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(1) Expert analyses shall be ordered by the issuance of a written order by the authorityconducting the proceedings. The order shall specify the facts in connection with whichthe expert analysis is being performed and to whom it is being entrusted. The order shallalso be served to the parties.(2) Where there exists a professional institution competent for performing a certain typeof expert analysis, or where expert analyses may be performed within a public authority,such expert analyses, especially where they are of a complex nature, shall as a rule beentrusted to such institutions or authorities. The institution or public authority shalldesignate one or more of its experts to perform the analysis.(3) Where expert witnesses are designated by the authority in charge of theproceedings, as a rule that authority shall designate one expert witness, and where theexpert analysis is of a complex nature - two or more expert witnesses.(4) Where there exist permanent court-appointed expert witnesses for certain types ofexpert analyses, other expert witnesses may only be assigned where there exists adanger of deferrals, or where the permanent expert witnesses are unavoidably detained,or where other circumstances so demand.Article 115(1) Persons called in as expert witnesses shall respond to the summons and providetheir findings and opinions within the time limits specified in the orders. At the request ofan expert witness citing justifiable grounds, the time limit specified in the order may beextended.(2) Where expert witnesses duly called in fail to justify their absence, or refuse to provideexpert testimony, or fail to provide findings and opinions within the time limit specified inthe order, may be punished with a fine of up to 100,000 RSD, which fine can be up to500,000 RSD in the case of professional institutions. In the case of an unjustifiableabsence, expert witnesses may also be brought in forcibly.(3) Rulings on appeals against the order on the fine shall be rendered by a chamber(Article 24 paragraph 6).Article 116(1) Persons who cannot be questioned as witnesses (Article 97) may not be designatedas expert witnesses. Persons relieved of the duty of giving testimony (Article 98) and theperson against whom the criminal offence was committed may also not be designated asexpert witnesses, and where one has been designated, the court’s judgement cannot befounded on his findings and opinion.(2) A reason for excluding an expert witness (Article 45) also exists in respect of aperson employed by an aggrieved party or accused person, or is together with them orsome of them engaged with another employer.

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