Criminal procedural law doctrine emphasizes that the evaluation of evidence is continuous and also encompasses expert opinions, which, because they are based on specialized knowledge, require verification using objective criteria such as methodological accuracy, coherence of argument, and compliance with the current state of science. However, practice shows that procedural authorities often accept expert opinions uncritically, leading to deficiencies and violations of fair trial standards. Of particular significance in this context is the wording of Article 196(3) of the Code of Criminal Procedure, which apodictically requires the appointment of another expert if circumstances are substantiated that undermine confidence in the expert’s knowledge or impartiality. Despite the precise wording of the provision, this regulation is often marginalized, which favors the acceptance of flawed opinions and, consequently, increases the risk of procedural errors that can even lead to wrongful convictions.
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