Judicial commission expertise: definition, features of the conduct and requirements

In many types of proceedings, it is necessary to obtain expert assessments of evidence in order to approve the judgment. This procedure is carried out in various cases, no matter how complex they are. Commission forensic examination has execution rules, which must be observed in order to obtain an accurate result.

The concept of

Commission expertise is used in various fields, and not only in civil and criminal matters. Many administrative violations also need to be carried out. Therefore such term is in the legislation.

If we consider the general meaning, then the procedure is the activity of two or more specialists in one area. Appointment of commission expertise is established by the court to verify any fact.

Legislation

The basis for carrying out the examination can be various factors. The rules for its implementation are prescribed in the norms of the agrarian and 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. This depends on the process in which an expert opinion is required.

There is also a law "On State Forensic Expert Activities in the Russian Federation," which sets out the rules and rules for this work. It is on the law professionals are guided in the performance of duties. Comprehensive expertise has several types in order of implementation of the study, the type of tasks, the grounds.

In order of execution

By the time of the study, the examination is:

• Primary;
• Repeated;
• Additional.

Primary is performed during the process for the first time. After this, repeated and additional can be prescribed if the study was inadequate. Due to them, the shortcomings in the primary procedure should be rectified.

By the nature of the tasks

There are several types of procedures for the nature of tasks:

• Handwriting - the authenticity of the signature on the documents is established;
• Accounting - verification of proper accounting and reporting, reasonableness of calculations;
• Psychiatric - checks the capacity of a person;
• Merchandising - helps to assess the quality of the thing, its price;
• Construction and technical - checks the quality of construction works, volume, cost;
• Linguistic - the text is checked.

Often a commission forensic examination is performed, which makes it possible to establish a concrete fact.

Organizational grounds

Commission expertise is assigned when:

• The request of the parties;
• A court decision or agreement of the parties;
• Condition of law, contract.

The initiator of the examination may be a court, as well as any person who filed the petition. In any case, the court will execute the decision.

When is it held?

Examination is carried out when it is necessary to evaluate various evidence when special objective knowledge is required for this. It is also necessary to establish the circumstances that are important for making a decision.

It is often necessary to make an expert assessment of several specialists, which makes it possible to draw the necessary conclusions. Workers should be professionals in their field.

The order of performance of forensic medical examination

Commission expertise is similar to everyone else. It is carried out thanks to the norms of the AIC, the CCP, the CCP and depends on the type of case. Also, there are federal laws for this. Medical commission examination is necessary to establish the fact of the phenomenon associated with the life and health of people. To carry out such research, a judicial determination is necessary. The procedure is carried out at the request, on the basis of expert data, of a list of questions, sample documents.

Petition

For the examination, a written or oral petition is submitted. If the second option is chosen, then it is fixed 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 instance, it is also possible to carry out expert evaluation. Only then is validity needed, 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 evaluation of all professionals. To produce expertise, a team of specialists is selected, as well as their supervisor. After the work done, the results are recorded in the document.

The difference from the complex

In the legislation there is a complex and commission examination. They are a form of judicial decisions. They have similar and distinctive features. In both cases, several specialists take part. They conclude at the end.

The difference between these procedures is the profile of the experts taking part. If the work is performed by specialists in one 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, so 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 is objective evidence, because of which there is no doubt, there are still cases when clarity in the development of the case is not brought. Then the procedure is re-assigned to clarify the situation more precisely. The same materials and documents are necessarily considered, only for the work other specialists are involved. To carry out a second examination , motives are needed, according to which it is not considered a proof.

Expert opinion

After the procedure, a document is issued that is used in the proceedings. It includes the date and time of registration. Questions are also recorded, for which detailed answers are given. The information should indicate the name of the institution that carried out the work.

At the end the conclusions are written down. If technical means are used, then they are attached to the document, for example, photos, video shooting, voice recorder. The decision can be positive and negative. The probability is fixed when there are no concrete conclusions.

Often in the document errors are allowed, inconsistency of reality, errors. Experts should not go beyond competence and allow the absence of necessary parameters. There is also a violation of logic, ignorance of the question, which should not be. Expert opinion often allows you to make a decision. But there may be mistakes, so the court needs to check all the information.