BERNARD JUDGMENT OF 23 APRIL 1998
7
II. RELEVANT DOMESTIC LAW
A. Appointment of experts
21. The appointment of experts is governed by the following provisions
of the Code of Criminal Procedure:
Article 156
“Where a technical question arises, any investigating judicial authority or court of
trial may, at the request of the prosecuting authorities, or of its own motion, or at the
request of any party, order an expert report.
Where an investigating judge decides not to grant a request for an expert report, he
shall make an order stating his reasons.
Experts shall undertake their assignment under the supervision of the investigating
judge or other judge duly appointed by the court ordering the expert report.”
Article 157
“Experts shall be chosen from the natural or legal persons appearing either in a
national list drawn up by the Council of the Court of Cassation or in one of the lists
drawn up by the Courts of Appeal, with the advice of the principal state prosecutor.
The terms and conditions of inclusion in and removal from these lists shall be
determined by a regulation of the Prime Minister. In exceptional circumstances the
courts may, by means of a decision stating reasons, choose an expert who does not
appear in any of these lists.”
Article 160
“Upon their inclusion in one of the lists referred to in Article 157, experts shall take
an oath, before the Court of Appeal for the district in which they reside or have their
registered office, to assist the courts on their honour and according to their conscience.
They are not required to renew that oath before each assignment.”
Article 168
“Experts shall, if necessary, give evidence in court on the results of their technical
investigations, after swearing to assist the court on their honour and according to their
conscience...”