Studia Prawnicze. Rozprawy i Materiały / Studies in Law: Research Papers

Abstract

This article analyzes the institution of expert witnesses in the field of forensic medical opinions they prepare, with particular emphasis on polish criminal procedure and medical law. The article addresses the provisions of applicable law regarding expert evidence in criminal proceedings, legal acts covering the subject of expert witnesses, and regulations determining their liability in the context of their opinions. Furthermore, the authors assess the current practice of preparing forensic medical opinions by experts in medical proceedings, highlighting the perceived shortcomings of the evidence discussed. What is more, analyzing the identified problems and the criteria for assessing opinions by procedural bodies, a proposal is presented for the elements that should be included in a model forensic medical opinion, drawing on practice and applicable regulations. The article highlights issues that have not yet been regulated, but whose introduction by the legislature would significantly improve both the quality of opinions prepared and the applicable procedural procedures. The article’s issues remain relevant in the context of the long-announced legislative changes, referring to the noticeable need to standardize the institution of a expert witness. Moreover, the presented proposals for regulations, the introduction of which could standardize and support the use of the discussed type of evidence by procedural authorities.