The Monopoly on Requesting of Expert Witness from the Court and Public Prosecutor v. Private Expert Witness from the Defendant
There is no room for the defendants and the victims to request for an expert witness according to the current law which only endowed the court and public prosecutor with the right to request. The monopoly on requesting for an expert witness is extremely inappropriate and harmful to the defendants and the victims of their rights to self-defense and other claims. However, there has been judicial opinions which admit the expert witness requested from the defendants as evidence with the agreement of both parties. If there is a new method of examination which leads to favorable consequences for the defendant, there exist grounds for rehearing after the amendment of rehearing proceeding. Therefore, we should allow private expert witness and admit it as evidence in order to increase debugging mechanisms and endow the defendant with the right to defend by expert witness. Furthermore, we should establish evaluation mechanisms of civil expert witness or institution and completely review related regulations of governmental authentication authority (institution), as we allow private expert witness. For those civil expert witness or institution are incapable of handling, we should leave them to the governmental authentication authority or institution.