Expert examiners of judicial cases to be forced to testify in court

Disputes often arise from present judicial cases and most of the disputes arise from the judicial cases about transportation, medical treatment and architecture. The cause is that speciality is involved in cases sent for expert opinions and most of the judges usually rely on the outcome of the experts’ examinations to be the judgment basis.  However, the credibility of expert groups is often questioned.

In view of the above-mentioned fact, the Judicial Yuan passed the amended articles concerning new systems for expert examinations made by organizations on July 30, 2002. After the legislation of such articles, the court not only can force an expert examiner to appear in court as witnesses under the aforementioned articles, but also can have the expert examiner to answer interrogations from the court or the defendant in respect of the contents of expert opinions or any questions.

If an expert examiner fails to appear in court without reasons, the court may impose on him a fine of not more than NT$30,000 and there will be no limit to the time for imposing such a fine on the expert examiner.  To force an expert examiner to appear in court may also apply to an investigation hearing held by a prosecutor.

Source: Liberty Times 07/31/2002