Caesar non supra grammaticos: can judges in criminal cases rule on experts’ opinion?

Abstract

The increasing importance of specialised knowledge poses a new challenge to courts: judges can no longer rely on purely legal knowledge. When it comes to the exploration of matters of fact, special expertise also needs to be taken into account. An important question arises, however, concerning how a judge can acquire these necessary information if doubt can be raised concerning the expert’s opinion. The ultimate aim of the procedure of expert’s evidentiary is to maintain the judge’s authority to interpret the expert’s opinion.