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Greece

Civil legal expert examination in Greece

Extract from the final Eurexpertise report

All rights reserved EEEI © 2012

Contributing correspondent
  • Antonios ATHINAIOS, Supreme Court judge

Author

  • Gilbert MOUTHON, Expert

Other administrative order

YES

I. Procedural rules in calling for an expert examination

I. 1) On the initiative of

Judge or litigants

I.2) Mandatory expert examinations

NO

I. 3) Decision-maker

The Judge

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

YES

II. Choice and appointment of the expert(s)

II. 1) Register

Professional

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

YES

II. 5) Nationality

European Union

II. 6) Recusal by the litigant parties

YES

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

YES

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

UNSPECIFIED

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

NO

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?

YES

V. 2) Form imposed on the report

NO

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

YES

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?

NO

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

NO

V. 7) Possibility of a second opinion

YES

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

UNSPECIFIED

VI. 3) Possibility of additional payment

YES

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?

YES

VII. 2) Expert liability

Civil and criminal

VII. 3) Mandatory insurance for the expert

NO

VIII. The expert’s status

VIII. 1) Existence of selection criteria (accreditation)

Knowledge and competence in a particular field.

VIII. 2) Classification of skills

YES

VIII. 3) Required qualifications

NR

VIII. 4) Grant of accreditation

NR

VIII. 5) Possibility of accrediting a legal person

NO

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

NO

VIII. 8) Supervision of the expert’s mission

NO

VIII. 9) Expert’s activity report

NO

VIII. 10) Code of ethics

NO

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

YES

VIII. 13) Laws governing the expert’s status

YES

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

IX. Bibliography

Documents

  • 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