What Questions May a Legal Practitioner Ask a Forensic Technical Expert?

Abstract

The interaction between legal authorities and technical experts often gives rise to tension, especially in traffic-related criminal cases. In his article “What Can Legal Practitioners Ask Forensic Technical Experts?”, Csaba Pataky draws attention to the frequent practice of law enforcement authorities asking questions that exceed the experts’ technical competence and effectively compel them to take legal positions. The author argues that experts should limit their opinions strictly to scientific and technical facts, refraining from any legal interpretation. Pataky emphasizes that the accuracy and clarity of the questions posed by authorities are essential for reliable expert opinions and warns against vague or suggestive wording. Furthermore, he advocates for the reinstatement of the institution of the reviewing expert, which would restore professional balance between defense and prosecution experts and strengthen the fairness of criminal proceedings.