Basbug stated that experts who are referred to for requiring technical knowledge during the trial had become an important actor in today's judicial system as well as judges. He continued: "Unfortunately, due to the workload on the judiciary and the length of the trial process, experts have become an important part of the judiciary system. In some cases, experts issue reports which are used to facilitate the decision instead of the judge.”

Basbug stated that in judicial proceedings, it is envisaged to apply to experts in matters requiring technical knowledge other than legal information. He said: “In practice, it is common to go to the expert witness on issues requiring legal knowledge. Experts become the vice judge by time and they write down the reports which are almost decisions.”

LAW ON EXPERTS WAS ISSUED

Prof. Dr. Basbug said that the Law of Expertise No. 6754 was enacted on 03.11.2016. He continued: “With this law, the basic principles regarding the qualifications of the expert, the characteristics and the form and basis of the report were determined. In addition to this, the Department of Expertise was established within the General Directorate of Legal Affairs of the Ministry of Justice. The selection, appointment, training and certification of expert are arranged in detail by the law mentioned above, so that the expert practice was aimed to reach the standards that it deserved.”

”EXPERTS DO NOT KNOW HOW TO WRITE A REPORT“

One of the means to raise the standards of expert practice is the training of expert candidates. Prof. Dr. Basbug continued: “Many experts do not know the format a report should be written. They either copy other reports or submit a not standardized report. A learning process continues by trial and error. The experts, who carry out the most important function during the trial process, need to know the form and material aspects of procedural law. In this respect, it is possible to say that universities have a great contribution to the correct and timely processing of justice through expertise certificate programs”.