1The expert is designated among persons registered in the register kept for this purpose or among those who have special knowledge on a relevant topic. In case where the expertise is declared invalid or a new one is needed to be performed, the proceeding authority shall take measures, where possible, that the new task is entrusted to another expert.
2The ruling of the proceeding authority to appoint an expert shall be served to the defendant or his/her defense lawyer, informing him about his/her right to ask for exclusion of the expert, to propose other experts, to participate in the expert examination, when possible, and to ask present questions to the expert.
3Where the demands and the evaluations appear to be very complex or they require respective knowledge from different fields, the proceeding authority shall assign the accomplishment of the expertise to many experts. In specific instances, where the expertise cannot be provided from the list of experts registered with the court, the proceeding authority shall, after taking the opinion of the parties in advance, assign other, foreign or local, experts, from outside the list.
4The expert shall be obliged to perform the entrusted task, except for the cases where grounds which exclude him from being an expert exists, or when he claims not to be competent or not to be able to carry out the expert examination and his/her request is accepted by the proceeding authority.
EN