HMK Art. 293 governs parties obtaining a scientific opinion from a specialist on the event in dispute. This provision is an extension of the right to a fair trial and allows parties to submit opinions that assist the court on technical matters.
What is HMK 293?
Art. 293 of HMK No. 6100 reads as follows:
"The parties may obtain a scientific opinion from a specialist on the event in dispute. The court must take this opinion into account in its assessment and state its reasoning."
This provision grants parties the right to obtain an opinion from a specialist of their own choosing. A specialist opinion constitutes evidence submitted to the court, and the court must assess it and state its reasoning.
Legal Basis
Art. 293 of HMK No. 6100, Art. 36 of the Constitution (right to a fair trial), Art. 6 of the ECHR (right to a fair trial) and ECtHR case law.
Scope of application
Matters on which a specialist opinion may be obtained under HMK 293:
- Actuarial calculations: Compensation, loss of support, incapacity.
- Vehicle depreciation: Analysis of a vehicle's depreciation after an accident.
- Labor claims: Calculation of severance pay, notice pay and overtime.
- Workplace accident analyses: Fault rate, disability, İPSD offset.
- Engineering and technical matters: Structural damage, machine failure, quality analysis.
- Medical matters: Degree of disability, permanent incapacity.
- Financial matters: Company valuation, loss calculation, loss of profit.
The court's obligation
Under HMK Art. 293, the court has two obligations regarding a specialist opinion submitted by one of the parties:
- Taking it into account: It must read and assess the specialist opinion.
- Stating reasons: It must give reasons why it accepted or did not accept the specialist opinion.
Otherwise, the decision is deemed unreasoned and may be reversed at the appeal on points of law/appeal stage. This is a requirement of the parties' right to a fair trial.
Attention
A specialist opinion is not binding; the judge exercises discretion. However, the judge may not disregard the specialist opinion without stating the reasoning.
Constitutional and ECtHR safeguards
The right to obtain a specialist opinion is safeguarded not only by the HMK but also by higher legal instruments:
- Constitution Art. 36: The right to a fair trial covers the right to make claims and to defend oneself.
- ECHR Art. 6: The right to a fair trial requires the principle of equality of arms.
- ECtHR case law: The parties' right to submit opinions on technical matters is a requirement of a fair trial (Bönisch v. Austria, 1985).
In light of these provisions, obtaining a specialist opinion is not only a right but also part of the right to a fair trial. Particularly on technical matters, parties submitting the opinions of their own specialists helps the court reach the correct decision.
Sample use
The example below shows how an HMK 293 specialist opinion is used in a labor claims case:
In this example, the plaintiff obtained a specialist opinion under HMK 293 to identify calculation errors in the expert report, and the court reached its decision taking this opinion into account.
Requesting an HMK 293 specialist opinion
Obtain a signed opinion for your case file from an expert specialized in the field.
Request a specialist opinionFrequently asked questions about HMK 293
What is HMK 293?
Under HMK Art. 293, parties may obtain a scientific opinion from a specialist on the event in dispute. The court must take this opinion into account and state its reasoning.
Is it mandatory to obtain a specialist opinion?
No, obtaining a specialist opinion is not mandatory for the parties. However, it is an important tool for assisting the court on technical matters and for reviewing the expert report.
Must the court take the specialist opinion into account?
Yes. Under HMK Art. 293, the court must assess the specialist opinion and state its reasoning. Otherwise, the decision is deemed unreasoned.
In which cases is a specialist opinion obtained?
It is obtained in particular in cases requiring technical and special knowledge. It is widely used on matters such as compensation calculations, actuarial matters, vehicle depreciation and labor claims.
Who prepares the specialist opinion?
The specialist opinion is prepared by experts specialized in their field. At Tazminat.com, these experts have experience serving as experts before the courts and hold the relevant certificates.