In many types of legal proceedings, it is necessary to obtain expert assessments of evidence in order to approve a court decision. This procedure is carried out in various cases, no matter how difficult they may be. Commission forensics has implementation rules that must be followed to obtain an accurate result.
The concept
Commission expertise is used in various fields, and not just in civil and criminal cases. Many administrative violations also require its implementation. Therefore, such a term is in the legislation.
If we consider the general significance, then the procedure is the activity of two or more specialists in the same field. The appointment of a commission examination is established by the court to verify a fact.
Legislation
The basis for the examination may be various factors. The rules for its implementation are spelled out in the norms of the agro-industrial complex of the Russian Federation, the Code of Civil Procedure of the Russian Federation and the Code of Criminal Procedure of the Russian Federation. It depends on the process in which the expert opinion is required.
There is also a law “On State Forensic Activities in the Russian Federation”, which spells out the norms and rules of this work. It is on the law that professionals are guided in the performance of duties. Comprehensive examination has several types according to the order of research, type of tasks, grounds.
In order of execution
According to the time of the study, the examination happens:
- primary;
- repeated;
- additional.
Primary is carried out during the process for the first time. After this, repeated and additional may be prescribed if the study was insufficient. Thanks to them, the shortcomings made during the primary procedure should be eliminated.
By the nature of the tasks
Several types of procedures are distinguished by the nature of the tasks:
- handwriting - the authenticity of the signature on the documents is established;
- accounting - checking the correct accounting and reporting, the validity of calculations;
- psychiatric - checks the legal capacity of a person;
- Commodity research - helps to evaluate the quality of a thing, its price;
- construction and technical - checks the quality of construction work, volume, cost;
- linguistic - the text is checked.
Often, a forensic medical examination is performed to establish a specific fact.
Organizational grounds
Commission examination is appointed when:
- petition of the parties;
- court decision or consent of the parties;
- condition of law, contract.
The initiator of the examination may be a court, as well as any person who filed a petition. In any case, the court will execute the decision.
When is it done?
An examination is carried out when necessary to evaluate various evidence, when this requires special objective knowledge. It is also necessary to establish circumstances that are important for making a decision.
Often, an expert assessment of several specialists is required, allowing to draw the necessary conclusions. Workers must be professionals in their field.
Forensic medical examination procedure
Commission expertise is like everyone else. It is carried out thanks to the norms of the agro-industrial complex, agrarian and industrial complex, the criminal procedure code and depends on the type of business. There are also federal laws for this. Medical commission examination is necessary to establish the fact of a phenomenon related to the life and health of people. To carry out such a study, a court ruling is needed. The procedure is carried out at the request of, based on expert data, a list of questions, sample documents.
Petition
A written or oral request is submitted for the examination. If the second option is chosen, then it is recorded in the minutes of the meeting. A petition is filed at any stage if the case is considered in the first instance.
In the appellate court it is also possible to carry out an expert assessment. Only then is validity required, a good reason. All this is documented.
Drawing up a conclusion
The main feature of the conclusion of the procedure is the formulation of conclusions by specialists. Often, several opinions reflect inconsistency, so it is important to know the assessment of all professionals. For the examination, a group of specialists is selected, as well as their leader. After the work done, the results are recorded in the document.
Difference from integrated
The legislation has a comprehensive and commission examination. They are a type of judicial opinion. They have similar and distinctive features. In both cases, several specialists are involved. They make a conclusion at the end.
The difference between these procedures is the profile of the experts involved. If the work is performed by specialists in the same scientific field, then the examination is a commission. The complex includes several experts with different profiles.
Why is the court required?
In arbitration, civil cases, the expert decision is evidence, therefore it is taken into account in the decision. If there are contradictions, then the court takes into account the opinion of experts and on its basis makes a decision.
Although the conclusion provides objective evidence, because of which there is no doubt, there are still cases where clarity in the development of the case is not introduced. Then the procedure is reappointed to clarify the situation more precisely. Be sure to consider the same materials and documents, only other specialists are involved in the work. To carry out a repeated examination, motives are needed for which it is not considered evidence.
Expert opinion
After the procedure, a document is issued, which is used when considering the case. It includes the date and time of registration. Also fixed are questions for which detailed answers are given. The information should indicate the name of the institution that performed the work.
At the end, the conclusions are written. If technical means are used, then they are attached to the document, for example, photographs, video, a voice recorder. The decision can be positive and negative. The probability is fixed when there are no concrete conclusions.
Often mistakes are made in a document, inconsistency of reality, errors. Specialists should not go beyond the competence and allow the absence of the necessary parameters. There is also a violation of logic, ignorance of the question, which should not be. An expert opinion often allows you to make a decision. But there may be errors, so the court needs to check all the information.