The document and status control the next move
An expert supplies specialised findings; the expert does not decide guilt, legal classification or witness credibility.
Was the expert qualified, the question neutral, the material authentic and the method capable of supporting the stated conclusion?
A label used in a call or conversation cannot replace the formal record, the person's status and the legal basis for the action.
Build the procedural record
Appointment decree or defence application, submitted samples, seals, laboratory notes, method, opinion, qualifications and limitations.
Preserve the material, frame answerable questions and consider supplementary or independent examination before testing consumes a sample.
Who can initiate forensic expertise?
Expert examination is appropriate when a fact important to the case requires specialised knowledge in science, technology, medicine, finance, engineering or another expert field. Under Georgian criminal procedure, it is conducted on the initiative of a party: an investigator or prosecutor may order it by decree, and the defence may initiate it by an application.
Investigation or prosecution
An investigator or prosecutor can define the grounds, select a qualified expert or competent expert institution, provide the material and state the questions to be answered.
Defence and client initiative
A client can ask defence counsel to initiate an examination. The defence can identify a suitable expert, formulate questions, submit available material and rely on the resulting opinion in the defence investigation.
Courts and other authorities
A court may resolve compulsory access to an object or sample and later assess admissibility and weight. Other public authorities may commission technical work under their own procedures; its use in a criminal case must still be tested under criminal-evidence rules.
An expert answers specialised factual questions within their competence. Legal classification, witness credibility and the final decision belong to the parties and the court. The questions should therefore be precise, neutral and capable of a scientific or technical answer.
Types of expertise that may be relevant
The appropriate discipline depends on the allegation and the available material. One case may require several experts, and the absence of a sound chain of custody can affect even technically sophisticated work.
Forensic medicine
Cause and mechanism of death, the nature and degree of injury, possible timing, medical records and the relationship between an event and bodily harm.
DNA and forensic biology
Blood, saliva, hair, tissue and other biological material; identity or kinship questions where they are relevant and legally permitted.
Toxicology and chemistry
Alcohol, narcotic or psychotropic substances, poisons, medicines, unknown materials and the composition or concentration of a substance.
Fingerprints and trace evidence
Fingerprints, footwear and tyre impressions, tool marks, contact traces and comparisons between a scene, object and person.
Firearms and ballistics
Weapon operability, bullets and cartridge cases, possible firing distance, trajectory and comparison questions within the limits of the material.
Documents and handwriting
Handwriting or signature comparison, alterations, printing methods, stamps, identity documents, records, contracts and suspected counterfeits.
Digital and computer evidence
Forensic copies of phones or computers, deleted data, logs, metadata, account artefacts, file histories and system timelines.
Audio, video and images
Continuity, editing, metadata, speaker or appearance comparison, and technical enhancement without overstating what an image or recording can establish.
Psychiatric and psychological
Legally framed questions about mental condition, capacity or competence; an expert should not be asked simply to declare a witness truthful.
Financial and valuation
Accounting records, transactions, loss calculations, origin or movement of funds, the nature and value of goods, and other specialist financial questions.
Road-traffic reconstruction
Vehicle condition, collision mechanics, possible speed, braking, visibility, road traces and the technical sequence of a serious accident.
Engineering, fire and safety
Structural or mechanical failure, construction and industrial safety, fire or explosion origin, equipment condition and technical causation.
What a defence request should address
- PurposeIdentify the disputed factual issue and why specialised knowledge is necessary.
- Expert and scopeName the proposed expert or institution, confirm competence and frame neutral questions within that discipline.
- MaterialList the objects, samples, records and comparison material; document origin, seals, transfers and storage.
- Access and preservationIf material is held by the other party, request voluntary transfer or use the applicable court procedure. Special safeguards matter where testing may consume or alter the only sample.
- Method and limitationsRequire the opinion to identify the methods, materials, reasoning, results, qualifications and any limits or uncertainty.
Reviewing or challenging an expert opinion
The defence should examine whether the expert was independent and qualified, received complete and authentic material, used a recognised method, stayed within the assigned questions and explained the reasoning. A contradictory, incomplete or unsupported opinion may justify further questions, another qualified expert, supplementary examination, or an application for a repeat examination depending on the procedural position.
Do not alter a device, open a sealed package, handle biological material or arrange destructive testing without a documented protocol. Where possible, preserve an unused portion so the other party can conduct an independent examination.
Primary sources for this guide
Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.
Criminal Procedure Code of Georgia↗︎Criminal Code of Georgia↗︎Constitution of Georgia↗︎