Whether the alleged conduct could constitute false expert report in justice under Art. 307 CP
The court held that the offence was excluded because the file did not show any intent to mislead the civil judge, even by eventual intent.
W. did not send a false expert report to the civil judge; he transmitted a synthesis letter addressed to the parties together with their comments and criticisms. The divergence concerned the object and nature of the expertise, but not a deceptive intention. Since the subjective element was missing, the complaint could not succeed.