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(3) As a rule, persons questioned as witnesses shall not be designated as expertwitnesses.(4) Where a special appeal against a ruling denying a request for the exclusion of anexpert witness is allowed (Article 43 paragraph 4), the appeal stays enforcement of theexpert analysis, unless there is a danger of deferrals.Article 117(1) Before an expert analysis is performed, the expert witness shall be called to carefullyexamine the object of the analysis, to state clearly what he has seen and found, and topresent his opinion impartially and in accordance with the rules of science or profession.The expert witness shall be especially cautioned that perjury is a criminal offence.(2) Expert witnesses shall take an oath before testifying. Permanently-assigned expertwitnesses shall only be advised that they are already under their oath.(3) Before the trial expert witnesses may take oaths only before a court, if there exists afear that poor health or other reasons could prevent them from attending the trial. Thereason why the oath was taken at that time shall be noted in the record.(4) The following oath is taken: "I hereby swear that I shall perform my expert analysesin a conscientious and impartial manner and to the best of my knowledge, and that Ishall present my findings and opinions accurately."(5) The authority in charge of the proceedings shall manage the expert analysis, exhibitto the expert witness the objects he will examine, pose questions, and, if required, askfor explanations in connection with the findings and opinions given.(6) Expert witnesses may be provided with clarifications, and also be allowed to examinecase files. Expert witnesses may also propose that evidence be adduced or objects anddata of importance for providing findings and opinions obtained. Where they areattending crime scene inspections, reconstructions or other investigatory actions, expertwitnesses may propose that certain circumstances be clarified and that certain questionsbe put to persons being interrogated or questioned.Article 118(1) Expert witnesses examine the objects of expert analyses in the presence of theauthority in charge of the proceedings and a record-keeper, except where expertanalyses require lengthy research or are performed in institutions or public authorities, orwhere the rules of morality so require.(2) Where an expert analysis requires that a substance be examined, if possible theexpert witness shall be provided by a sample of the substance, and the remainder shallbe retained, if any subsequent analyses prove necessary.Article 119

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