Assisting the fact finding process

An expert is a person who, by education, training, knowledge, or experience has gained a special skill, ability, or knowledge in a field and who is, by virtue of that status, permitted to offer opinion testimony. The role of expert witnesses in Turkish law is to give explanations of difficult or technical topics in civil and criminal trials in order to assist the fact finding process.

We Provide expert opinion services to assist legal firms, individial lawyers and companies seeking guidance or support for arguments in court, or for organisations seeking support with dispute resolution issues. 

Expert testimony

Our academics specialise in a range of traditional and niche fields and provide frank and independent advice based on research and practical experience. Biçak Law is fast achieving a reputation as an applied research academics and we are proud to provide experts who are recognised nationally and internationally as leaders in their disciplines.

Our experts have previously provided expert testimony in a range of applied fields. If your organisation is involved in a dispute or requires independent expert testimony, the provision of advice from an access Bıçak Law expert can assist in contesting your case. Clients can be confident that the expert testimony they require will be supported by academic rigour and provided by a specialist with a proven track record in the relevant field.

Expert Opinion in Criminal Matter

Turkish Criminal Procedure Code, which has been enacted in 2004 and is in force since June,1’st 2005, Article 67(6) provides that “the public prosecutor, the intervening party, his representative, the suspect or the accused, his defense counsel or the legal representative may ask an expert of that field to produce a scientific (academic) opinion which they shall utilize to evaluate thesubject matter of the trial or to use it while preparing a written expert opinion or to evaluate the written opinion of the experts. They are not entitled to ask for additional time for this purpose”.

Additionally, TCPC Article 68(3) provides that “about the hearing of the expert during the main trial who has prepared a scientific opinion upon the motion of the public prosecutor, intervening party, his representative, suspect or the accused, his defense counsel or legal representative, the rules of the rendering an oral opinion during the main hearing by the expert shall apply”.

Expert Opinion in Civil Matter

Submitting expert opinion to the civil cases is also introduced to the legislation in 2011 by the article 293 of the Civil Procedure Code.

The regulation on expert’s opinion was inspired by and refers to the Anglo-Saxon based institution called “partisan expert” in which the experts are appointed by the parties and the trial is conducted based on the private experts.

Right to fair trial

Opinion of expert’s report can be issued on the legal issues of the case as well as on the issues that require technical knowledge. The courts may disregard experts’ opinion. However, courts must evaluate the expert’s opinion and, should they rule on the contrary to the opinion, they need to state their grounds for the contrary decision and rebut the opinion via the expert reports appointed by the court. Otherwise it would violate the fundamental right to be heard by the court and therefore violate the right to fair trial. Expert opinion would create a rich environment for knowledge, increase the quality of the trial and serve the issuing of the most accurate judgment.