WHAT IS EXPERT OPINION?
An expert opinion is a written document, consulted by the court or the parties in a case regarding matters requiring technical or specialized knowledge, containing the scientific, technical, or professional assessments of relevant experts in the field. Unlike expert reports in criminal and civil cases, expert opinions may be obtained privately by one of the parties, not the court. The court evaluates this opinion in conjunction with the expert report; it is not binding, but rather supportive. It is frequently used in technical fields such as traffic, medicine, engineering, digital evidence, and financial analysis.
SPECIAL EXPERT REPORT
In legal disputes, issues requiring technical or specialized knowledge can completely change the course of your case. Our Special Expert Report (Expert Opinion) service allows you to present these technical matters to the court in the most understandable way possible.
A special expert report is a scientific and technical report prepared by a qualified professional that supports other evidence you present to the court. It's one of the most effective ways to strengthen your objections to a court-appointed expert report, solidify your own claims, or turn the tide of your case in your favor.
Advantages of Our Service to You:
Strong Legal Ground: You can place your case on a stronger legal ground by supporting it with scientific and technical data.
Supports Your Evidence: Strengthens your claims by ensuring that your existing evidence is correctly understood by the court.
Affects the Court Process: As stated in the Supreme Court decisions, courts consider these reports as important evidence.
Speed and Control: By working with an expert of your choice, you will manage the process faster and have more control over the content of the report.
Various Areas of Expertise: We offer expert support in many areas, from real estate valuation to commercial disputes, from construction law cases to compensation claims.
Leave the technical details of your case to our experts, and we will prepare a concrete and convincing report for you.
Civil Procedure Code Article 293
(1) The parties may obtain a scientific opinion from an expert regarding the incident in question. No additional time may be requested solely for this reason.
(2) The judge may, upon request or ex officio, decide to summon an expert from whom a report was obtained and hear the case. The judge and the parties may ask the necessary questions at the hearing where the expert is summoned.
(3) If the expert does not appear at the hearing to which he/she is summoned without a valid excuse, the report he/she has prepared will not be evaluated by the court.
Criminal Procedure Code No. 5271
Expert Opinion
Article 67 of the Code of Criminal Procedure
(6) The public prosecutor, the defendant, the defendant, the defendant's attorney, the defendant's defense counsel, or the legal representative may obtain a scientific opinion from an expert regarding the incident in question or for consideration in the preparation of an expert report. No additional time may be requested solely for this reason.
REGULATIONS ON REGIONAL CRIMINAL POLICE LABORATORY DIRECTORATES
Expert :
Personnel who have a certificate of expertise in one or more criminal specialization areas, who conduct investigations related to their field of expertise, who supervise the assistant and investigation technician in carrying out the procedures related to their specialization activities, who provide the necessary training, and who can also be assigned to administrative and support departments by the administration when the task requires it,
Izmir Expert Opinion
Istanbul Expert Opinion
Uzman görüşü, mahkeme sürecinde teknik bilgi ve uzmanlık gerektiren konulara açıklık getirmek amacıyla, alanında yetkin kişiler tarafından hazırlanan bilimsel değerlendirme metnidir. Taraflar, bilirkişi dışında bir uzmandan rapor alarak davanın seyrine katkı sağlayabilir. Bu tür mütalaalar, özellikle karmaşık trafik kazaları, tıbbi müdahaleler, dijital deliller, ses ve görüntü incelemeleri gibi teknik alanlarda oldukça değerlidir.
Uzman görüşü, delillerin teknik olarak yorumlanmasını sağlar; olayın oluş şekli, kusur oranları, nedensellik bağı gibi hususlarda bilimsel gerekçelere dayalı açıklamalar sunar. Mahkemeye sunulan bu tür görüşler, hâkimin kanaat oluşturmasına yardımcı olur ve tarafların iddialarını teknik açıdan destekler.
Firmamız, ceza ve hukuk davaları kapsamında adli bilişim, trafik kazası analizi, ses/görüntü incelemesi ve diğer adli teknik alanlarda uzman mütalaası hazırlama hizmeti sunmaktadır.
Uzman kadromuz, her bir dosyayı bağımsız, objektif ve bilimsel yöntemlerle değerlendirerek gerekçeli uzman görüşü raporunu en kısa sürede hazırlar.
Expert Opinion on Supreme Court Decisions
Supreme Court of Appeals 15th Civil Chamber 2016/1513E. 2017/1381 K. 28.03.2017 Date:
"Although the examination in question was not prepared by the court and as a result of the determination of evidence, the report in question has the nature of an expert opinion since the parties may obtain a scientific opinion from an expert regarding the incident in question, in accordance with Article 293/1 of the Civil Procedure Code No. 6100. Although the court is not bound by the expert opinion, it is obliged to evaluate it as evidence."
Supreme Court 15th Civil Chamber 2015/5127 E. 2016/4635 K. 10.11.2016 Date:
The court must take into account and evaluate the expert opinion presented by the party, particularly in matters requiring specialized and technical knowledge, if it is relevant to the case. In this context, if a party objects to the expert report based on the expert opinion, but these objections are not considered by the court or met with a reasoned response, the party relying on the expert opinion may have violated its right to a fair trial, a fundamental element of which is the right to a fair trial, as stipulated in Article 27 of the Civil Procedure Code No. 6100, Article 36 of the Constitution, and Article 6 of the European Convention on Human Rights. The expert opinion submitted to the file contains findings and opinions that contradict the expert report, and the expert report and expert opinion contain significant contradictions. Instead of entrusting the file to a new expert committee in order to eliminate the contradiction between the expert report and the expert opinion, the decision was made without reasoned evaluation and discussion of the expert opinion based on the report that was insufficient and subject to fundamental objections, and this was not correct and required reversal.
Supreme Court of Appeals 6th Criminal Chamber, 2023/19971 E., 2024/6399 K., 21.05.2024 T.
"The decision to render a written verdict without resolving the contradictions between the expert report and the expert opinion and based on the verdict with incomplete and insufficient justifications of the expert report objected to by the participating attorney during the prosecution necessitated reversal, and since the defendant's defense counsel's appeal objections were found to be appropriate in this respect, the verdict is REVERSED in violation of the notification for the reason explained, and the file is sent to the Elazığ 3rd High Criminal Court for re-examination and verdict in accordance with Article 304/2 of Law No. 5271."
Supreme Court 15th Criminal Chamber 2015/12660 E. 2018/8694 K. 28.11.2018 T.
"According to the content of the expert opinion, in a way that contradicts the expert reports that were the basis of the verdict, there is no document stating that the fish fee consisting of 113,008.50 TL, detailed in 15 producer receipts received from the defendant ... İnaç in July 2010, was paid by the company or its partners, and the defendants persistently do not accept the accusation, a report should be obtained from a committee of expert experts in the fields of commercial law, accounting and tax, and after it is determined that there is no receivable/debt relationship that is the basis for the preparation of the bills of exchange that are the subject of the crime, a written verdict should be rendered as a result of incomplete examination and research, without considering the need to determine and evaluate the legal situations of the defendants."
What is the Difference Between an Expert Opinion and an Expert Report?
There are two concepts that are often confused in legal proceedings, but which have different functions and legal qualifications: Expert Report and Expert Opinion. It's important to clarify this distinction so you can fully understand the services we offer at Aslan Kriminal:
Appointing Authority: Appointed by the judicial authority such as the court, prosecutor's office or enforcement office, either ex officio (self-imposed) or upon the request of the parties.
Quality: This is a public duty, and the expert who prepares the report is appointed to be impartial and independent. While not bound by the report, the court generally relies on it.
Purpose: To provide clarification to the authority conducting the trial on a matter requiring technical or special knowledge.
Appointing Authority: It is specifically requested by the parties to a case (plaintiff, defendant, suspect, accused, defense counsel, etc.) to support their own claims or defenses.
Quality: It is considered "party evidence." While not binding on the court, it is a piece of evidence that must be taken into consideration by the court and evaluated in its reasoned decision (HMK Art. 293, CMK Art. 67). Failure to include it in the reasoned decision may be considered a violation of the right to a fair trial.
Purpose: To ensure that the party supports its point of view with scientific and technical data, to present an argument against the court expert report, or to reveal details that the court has overlooked in scientific language.
Payment: The fee is paid directly to the expert by the party requesting the service (citizen or institution).
Appointment and Independence: An expert is selected by the judicial authority and reviews the case impartially, in accordance with the authority's instructions. They are expected to perform their duties independently.
Field of Evidence Evaluation: An expert evaluates the evidence submitted to them within the framework determined by the judicial authority and in accordance with their area of expertise. For example, if a document is alleged to have been forged, the expert examines the document and signatures technically and offers a scientific opinion on whether it is forged.
Nature of the Report: An expert report serves as "supporting evidence" that helps the judiciary evaluate the evidence. The judge is not bound by the expert report, but in practice, these reports are generally given considerable weight. If the judge deems the report insufficient, they may request a supplementary report or appoint a new expert.
Rule of No Legal Evaluation: An expert witness is obligated to offer opinions on technical matters; they are not authorized to make legal assessments or evaluations. For example, they may state that a signature is forged, but they cannot comment on whether it constitutes a "fraud offense."
Appointment Method and Purpose: Unlike a judicially appointed expert, an expert is appointed at the party's own initiative and expense. Their purpose is to interpret the evidence presented or obtained by the party from a scientific and technical perspective in their favor and to present this interpretation to the court.
Area of Evidence Evaluation: The expert evaluates the evidence entered into the case file or presented to the party within the framework determined by the party, based on their area of expertise. They are typically assigned to highlight deficiencies or errors in the court expert's report or to offer a different perspective.
Nature of the Report: An expert opinion is directly considered "party evidence." While not binding on the court, it must be taken into account and evaluated by the court, and a reasoned decision must be provided for it (HMK Article 293/2, CMK Article 67/6-7). If the court fails to consider the expert opinion at all, this may be considered a violation of the right to a reasoned decision and, consequently, the right to a fair trial.
Flexibility and Detail: An expert opinion can be prepared in a more detailed, specific manner, or to emphasize a particular perspective, depending on the needs of the party. It can be more flexible than a court-appointed expert.
Expert Opinion and Your Fundamental Legal Rights: Guarantee of Justice
Every piece of evidence you present in legal proceedings is part of your right to a fair trial. Expert opinions, which play a critical role in clarifying technical and scientific issues, are more than just a report; they are directly related to your fundamental legal rights under the Constitution. With our scientific approach, we contribute to the protection of your rights and provide a strong foundation in your pursuit of justice.
Türk Ceza Yargılamasında Uzman Mütalaası: Yasal Statü, Fonksiyonel Rol ve Yargısal Uygulama Analizi
Uzman mütalaası, bir hukuki uyuşmazlığın teknik veya özel bilgi gerektiren yönleriyle ilgili olarak, alanında yetkin ve deneyimli bir kişi tarafından hazırlanan bilimsel nitelikli bir rapordur. Bu müessese, Türk yargılama sisteminde tarafların iddia ve savunmalarını güçlendirmesi, delil değerlendirme sürecini zenginleştirmesi ve adli makamların vicdani kanaat oluşturmasına yardımcı olması nedeniyle kritik bir rol üstlenmektedir.
