How to appeal the expert's opinion? Appealing the expert's conclusions as evidence in criminal or civil proceedings

During the trials of criminal and civil cases very often have to conduct various examinations. It is not necessary to think that the expert's verdict can not be challenged. If you do not agree with his decision, you have the power to challenge him. On how to appeal the expert's conclusion, if you are not satisfied with the results of his work, read on.

Concept and types of expertise

First, it is worth noting that the expertise that may be required in the consideration of one or another case is quite diverse. To establish the truth in certain categories of disputes (administrative, criminal, civil, arbitration, etc.), special knowledge may be required in all kinds of fields of science, art, technology, etc. To prove the necessary facts, the judge very often requires the help of those or Other specialists. Modern opportunities are quite large, therefore hundreds of types of expert opinions are annually assigned in our country.

Here are the most common of them:

- engineering;

- psychiatric;

- autotechnical;

- fire-technical;

- Medical;

- linguistic;

- psychological;

- graphological;

- examination of photographs;

- forensic;

- sound and video recording;

- art criticism;

- accounting;

- physical and chemical;

- Commodity research;

- others.

Problems of expert structures

Public reform processes have led to the fact that, in addition to state bureaux, many "independent" structures have appeared. On the one hand, this is a positive phenomenon, because in this way it is possible to implement the principle of competitiveness in the search for truth. But on the other hand, this creates fertile soil for unscrupulous specialists.

Judicial and expert bodies belong to the system of the Ministry of Justice. At the same time, there are also departmental bodies under the Ministry of Internal Affairs, the customs service, and the security service.

False Examinations

Very often the conclusions of experts depend on the outcome of the case. To falsify the results of the examination by any means, the parties often start using various tricks. But despite the fact that the false conclusion of the expert is a criminal offense, some experts still take such a risk. Therefore, if you have strong doubts about the veracity of the withdrawal, you may well appeal it.

It may also be that the expert came to a definite conclusion not intentionally, but erroneously. Alas, in our country, there is still a practice where diplomas are awarded not for knowledge, but thanks to bribes and connections. Many people think that such a conclusion is an indisputable proof, which is unrealistic to challenge. But this is not so. According to the legislation of the Russian Federation, no evidence in the case can in advance have the established strength. In judicial practice, there are a lot of examples when the principle of independence of an expert was grossly violated, and the facts were laid out in favor of one of the participants in the judicial dispute is completely illegal.

Algorithm of Appeal

The participant in the judicial process (or his representative) has the authority to challenge the results of the examination. How to appeal the expert's opinion? Appeal the results of the examination is necessary through the bureau (body) that originally conducted it, or you can immediately file a protest with the main bureau. The parties are given the opportunity to appeal to the experts on a month from the date of receipt of its results.

In the instance that conducted the examination, an application is filed with the personal signature of the participant in the case or his legal representative. Here are entered such requisites:

- the name of the structure to which the complaint is filed;

- Name of the applicant;

- indication of the motives for why an expert's particular opinion is subject to appeal.

To this application copies of the documents that appear in the case are attached, as well as the copy of the examination itself. If such a paper is filed by a representative of a party in a court case, the power of attorney confirming his authority is additionally attached.

Second phase

The main expert, upon receipt of the application for appealing the results of the examination with the consent of the applicant, should entrust a second analysis to another group of specialists from his office. The decision of the main expert the applicant (or his representative) may appeal. How to appeal the expert's conclusion in this case? For this, the complaint must be submitted to the Federal Bureau within a month.

The Federal Bureau may delegate the authority to conduct an examination to another bureau, but only on the condition that the applicant agrees to do so. If, however, the Federal Bureau reviews the decision of the experts, the time limit for the examination is 30 days.

The third stage

If the party to the dispute does not agree with the conclusion of the Federal Bureau, in this case the evaluation of the expert's opinion will be made only in court. For this, the relevant application is submitted, which states:

- the name of the judicial authority;

- information about the applicant;

- a list of all bodies that were involved in the examination;

- an indication of an expert decision.

Such a paper necessarily indicates the reason why the expert's conclusion causes doubts in the citizen's mind (that is, specific grounds that may indicate the untruthfulness of the expert's conclusion). A legal representative of the applicant can also submit the application. The application should be enclosed with copies of all the examinations made, as well as a decision from the Federal Bureau.

The expert's conclusion in criminal proceedings

The role of an expert in the investigation of criminal cases is one of the key. The detection of many crimes requires the assistance of experts from various fields. The Code of Criminal Procedure of the Russian Federation states that the expert's conclusion can be a study and conclusions on issues that are provided in writing to a specialist by a person who is engaged in the criminal case.

Objects of research can be various documents, material evidence, objects, corpses and their parts, animals and case materials, on which the investigation is conducted.

Judicial expertise can be conducted not only during the judicial investigation or proceedings, but even before the institution of the criminal case. Since the findings of experts play a crucial role in the criminal process, the false opinion of the expert may even lead to the imprisonment of an innocent person. Therefore, for such actions, the specialist also bears criminal responsibility.

Involvement of an expert

If the investigator considers it expedient to involve an expert in the investigation, then a corresponding decision is made about this. If the accused and the suspect must be sent to a forensic or forensic psychiatric examination, the investigator solicits this through the court. In addition, already directly during the trial to file a petition for forensic examination may be one of the parties. The court may, if necessary, decide to conduct such an examination on its own initiative.

It should be noted that the expert's conclusion as evidence in the criminal process is one of the most important aspects. If there are significant doubts about the authenticity of the results, be sure to insist on challenging this data.

If the parties were against the results of the examination, they can present questions to the expert in writing. After each party determines the questions, the court hears the opinion of all the participants on this matter. Having examined the questions from the participants in the case, the court has the power to reject those of them that either do not concern the criminal case or are not within the competence of the expert. Having formulated new questions, the judge again sends them to the expert.

Additional expertise

If the judge reveals any contradictions between the results of the examination and the case materials, he can appoint an additional examination. Repeated withdrawal of specialists will be required if it is found out that a deliberately false opinion of the expert was given.

At the same time, if the uncertainty of the examination can be established by questioning a specialist, the court can do so at a court session.

What is the duty of the investigator to establish?

The investigator, if necessary, can establish through the judicial expertise such facts:

- causes of death and degree of harm;

- the physical and mental condition of the accused or suspect;

- the condition of the victim (mental and physical);

- the age of the accused, the victim, if the documents that would confirm his age are missing or if his age is questionable (in the event that such data are important to the criminal case).

The role of an expert in civil matters

The expert's conclusion in the civil process also plays an important role. This category of cases does not imply a preliminary investigation - here you can apply for an expert examination directly at the court session. According to civil law, examination can be primary and repeated. Repeat is usually appointed if the expert's conclusions do not converge with other reliably known facts in the case. It can also be appointed if in the course of the primary there were violations of procedural norms. For example, in the event that the examination was entrusted to the person interested in the case. Such a conclusion and the expert's testimony may not be true.

If for the establishment of certain facts requires knowledge from various fields of science, then a comprehensive examination is carried out. Usually this kind of research is entrusted to several experts at once. However, if the qualification of a specialist allows you to conduct all the research completely, then he can do it himself. In the civil process often require a variety of examinations (the conclusion of an expert accountant, a medic, an engineer, a commodity expert, etc.).

If, nevertheless, the judge has doubts about the objectivity of the expert, he can issue a resolution on conducting a collective investigation. In the course of such an examination, experts consult each other and draw a general conclusion. If one of them does not agree with the opinion of colleagues, he has the right to give a separate expert opinion in the civil process.

Appointment of the examination on the petition of the parties

Participants in the civil process also have the right to submit to the court questions that they would like to clarify through examination. If the judge decides to reject any of them, then he should motivate it. In addition, the parties in civil cases are vested with such powers:

- to request an examination in a particular institution or with a specific expert;

- read the results of the examination;

- to declare a specialist a challenge;

- familiarize yourself with the court decision on the appointment of an expert examination;

- apply for a second examination.

Conclusion

We figured out how to appeal the expert's conclusion in the criminal and civil proceedings. Remember: the conclusion of a specialist is not the final verdict. If you have significant doubts about his veracity, be sure to appeal such a document. From the correctness of the examination, the outcome of the case very often depends. Therefore, never neglect the opportunity to establish justice.