The so-called “judicial aid bodies” that, without being career civil servants, provide assistance in different ways to the work of the courts and tribunals. They are not officials of the Administration of Justice, but are “ah hoc” Auxiliaries appointed by competent authority (Judge/Magistrate or Administration) who must perform a public function according to the position conferred.

The body of forensic doctors (Institutes of Forensic Medicine), the National Institute of Toxicology and Forensic Sciences, the judicial police and others are also judicial assistance bodies, all of which are governed by special laws and regulations (art. 470 to 480, LOPJ).

An expert opinion makes it possible to bring to the attention of the judge factual data that can be apprehended only or, at least, predominantly, by someone who is versed or trained in a specific branch of knowledge, be it scientific, artistic, technical, or in a specific practice.

When issuing the opinion, it is common for the lawyer, the client or the court itself to demand the provisions of 335.2 of the LEC.

This oath or promise will be repeated at the beginning of your statement.

Contenido

Un experto judicial o testigo experto, es un profesional calificado en un determinado dominio o especialidad diferente del propio Derecho, y que difícilmente puede ser considerado como un auxiliar de justicia") (en francés auxiliaire de justice), en la medida que su colaboración con la estructura justicial no es requerida de una manera continua o regular. La "Corte de casación" (en francés Cour de cassation) desde el año 2009 lo califica de "colaborador ocasional del juez", y por su parte el "Consejo de Estado" (en francés Conseil d'Etat) desde 1971 lo califica de "colaborador ocasional de servicio público de la justicia" (en el marco de misiones que le son confiadas por las diferentes jurisdicciones francesas).[1]​[2]​[3]​.

En Francia, un experto judicial para poder actuar como tal, debe estar previamente inscrito en un registro de expertos en un Tribunal de apelación (en francés Cour d'appel). Generalmente es un profesional considerado muy competente en su especialidad, y que puede ser llamado por un juez, en el marco de un asunto judicial, para dar su opinión respecto de determinadas cuestiones técnicas.

El experto siempre es convocado a través de un acta escrita del juez, y su intervención debe dar lugar a un informe escrito, el cual es comunicado a todas las partes, y cuyas conclusiones no son vinculantes para el juez.

List of court-approved experts

In criminal cases, it is the investigating judge[4]​ who makes the decision to call an expert, a measure that can be ordered ex officio or at the request of one of the parties. And when the decision is made, the expert's mission must be well established. In complex cases, several experts may be appointed in the same judicial matter.

The magistrates have at their disposal the list of persons (natural or legal), established in each Court of Appeal, which lists the available people with their different professions. To appear on this list, it is necessary that the person be particularly qualified in a well-defined profession, and that they have also applied their candidacy before a public prosecutor&action=edit&redlink=1 "Procurator of the Republic (France) (not yet drafted)") in the Court of highest instance of their place of work (or of their home if they are retired). If accepted, you can say that you have the title of "expert before the Court of Appeals of X." In any case, the judge is not always obliged to choose an expert from that list, since among other things all specialties are not represented there.

The first registration on a court list is only valid for a trial period of three years, and for this procedure, the commission must not give reasons for the acceptance or rejection of a candidate. Subsequently, the expert will be obliged to present, at the end of the trial period or every five years, a renewal of candidacy, in order to have more elements to decide on the request for re-registration.

There is also a national list of judicial experts, managed by the Court of Cassation, and whose title in French is "Experts agréé par la Cour de cassation".

The age limit to appear on a list of experts is 70 years, although if in that circumstance the expert had missions in progress, he could continue with them until they were completed. After the aforementioned age limit, the expert would be definitively and de facto radiated, although in certain circumstances he or she could be authorized to carry out some type of function on an honorary basis.

Oath

The judicial expert must take the oath only once and before his first mission, whether or not he is registered on one of the aforementioned lists.

The expert's oath before a Court of Appeal is as follows:

Development of a judicial expert opinion

A professional is considered to be a judicial expert for the entire duration of the mission entrusted to him by a magistrate. The expert will not have the opportunity to hear the parties, unless the investigating judge expressly authorizes it.

The expert must be independent of the parties in the cases in which he intervenes. Thus, it is generally considered that the mission of a judicial expert is incompatible with cases in which insurance companies participate, if the expert works or worked for a company of this type.

Judicial experts can be grouped within associations of law 1901"), although they will not have the status of a professional order or professional membership.

The investigating judge must verify at all times that the process is carried out correctly. Article 161 paragraph 2 of the criminal procedure code specifies that the investigating judge can replace the expert. At the end of the expert opinion, the expert writes and presents a report, which he submits to all parties. This report can guide the judge's solution. The law of March 5, 2007 on the prevention of crime has reinforced respect for the principle of contradiction, with a phased system for experts that can last more than a year; In principle, the expert submits a provisional report to the parties, which allows him to take into account the statements of the parties in a final report (this is established in article 167-2 of the criminal procedure code).[6]​.

The criminological expert is a Criminology professional who intervenes in the judicial process when technical or scientific knowledge about the crime, the offender or the victim is required that exceeds the legal scope of the judge. Its function is to provide an empirical, interdisciplinary and scientifically based assessment of aspects relevant to the determination of criminal responsibility, the individualization of the penalty, the application of security measures or the understanding of the victim's behavior.[7]​.

In accordance with articles 456 to 458 of the Spanish Criminal Procedure Law, experts can be appointed by the judge or by the parties. The law distinguishes between tenured experts, who have an official title in the corresponding science or art, and non-tenured experts, who without possessing it accredit special knowledge or practice in the subject, although preference is given to the former.[8]​.

The criminologist expert is subject to the duty of professional secrecy, protected by article 199 of the Penal Code, with respect to confidential data obtained in the exercise of his work. When he intervenes as a designated judicial expert, he must inform the person evaluated of his role and the purpose of the report, acting under the principles of objectivity and confidentiality.[9]​.

The criminological report is a technical document prepared by the criminologist in which the results of his expert analysis are presented in accordance with the principles and methods of Criminology. Its objective is to offer the judge scientific information on relevant facts, circumstances or personal conditions in a criminal process or in other extrajudicial settings, facilitating the understanding of complex issues from an interdisciplinary perspective.[10]​.

The structure of the criminological report usually includes:[7]​.

The report can be issued in different phases of the criminal process - investigation, trial, execution or prison environment - and also in extrajudicial contexts, such as crime prevention or urban planning. In the judicial field, it is integrated into the expert evidence and is evaluated in accordance with the principle of free evaluation of the evidence:[11]​ the judge is not bound by his conclusions, although he must give reasoned reasons for his acceptance or rejection.

The Supreme Court, in the Sentence of the Supreme Court of Spain 436/2013, of May 17, recognized the technical nature of Criminology and the validity of the criminological report as a means of proof, emphasizing that its function is to "enrich the judge's weighing capacity, offering him scientific knowledge that he lacks", without replacing his jurisdictional work of evidentiary assessment.[12]​.

The so-called “judicial aid bodies” that, without being career civil servants, provide assistance in different ways to the work of the courts and tribunals. They are not officials of the Administration of Justice, but are “ah hoc” Auxiliaries appointed by competent authority (Judge/Magistrate or Administration) who must perform a public function according to the position conferred.

The body of forensic doctors (Institutes of Forensic Medicine), the National Institute of Toxicology and Forensic Sciences, the judicial police and others are also judicial assistance bodies, all of which are governed by special laws and regulations (art. 470 to 480, LOPJ).

An expert opinion makes it possible to bring to the attention of the judge factual data that can be apprehended only or, at least, predominantly, by someone who is versed or trained in a specific branch of knowledge, be it scientific, artistic, technical, or in a specific practice.

When issuing the opinion, it is common for the lawyer, the client or the court itself to demand the provisions of 335.2 of the LEC.

This oath or promise will be repeated at the beginning of your statement.

Contenido

Un experto judicial o testigo experto, es un profesional calificado en un determinado dominio o especialidad diferente del propio Derecho, y que difícilmente puede ser considerado como un auxiliar de justicia") (en francés auxiliaire de justice), en la medida que su colaboración con la estructura justicial no es requerida de una manera continua o regular. La "Corte de casación" (en francés Cour de cassation) desde el año 2009 lo califica de "colaborador ocasional del juez", y por su parte el "Consejo de Estado" (en francés Conseil d'Etat) desde 1971 lo califica de "colaborador ocasional de servicio público de la justicia" (en el marco de misiones que le son confiadas por las diferentes jurisdicciones francesas).[1]​[2]​[3]​.

En Francia, un experto judicial para poder actuar como tal, debe estar previamente inscrito en un registro de expertos en un Tribunal de apelación (en francés Cour d'appel). Generalmente es un profesional considerado muy competente en su especialidad, y que puede ser llamado por un juez, en el marco de un asunto judicial, para dar su opinión respecto de determinadas cuestiones técnicas.

El experto siempre es convocado a través de un acta escrita del juez, y su intervención debe dar lugar a un informe escrito, el cual es comunicado a todas las partes, y cuyas conclusiones no son vinculantes para el juez.

List of court-approved experts

In criminal cases, it is the investigating judge[4]​ who makes the decision to call an expert, a measure that can be ordered ex officio or at the request of one of the parties. And when the decision is made, the expert's mission must be well established. In complex cases, several experts may be appointed in the same judicial matter.

The magistrates have at their disposal the list of persons (natural or legal), established in each Court of Appeal, which lists the available people with their different professions. To appear on this list, it is necessary that the person be particularly qualified in a well-defined profession, and that they have also applied their candidacy before a public prosecutor&action=edit&redlink=1 "Procurator of the Republic (France) (not yet drafted)") in the Court of highest instance of their place of work (or of their home if they are retired). If accepted, you can say that you have the title of "expert before the Court of Appeals of X." In any case, the judge is not always obliged to choose an expert from that list, since among other things all specialties are not represented there.

The first registration on a court list is only valid for a trial period of three years, and for this procedure, the commission must not give reasons for the acceptance or rejection of a candidate. Subsequently, the expert will be obliged to present, at the end of the trial period or every five years, a renewal of candidacy, in order to have more elements to decide on the request for re-registration.

There is also a national list of judicial experts, managed by the Court of Cassation, and whose title in French is "Experts agréé par la Cour de cassation".

The age limit to appear on a list of experts is 70 years, although if in that circumstance the expert had missions in progress, he could continue with them until they were completed. After the aforementioned age limit, the expert would be definitively and de facto radiated, although in certain circumstances he or she could be authorized to carry out some type of function on an honorary basis.

Oath

The judicial expert must take the oath only once and before his first mission, whether or not he is registered on one of the aforementioned lists.

The expert's oath before a Court of Appeal is as follows:

Development of a judicial expert opinion

A professional is considered to be a judicial expert for the entire duration of the mission entrusted to him by a magistrate. The expert will not have the opportunity to hear the parties, unless the investigating judge expressly authorizes it.

The expert must be independent of the parties in the cases in which he intervenes. Thus, it is generally considered that the mission of a judicial expert is incompatible with cases in which insurance companies participate, if the expert works or worked for a company of this type.

Judicial experts can be grouped within associations of law 1901"), although they will not have the status of a professional order or professional membership.

The investigating judge must verify at all times that the process is carried out correctly. Article 161 paragraph 2 of the criminal procedure code specifies that the investigating judge can replace the expert. At the end of the expert opinion, the expert writes and presents a report, which he submits to all parties. This report can guide the judge's solution. The law of March 5, 2007 on the prevention of crime has reinforced respect for the principle of contradiction, with a phased system for experts that can last more than a year; In principle, the expert submits a provisional report to the parties, which allows him to take into account the statements of the parties in a final report (this is established in article 167-2 of the criminal procedure code).[6]​.

The criminological expert is a Criminology professional who intervenes in the judicial process when technical or scientific knowledge about the crime, the offender or the victim is required that exceeds the legal scope of the judge. Its function is to provide an empirical, interdisciplinary and scientifically based assessment of aspects relevant to the determination of criminal responsibility, the individualization of the penalty, the application of security measures or the understanding of the victim's behavior.[7]​.

In accordance with articles 456 to 458 of the Spanish Criminal Procedure Law, experts can be appointed by the judge or by the parties. The law distinguishes between tenured experts, who have an official title in the corresponding science or art, and non-tenured experts, who without possessing it accredit special knowledge or practice in the subject, although preference is given to the former.[8]​.

The criminologist expert is subject to the duty of professional secrecy, protected by article 199 of the Penal Code, with respect to confidential data obtained in the exercise of his work. When he intervenes as a designated judicial expert, he must inform the person evaluated of his role and the purpose of the report, acting under the principles of objectivity and confidentiality.[9]​.

The criminological report is a technical document prepared by the criminologist in which the results of his expert analysis are presented in accordance with the principles and methods of Criminology. Its objective is to offer the judge scientific information on relevant facts, circumstances or personal conditions in a criminal process or in other extrajudicial settings, facilitating the understanding of complex issues from an interdisciplinary perspective.[10]​.

The structure of the criminological report usually includes:[7]​.

The report can be issued in different phases of the criminal process - investigation, trial, execution or prison environment - and also in extrajudicial contexts, such as crime prevention or urban planning. In the judicial field, it is integrated into the expert evidence and is evaluated in accordance with the principle of free evaluation of the evidence:[11]​ the judge is not bound by his conclusions, although he must give reasoned reasons for his acceptance or rejection.

The Supreme Court, in the Sentence of the Supreme Court of Spain 436/2013, of May 17, recognized the technical nature of Criminology and the validity of the criminological report as a means of proof, emphasizing that its function is to "enrich the judge's weighing capacity, offering him scientific knowledge that he lacks", without replacing his jurisdictional work of evidentiary assessment.[12]​.