Recodification of expert law in the Czech Republic since 2021 and its impact on expertise in health care with special regard to forensic medicine

Overview

A new law on experts will be in force in the Czech Republic from 1st January 2021. It is an entirely new law that repeals the old law of 1967, which has already been criticized. The new regulations, of course, bring changes to which experts must respond. The main change is the legal right to appoint an expert after meeting the pre-set conditions. It is essential, it is now possible that of the two equally qualified doctors from the two counties, only one has been appointed. Furthermore, it is the appointment of the only administrative body of the managing expert, which will be the Ministry of Justice. It will be mandatory for a medical examiner to pass an attestation exam and have eight years of experience. The certificate will have to be given by the Czech Medical Chamber. The expert opinion will also be able to be in electronic form. Expert institutes, such as universities, will also have to have natural persons as appointed experts. Experts will have to pass an entrance examination, which will have a general part and a special part. The special part will be professional for each field. Current experts will not have to compose a special part, only a general one. The general exam will be based on knowledge of legal regulations in expertise. The structure of the report will be given precisely and in detail. Expert opinions for private entities will need to be detailed. Liability insurance will be mandatory. Although there were other proposals, the rule for forensic autopsy, which still has to be performed by two experts, remains valid. The law provides for severe sanctions for breaches of various duties of an expert. It may be advantageous to apply for the appointment of an expert by the end of 2020.

Keywords:

forensic medicine – expertise – expert law