An expert is a person who has special knowledge in a certain field and is appointed in the manner prescribed by law to conduct an examination in court and issue an expert opinion. The latter, in turn, is a written document acting as evidence in a criminal or civil case. In the conclusion, the answers to the questions requested by the court from the expert are prescribed. In general, an expert is a specialist whose opinion is documented and used for its intended purpose.
The composition of the examination
As a rule, an examination consists of two or more parts. The main parts of the examination are introductory, research and final.
Introductory contains general information about the case, its circumstances and the rationale for the appointment of the examination. Also in this paragraph contains the following information:
- The number and name of the examination.
- Information about the body that requested the examination.
- Date of receipt of materials for the examination and signing of the conclusion.
- Expert data, including full name, education, position, etc.
- List of materials received for examination.
- Information about the persons present during the examination.
Sometimes an expert is a person who raises questions on his own initiative. They should also be included in the introductory part of the examination. It also reflects the expert’s participation in the inspection of the scene. An expert is a person who may also participate in other investigative activities. If the examination is carried out additionally or repeatedly, this is also indicated at the beginning of the conclusion. It also reflects all requests for additional materials.
Expert research path
The research part of the expert’s conclusion consists of several stages:
- Preliminary study.
- Detailed study.
- Evaluation of the results.
- Registration of examination materials.
Conclusions are answers to questions posed to the expert. For each of them, a detailed answer or justification for the impossibility of such should be given in the conclusion. Conclusions are considered the main part of the expert opinion. It is the conclusions that make it possible to use the conclusion in court as evidence.
Expert opinion
In conclusion, several groups of information are distinguished, namely:
- Information on the conditions of the examination, including the time, place and participants, as well as the basis for its implementation.
- Materials and objects that have been submitted for examination. The task of a specialist.
- Research methods and scientific provisions on which the examination was conducted.
- Qualities and signs of research objects.
- Conclusions on the fulfillment of research objectives.
One examination - several specialists
The conclusion is drawn up in writing and certified by the signature of an expert. The latter is responsible for his research. If the examination is carried out by several specialists, then, before giving an opinion, they hold a meeting and verify the data obtained. The conclusion is signed only with the unanimous decision of all experts. If consensus is not reached, each of them writes his own conclusion.
A forensic expert is an entity that conducts research, issues opinions on issues raised by the court, investigator, and other bodies of the inquiry process. Denial of the conclusion received from him must be justified. If the opinion received, in the opinion of the court, is not exhaustive, then an additional examination is appointed.
Types of expert opinions
There are several varieties of expert opinions. These include:
1. Negative or categorically positive conclusion. This is the ratio of the identity of the resulting object and sample. A categorically negative conclusion means that the signs and properties of the object and sample under consideration differ and practically do not coincide. A categorically positive conclusion, on the contrary, means the presence of most identical signs in the absence of significant differences.
2. The likely conclusion. As a rule, this conclusion is a consequence of a number of reasons. It cannot serve as evidence and is an expert’s suggestion or version.
3. An alternative conclusion. In this case, the expert provides the court and the investigator with several conclusions that answer the questions posed.
Can a specialist refuse?
Sometimes such a situation is possible when the questions posed to an expert go beyond his competence or incomplete materials are provided to him. In this case, the expert is the one who has the right to reasonably refuse to conduct the study. If the data obtained by the specialist during the examination is not enough for a reasonable conclusion, then he can draw up a conclusion about the impossibility of fulfilling the tasks assigned to him and give a probable conclusion.
Requirements for the conclusion
An examination certificate is drawn up for each sample separately. The expert during the study makes notes in the notebook, then based on them and draws up a conclusion. The conclusion must be drawn up on special forms. If the information received is not placed in the columns of the form, an additional annex to the act is drawn up. The application is further certified, as well as the main conclusion itself. If corrections were made in the act, they must also be noted and certified separately.
The expert report is printed in two copies, one of which is transferred to the customer, and the second remains in storage in the archives of the examination bureau.
The act itself consists of three main parts:
1. Protocol. Contains information on the examination protocol.
2. The ascertaining. Describes the procedure for studying samples, examination methods, as well as the results of studies.
3. Conclusion. A reasoned and reasonable answer to the questions posed to the expert. The conclusion is drawn up as informatively as possible and indicating only objective data. The conclusion should contain comprehensive information so that it is not required to ask the expert additional questions.
An expert is one who signs a conclusion and thereby confirms his responsibility for the information provided in it. If the rules for drawing up a report are not followed, he may be punished in accordance with applicable law. The same applies to unreasonable disagreement on conducting an examination or for providing deliberately false information in a conclusion. The duties of the expert conducting the research include appearing upon request in court, non-disclosure of information obtained during the examination and objectivity of the data.
Who is most in demand?
The most common examinations are those that are requested during an investigation or trial. A forensic expert is someone who deals with issues in their field at this time. However, such specialists are needed in many other areas and areas. By the way, the concept of a technical expert is quite interesting. This is a specialist responsible for mechanics and other areas in car service, and for example, a person specializing in audit or accreditation. We are talking about different professionals.