil proceedings, there are no prerequisites for seeking the opinion of another expert, while in criminal proceedings it is clearly specified when such a decision is allowed. Despite this, the jurisprudence of the Supreme Court reasonably assumed that the court in civil proceedings is not free to appoint further experts, and that such decision should be based on rational arguments, such as ambiguity, incompleteness or contradictions appearing in opinions. Both under the Code of Civil Procedure and under the Code of Criminal Procedure, there is no doubt that admission of evidence from the opinion of another expert is not permissible only because the opinion does not convince the party or is detrimental to it. Admission of evidence from the opinion of another expert is in this case inadmissible, as it has no normative basis. According to the author, procedural provisions should regulate the issue of admitting evidence from the opinion of another expert in the same way, as there is no justification for other solutions to apply in civil proceedings and others in criminal proceedings. The provisions should clearly show when it is possible to admit evidence from the opinion of another expert, i.e. what are the conditions for making such a decision, as well as the procedure followed. In this matter, the solution adopted in the Code of Criminal Procedure is more precise, and the provisions of the Code of Civil Procedure are too general.

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