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(1) The judge may order that a new opinion be rendered by the same or by other
experts if he considers the opinion insufficient.
(2) The judge may order that an opinion be rendered by another expert if the first
expert was successfully challenged after rendering his opinion.
(3) In important cases, the opinion of a specialist authority may be obtained.
Section 84
Compensation of experts
Experts shall be compensated pursuant to the Judicial Remuneration and
Compensation Act.
Section 85
Expert witnesses
The provisions concerning evidence by witnesses shall apply where experienced
persons have to be examined to prove past facts or conditions the observation of
which required special professional knowledge.
Section 86
Judicial inspection
If a judicial inspection takes place, the facts as found shall be stated in the record
and such record shall include information regarding any missing traces or signs
whose presence could have been expected given the special nature of the case.
Section 87
Post-mortem, autopsy, exhumation
(1) A post-mortem examination shall be carried out by a member of the public
prosecution office, upon application by the public prosecution office also by the
judge, with a physician being called in as an expert. The physician shall not be
called in if this is evidently unnecessary for the clarification of the facts.
(2) An autopsy shall be performed by two physicians. One of them must be a court
physician or the head of a public forensic or pathology institute or a physician of the
institute entrusted with this task and having specialist knowledge of forensic
medicine. The autopsy is not to be performed by the physician who treated the
deceased person during the illness which directly preceded his death. However, that
physician may be asked to attend the autopsy to give information relating to the
deceased’s medical history. The public prosecution office may attend the autopsy.
Upon application by the public prosecution office, the autopsy shall be carried out in
the judge’s presence.
(3) For the purpose of examination or autopsy, it shall be admissible to exhume a
corpse which has been interred.
(4) The autopsy and exhumation of an interred corpse shall be ordered by the judge;
the public prosecution office shall be authorised to order such action if a delay would
endanger the success of the investigation. Where exhumation is ordered,
notification of a relative of the deceased person shall be ordered at the same time if
the relative can be located without particular difficulty and such notification does not
jeopardise the purpose of the investigation.
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