ABSTRACT
This chapter provides an overview on the use of experts in inquisitorial justice systems, exemplified by the Austrian model. It explains the Austrian pre-trial and trial phase as an example of an inquisitorial prosecution system. While many inquisitorial systems use an ‘investigative judge’ as the decision maker in the pre-trial proceedings, Austrian law has abolished this institution in 2008 in favour of a strong prosecutor. The trial judge is free to commission the ‘pre-trial’ expert, the expert who has already been assigned by the prosecutor in the pre-trial phase. The chapter addresses the role of the expert, the selection process, qualifications and challenges. The selection process differs greatly from the common law legal systems, including those in England and Scotland. Apart from competence and qualification, prosecutors and judges are required to apply the principles of austerity, economic efficiency and practicability to the selection process.
