Expert Witnesses in Georgia | Legal.ge

ExpertWitnesses

Does the defense have the right to conduct its own expertise?

Yes, under Georgian law, the defense has an equal right to engage an expert and present the report as evidence in court.

How much does an expert cost?

The cost depends on the complexity and type of expertise. Rates for private experts vary and are agreed upon individually.

Is the expert''s report binding on the court?

No, an expert report does not have predetermined force. The court evaluates it together with other evidence, though it is a very weighty argument.

Can the expert be questioned in court?

Yes, the defense has the right to summon the expert to court to testify and explain their findings during cross-examination.

Introduction: The Role of Expertise in Legal Proceedings
In modern litigation, especially in criminal cases, an expert''s conclusion is often the decisive evidence. An expert witness is a person with special knowledge in science, technology, art, or a craft, invited to investigate the circumstances of a case. However, relying solely on state expertise (e.g., the Samkharauli Bureau) is not always sufficient for an effective defense strategy. The defense has the right to invite alternative, independent experts to refute the prosecution''s arguments. This service involves finding qualified experts, engaging them, and legally ensuring their testimony in court.

What Does This Service Cover?
This service focuses on organizing and managing the necessary expertise for the case:

Identifying Needs: Analyzing case materials to determine what type of expertise (ballistics, traceology, psychiatric, financial, etc.) is needed to establish the truth.
Finding Independent Experts: Selecting private experts with appropriate licenses and reputations who can prepare an objective conclusion.
Appointing Alternative Expertise: Commissioning expertise in compliance with legal procedures and transferring relevant samples/materials to the expert.
Reviewing State Expertise: Critical analysis of the prosecution''s expert report by an independent specialist to reveal flaws.
Expert Examination in Court: Preparing the expert witness for the trial and questioning them so that the judge and jury understand complex technical details.

Common Situations and Scenarios
Expert witness involvement is critical in cases such as:

Traffic Accidents: Traceological expertise to determine the mechanism and speed of the accident.
Financial Crimes: Audit and accounting expertise in embezzlement or tax evasion cases.
Violent Crimes: Medical and biological expertise to determine the severity of injuries and DNA traces.
Cybercrime: Expertise on computer hardware and digital footprints.

Georgian Legal Framework
The rules for appointing and conducting expertise are regulated by the "Criminal Procedure Code of Georgia". The Code grants parties equal rights to conduct expertise and present the conclusion in court. An expert is obliged to be impartial and objective. Giving a false conclusion or testimony is punishable under Article 370 of the "Criminal Code of Georgia". A defense expert has the same status in court as a prosecution expert, and their testimony carries equal evidentiary weight.

Step-by-Step Process
1. Consultation: The lawyer and client decide that special knowledge is required.
2. Selecting an Expert: A contract is signed with a private expert or bureau.
3. Transfer of Materials: Case files and questions to be answered are handed over to the expert.
4. Preparation of Report: The expert conducts research and writes an official conclusion.
5. Court Presentation: The report is attached to the case, and the expert is questioned as a witness at the hearing.

Why Choose a Specialist on Legal.ge?
A correctly chosen expert can radically change the course of a case. On Legal.ge, you will find lawyers who have access to a database of leading independent experts in various fields. They will help you substantiate your truth with scientific evidence and refute unsubstantiated accusations. Trust the professionals on Legal.ge.