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Civil legal expert examination in Greece

Extract from the final Eurexpertise report

All rights reserved EEEI © 2012

Contributing correspondent
  • Antonios ATHINAIOS, Supreme Court judge


  • Gilbert MOUTHON, Expert

Other administrative order


I. Procedural rules in calling for an expert examination

I. 1) On the initiative of

Judge or litigants

I.2) Mandatory expert examinations


I. 3) Decision-maker

The Judge

I.4) Is a pre-trial expert examination possible?


II. Choice and appointment of the expert(s)

II. 1) Register


Mandatory for criminal trials with the litigants allowed to appoint the person they choose.

II. 2) Oath

At each mission

II. 3) Choice of the Expert

By the judge, after consulting the parties

II. 4) Participation by the parties in the appointment process


II. 5) Nationality

European Union

II. 6) Recusal by the litigant parties


II. 7) Expert’s withdrawal (refusal of a mission)


II. 8) Possibility of adding another expert

YEes, but he must be appointed by the Court

II. 9) Possibility of being assisted by a colleague


III. Definition of the expert’s mission

III. 1) Who determines the mission?

The judge

III. 2) Type of mission

Any type of technical question.

IV. Progress of the expert’s mission

IV. 1) Judge supervision


IV. 2) Form of contradictory procedure

Immediate and permanent.

IV. 3) Participation in the hearing

On request

V. Close of the expert examination

V. 1) Does conciliation put an end to the expert’s mission?


V. 2) Form imposed on the report


V. 3) Does the report put an end to the expert’s mission?


V. 4) Is there an imposed structure for the report?

The report must explain the expert’s actions, his opinions on the questions submitted to him, and the facts on which he is basing his opinion.

V. 5) Is a preliminary report mandatory?


V. 6) Is the judge bound by the expert’s conclusions?


V. 7) Possibility of a second opinion


VI. Funding for the expert examination

VI. 1) Security-Payment

Must be paid by the party that called for the expert opinion

VI. 2) Determining the amount of payment due


VI. 3) Possibility of additional payment


VI. 4) Determining fees and costs

By the expert himself with the parties’ agreement. In the event of a disagreement, by the Court before which the Expert may bring the parties that called on his opinion.

VI. 5) Possibility of contesting the fees

Not if they were decided by the judge.

VII. Expert liability within proceedings

VII. 1) Are there any laws governing expert examinations?


VII. 2) Expert liability

Civil and criminal

VII. 3) Mandatory insurance for the expert


VIII. The expert’s status

VIII. 1) Existence of selection criteria (accreditation)

Knowledge and competence in a particular field.

VIII. 2) Classification of skills


VIII. 3) Required qualifications


VIII. 4) Grant of accreditation


VIII. 5) Possibility of accrediting a legal person


VIII. 6) f) Validity period for the accreditation

In practice, there is no limit to the validity period, although the law provides for an annual change of the listed experts on a rotational basis.

VIII. 7) Regular assessment tests


VIII. 8) Supervision of the expert’s mission


VIII. 9) Expert’s activity report


VIII. 10) Code of ethics


VIII. 11) Good practice

Not exactly, the two main rules governing expert examinations are impartiality and competence in a specialised field.

VIII. 12) Possibility of penalties


VIII. 13) Laws governing the expert’s status


Articles 368-392 of the Code of Criminal Procedure and 159-168 of the Code of Administrative Procedure

IX. Bibliography


  • Eurexpertise final report - Greece (pdf 219.7 kb) Download
Institut Européen de l’expertise et de l’expert
Mailing address  : EEEI Jean-Raymond LEMAIRE, 38, rue de Villiers - 92532 Levallois-Perret cedex - France Tel : +33(0)1 41 49 07 60 - Fax : +33(0)1 41 49 02 89