Legislative regulation of judicial expertise

Abstract

Abstract :Judicial expertise is of great importance in judicial work as it is the most applied procedure. For example, it is noted that compensation claims brought before the judiciary are often linked to an expertise procedure, as is the case with real estate cases of various types, as it is a means of proof. Therefore, the Iraqi legislator has organized the method of seeking the assistance of experts in the Evidence Law and the Experts Law, but the expert who is sought by the courts has not been highlighted, and his important role in resolving many cases that require technical expertise before issuing a ruling has not been explained. The reasons that lead to the expert’s assignment, therefore, we had to research this in the content of the study, in which we reached several conclusions, the summary of which is that the judge has discretionary power to accept or reject the request to assign the expert. The Iraqi Evidence Law stipulates that the expert’s rejection shall be in the same procedures as the judge’s rejection, and the reasons were not explicitly mentioned, but the majority of jurisprudence and what is practiced in the courts agreed on the inclusion of the text of the reasons and procedures. The Iraqi legislator and the legislators of the countries being compared organized disciplinary penalties, criminal penalties, and tort liability to which the expert who violates or deviates from the course of his work and does not adhere to neutrality between the opponents and others is subject.