Strenghtening the model of the judicial expertises

At present, the organization of the judicial expertises and the activity of expert witnesses (EW) are regulated by the Civil Procedure Code, the Administrative Procedure Code, Criminal Procedure Code, Penal Code, Judiciary System Act and Ordinance № 2 of 2015 for registration, qualification and remuneration of experts. Ordinance regulates the conditions to be met by specialists approved for EWs, order and deadlines for change in the EWs' lists and derecognition of experts, ethical rules of conduct etc. There is no clear regulation of the status of EWs, who and in what order to investigate compliance with the ethics rules, it is also not settled their professional responsibility. There is a lack of opportunity EW to be excluded from the list due to poor expertises. Ordinance allows various authorities to make a proposal for nomination of EWs. For each judicial area of district or administrative court, as well for specialized criminal court lists of EWs and the chairmen of SAC, SCC, SCP, SAP and NIS can approve separate lists for their needs. Fragmentation in regulation leads to lack of experts in certain areas of some judicial districts, particularly for some complex expertises, which cause considerable difficulties in trial and often leads to its delay. Judicial expertise is of great importance for the informed and justified decision of the court. Specialized software for EWs was developped, but it is used only in separate courts without interconnection with the others. The project will support the reform of expertises - with guarantees for recruitment and adequate selection of EW for each trial and possibility for choice of EWs from different judicial districts, anti-corruption measures etc. It is envisaged a study of the legislation and practices of EU Member States, in order to identify applicable for Bulgaria. Single register will be set up, upgrading the existing one now, without fragmentation in the selection of EWs and exercising control over their activity.

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