The expert witness is a person, who can provide evidence for court. This institute is becoming more and more important nowadays. Expert witness is a mixture between the institute of witness and the institute of expert. Because of its uniqueness are the existing rules unsufficient for a complete and precise regulation of the institute.
The use of expert witness is very important when it comes to expert questions, on which participants, including the judge, tipically don`t know the answers. In the past the court appointed expert was the one who had the monopoly on this area. But nowadays we are moving forward more adversarial system in accordance with which, parties are allowed to have bigger influence on the procedure. They can be more active in providing expert evidence, because they have a chance to appoint their own expert, who will help them support their view of the truth.
Allthough slovenian criminal law does not have a definition of expert witness, we can find its draft in the provisions of Criminal procedure act regarding autopsy. The biggest role in regulating and using the institute of expert witness belongs to courts with their judicature.
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