Eksperto išvada rungtyniskumo principo kontekste

In contemporary criminal legal proceedings of a continental system, alongside other main prin­ciples that govern these proceedings, a strong emphasis is put on an adversary system meant as direc­tives to conduct the proceedings in the form of a dispute of equal parties before the impartial court. An adversary system in court proceedings is considered the only way to satisfy both parties, the prosecu­tor’s and the defendant’s sense of a square deal by enabling them a just fight for a favourable court decision. This principle, however, is subject to some limitations at various stages of the proceedings.The most important ones refer to preparatory proceedings which are practically governed by an inquisitory principle. Examples of these limitations are methods for expert witness appointment and expert evidence execution: both the selection of an expert witness and the scope of an expert opinion, marked out by questions, are beyond the defendant’s control. It seems that the adversary system may be realized by the wide-spread practice of written opinions, expert witness interrogation with a right to ask questions, and the possibility, in non-litigious proceedings, of consulting an opinion presented in proceedings with another expert witness and the presentation of so-called private opinions. The exis­tence of private expert opinions is considered to be the fullest realization of the adversary system,although the problems connected with so-called private expert witnesses arouse much controversy and emotion