Abstract

The article focuses on comparing the scope of application of Art. 272¹ of the Code of Civil Procedure and Art. 192 § 2 of the Code of Criminal Procedure. The Act of 4 July 2019 amending the Code of Civil Procedure and certain other acts introduced a new institution of hearing a witness in the presence of an expert. The study discusses main issues arising from the regulation of Art. 272¹ CCP, among others: the scope of the hypothesis of Art. 272¹ of the Code of Civil Procedure, the meaning of the optional form of this provision, and implementation of the order regarding participation of an expert in the hearing of a witness under civil proceedings. The article also presents rules of active participation of an expert in case of examination of a party and hearing of a minor.