Publication details
Liability of the expert for the expert's report
| Authors | |
|---|---|
| Year of publication | 2024 |
| Type | Article in Proceedings |
| Conference | Criminalistics and forensic expertology: science, studies, practise XX. |
| MU Faculty or unit | |
| Citation | |
| Keywords | expert; liability; civil; administrative; criminal; ethical |
| Description | The work of experts is very important for various types of proceedings and helps to assess complex factual issues. However, even a considerable erudition and experience of an expert does not necessarily prevent him from making an error in the preparation of an expert report, which then has a subsequent impact on the outcome of the entire proceedings. In such a case, it is then appropriate to hold the expert liable for the damage caused by the expert´s report. This paper will deal with the question of the liability of the expert for the correctness or incorrectness of the expert's report. We will focus on the various types of liability of an expert, whether in civil, administrative or criminal law, and we will also address ethical liability in relation to the statutory regulations. We will define what conditions must be fulfilled in order for the liability of an expert to be invoked, what can be claimed against an expert and what are the control mechanisms of expert activities. We will consider the above issues in the context of the applicable legislation and the relevant case law of the highest courts in the Czech Republic. The findings from the practical expiriences of both authors will not be omitted. |
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