False opinion or false alarm? About the criminal liability of an expert for giving a false opinion

Abstract

This article aims to address the significance of the problem regarding the issuance of false expert opinions in practice. This issue is of great importance and considerably consequential for the public opinion. An expert opinion that is unfavorable to a party often raises suspicions of bribery and manipulation. However, not every litigant’s dissatisfaction necessarily implies a criminal offense. This article highlights the magnitude of the problem of false expert opinions in the Polish justice system and the consequential effects associated with it. In the preparation of the article, a review of domestic and international literature and an analysis of criminal case files on the offence of Article 233 § 4 of the Penal Code were used. The results of the research show that the issue of the crime of issuing a false opinion by an expert has not yet received a comprehensive analysis in the domestic and international literature. The number of criminal cases concerning the issuance of a false opinion by an expert is not significant. Courts usually acquit defendants of this offence which may mean that it is difficult to prove in practice. However, the problem is not as high profile as it presents itself to the public. The results of the research can be used to supplement theoretical considerations of the issue. The results can also be used by practitioners to introduce changes to increase the effectiveness of prosecuting the perpetrators of these crimes or to analyse legislative changes.