An expert is a person who has special knowledge. They attract him for remuneration in order to give a qualified opinion or judgment on a matter being solved or under consideration to persons less competent in this field.
The need for expertise may be required in different categories of disputes. For example, in criminal, administrative, arbitration, civil and other cases. A forensic examination may be carried out by any person who has special information. This concept means knowledge in various fields of science, as well as technology, art, etc. Therefore, in order to prove certain facts, judges often require the help of such specialists.
Usually an expert opinion is not in doubt. But there are situations when doubts about the competence of the candidate under consideration or the correctness of its conclusion take place. Then the question arises: "How to challenge the expert opinion and what is needed for this?"
Types of Expertise
The possibilities of expertise are constantly expanding. The same applies to the quality of this procedure. Hundreds of different types of examinations are appointed annually. What are they like? Conclusion forensic expert may be needed in various fields of knowledge. The most common are the following areas: medical, psychiatric, graphological, engineering, linguistic, merchandising. Expertise is also required in the automotive, forensic, physical-chemical, and fire-technical fields. This may be the study of video and sound recordings, photographs, art history information, etc.
The examination can also be commissioned, that is, carried out by several specialists who practice in the same field. Or it can be complex. This means that it is carried out by several experts with knowledge in various fields of science.
Organizations
In addition to state bodies for conducting various types of examination, there are many independent structures. Their appearance has a positive effect, since the principle of competition is implemented. On the other hand, independent expert bodies may employ unscrupulous specialists. Such employees, not having all the necessary knowledge, can issue a false expert opinion, which subsequently can have a significant impact on the outcome of the case under consideration.
The state ones include forensic authorities, expert bodies under the Ministry of Internal Affairs, the security service, and the customs service.
False expert opinion
Since very often the conclusions of experts influence the final decision of the court, the parties to the case try in every possible way to influence the result. Despite the fact that a deliberately false expert opinion is considered a criminal offense, some experts, pursuing material gain, do so. Therefore, in case of doubt about the veracity of the research results, they can be appealed.
Erroneous conclusion
In addition to a false expert opinion, there is an erroneous decision. It has its own characteristics. It differs from false in that the expert comes to a certain conclusion not intentionally. And this most often occurs due to lack of specialist competence.
How to challenge the expert opinion?
Participant the trial has the right to challenge expert research.To do this, you must contact the body (bureau) that conducted the procedure, or file a protest with the main bureau. A knowingly false expert opinion or an erroneous decision can be appealed by a participant in the process within a month after receiving the results. To appeal the examination, an application is signed by the participant in this case or his representative. The document under consideration shall indicate the surname, name, patronymic of the applicant, reasons for appealing the expert opinion. Copies of documents appearing in the case must be attached to the application. You will also need a copy of the protested research outcome. If a protest in a court case is filed by a representative, then a power of attorney is attached to all of the above documents. After receiving a statement of appeal, the main expert, with the permission of the applicant, is obliged to entrust another expert group from the bureau to conduct a second analysis. If the applicant does not agree with the decision of the chief specialist, then he has the right to appeal it.
The appeal of the decision of the chief specialist
How to challenge the expert opinion? The appeal of the decision of the chief specialist is carried out by filing a complaint with the Federal Bureau within one month. For the purpose of conducting an examination, a federal institution may delegate authority to another institution. But this is done subject to the consent of the applicant. If the Federal Bureau itself is to conduct the examination, the deadline for the procedure is thirty calendar days.
The appeal of the decision of the Federal Bureau
Another way to challenge the expert’s opinion, if the participant does not agree with the Federal Bureau’s conclusion, is to apply to the court to evaluate the results of the research. An application is submitted for this. The following information must be provided in it.
- The name of the judicial authority.
- Applicant details.
- The list of bodies involved in the examination.
- Indication of a specialist decision.
- Reasons for doubt in the expert opinion.
The decision of the Federal Bureau and copies of all production examinations are attached to the application.
Criminal trial
During the investigation of the crime, an expert plays one of the most important roles, since the help of this specialist, who has knowledge in various fields, helps to identify the offender. The Code of Criminal Procedure defines a conclusion as conclusions or a study on issues submitted in writing to an expert by a person involved in the proceedings of a given case.
Various documents, objects, corpses, animals, clothes, etc., that is, the materials of the case under investigation, can be subject to expert research. A forensic examination can be carried out both during the investigation and before the initiation of criminal proceedings. A mistake in conclusion or a false decision can lead to the conviction of an innocent citizen. As a result, he will have to bear criminal responsibility for a crime that he did not commit. It is very serious. That is why the specialist also bears the responsibility defined by law for an incorrect conclusion.
Civil process
What role does the expert opinion play in civil proceedings? Find the answer to this question. The Code of Civil Procedure establishes the procedure for the production and appointment of expertise in civil matters. It also defines the duties and rights of the expert and other participants in the process. In a civil case, an expert opinion is evidence in the present case. It contains information about facts that are of any significance to this process. An examination in a civil case may be appointed in the preparation of materials for a hearing or during a trial. The initiators of the appointment may be both interested parties and the judicial authority. In some situations, an expert opinion is required. Example: forensic psychiatric examination in the case of recognition of a citizen as an incompetent member of society due to dementia or mental illness.
Most often, studies are conducted outside the court. But if the nature of the procedure allows, then it can be carried out in court. The civil proceedings during the appointment of the examination may be suspended.
On civil cases in judicial practice, the following types of expert opinions are found:
- probable conclusion;
- categorical conclusion (negative or positive);
- conclusion about the impossibility to answer the questions posed.
Assessment of expert opinion by court
When assessing the final decision of the expert, the court must make sure that the conclusions made by the expert are scientifically sound. For this reason, it turns out information about whether the expert answered the questions or not. It also matters what scientific methods the specialist used, whether there are any contradictions between the conclusions and the research part, etc. The court evaluates the expert opinion in conjunction with other evidence collected in the case. If the body does not agree with the outcome of the study, then it should motivate it. After which the court has the right to appoint a second examination.
If the conclusion after the research procedure is incomplete or insufficiently clear, then the court has the authority to determine the conduct of the additional research procedure.
