Why is an expert opinion necessary? The example most often concerns trials; it is, of course, present there, but its application is not limited to them. The requirements for its implementation and preparation are varied.
The concept of expert opinion
Expertise - a study by specialists in the relevant field in order to find answers to questions that require special knowledge. Affected areas of science, art, technology. The expert opinion - an example can be found in the article - contains the result of research and the conclusions of specialists.
Legislation in this area is quite voluminous. Among the laws include:
- Law on judicial, state expert activity.
- Provisions of the procedural codes on the issues of conducting examinations.
- Other laws and acts.
The latter includes the Town Planning Code, the law on valuation activities, on technical regulation , etc., this difference is due to the fact that each area has its own characteristics.
Generally speaking, an expert opinion is what an expert study or research ends with if the work was carried out in a group.
Forensic examination
It includes the activities of special institutions, not necessarily state ones, which have passed certification. Their activities are provided by trained specialists.
According to the law, first of all, state organizations provide for the needs of law enforcement agencies in criminal cases.
Examinations in civil cases are carried out by them if there is no organization in the region that could conduct a study. Almost everywhere there is some center of independent expertise. All of them, regardless of status, provide paid services.
What is the difference between forensics?
- appointed by the court or investigator or interrogating officer;
- in addition to civil liability, the expert also bears criminal responsibility for refusing to conduct an examination or knowingly providing false results.
An exception is the appointment of an examination by a notary before a decision is made to open a case in court under a lawsuit. It is usually carried out to consolidate evidence (for example, assessing the damage to flooding and establishing its causes), because over time this will become impossible.
The regulation of the conduct of the research differs in the criminal process, here the work of prescribing, posing questions, evaluating lies primarily with the interrogator or investigator. Of course, if necessary, similar actions are carried out by the judges.
Basic regulatory framework
The form of expert opinion is determined by the requirements of the department, for example, the Ministry of Economic Development adopted a number of acts related to the examination of valuation.
Relevant acts are adopted by the Ministry of Justice, the Ministry of Health for organizations that are subordinate to them. Similarly, the Ministry of Internal Affairs operates.
So, before studying the result, you should study the expert opinion, an example from the relevant field and departmental orders.
Judicial practice reflects what judges often pay attention to in a particular case.
Content Requirements
The conclusion is drawn up both on the form and on a regular sheet.
It indicates:
- date, place (city, town);
- full name of the institution;
- events held;
- answers to questions or other conclusions, depending on the requirements of the law;
- signatures, stamps.
Be sure to indicate the position and name of the persons responsible for the conclusion.
Responsibility for dishonest performance of duties is established by law and gives the right to compensation automatically. At the same time, the investigator or judge in the decision refers to the articles in the Criminal Code when ordering a forensic examination. Otherwise, then there is no reason to bring it to criminal liability. The rules apply equally to a government agency and an independent examination center.
How to appeal the examination results
Is expert opinion canceled? An example of this is not one. If we talk about forensic examinations, then its results, their application are appealed together with the whole decision. Despite the fact that it was composed of specialists, the court is not obliged to agree with him.
The parties have the right to point out contradictions with the case file, circumstances, and the judge may order a new study or ignore its findings.
For other types of expertise , a different procedure applies, for example, on issues of urban planning expertise. There is a special document containing:
- complaint requirements;
- algorithm of actions for its consideration;
- grounds for accepting a change or a complete cancellation of the conclusions of the initial conclusion.
In other cases, for example in the issue of assessment, the law allows interested parties to ask the court to declare the results illegal.
Most often, a decision made on the basis of research findings is canceled in court if another expert is involved.