DISCIPLINARY RESPONSIBILITY OF EXPERTS

Experts are persons who assist the judge for the administration of justice in Türkiye as in the rest of the world. Experts are accepted as public officials in our country in the broadest sense (in the context of criminal law) while they are not public officials in the narrow sense (in the context of administrative law). However, since the experts perform a public duty, the behaviours of the experts contrary to the legislation should also be subject to sanctions. Article 14 of the Expertise Law No. 6754 stipulates that experts are subject to supervision both in terms of their attitudes and behaviours related to their duties and the legality of the reports they prepare. The Regulation on Experts, on the other hand, mainly includes the procedures that require the decision to be taken to remove from the registry and list, and it is regulated that the sanction of warning or temporary removal from the list for up to one year can be applied instead of the sanction of removal from the registry and list, depending on the nature of the violation. In this study, firstly, the circumstances that require the sanction of removal from the registry and list of experts will be explained. Then, it will then be assessed whether this situation is compatible with principles such as the principle of legality in disciplinary offenses and penalties.