JUDICIAL EXPERTATION – What does it entail? Who's doing it? How much does it cost? And most importantly: What's it for?
GENERALITIES
Judicial expertise – is regulated by OG 2/2000, it is ordered by the prosecution bodies, the courts or other bodies with jurisdictional powers, and is carried out by the expert or specialist appointed by them, in order to clarify some facts or circumstances of the case. The activity of technical expertise may be carried out at your choice by the technical experts, individually or in companies established under Law No. 31/1990, which are intended to carry out technical surveys (Article 5 OG No 2/2000).
The judicial technical expert shall be any natural person who acquires this quality under the terms of OG No 1 of the European Parliament and of the Council. 2/2000 and is entered in the nominal table of judicial technical experts, drawn up, by specialities and by county, respectively by the municipality of Bucharest.
The legitimate question arises: how do judicial experts know how to do the surveys? Who teaches them, who checks them, who prepares them for that specialization?
There are only two possible ways: the expert is based on the knowledge acquired in college and in professional life that is sufficient to achieve the expertise, and the trust is assured by the notoriety acquired over time by the profession in question (e.g. architecture, cadastre, engineering of any kind, etc.), or the expert respects credible rules or standards accessible to both the public and users, and the trust comes from the fact that the expertise underpins those professional rules or standards.
When it comes to Judicial Real Estate Expertise things have evolved a lot in recent years, we consider that the greatest evolution was OG24/2011 which regulates the profession of Authorized Evaluator and imposes the valuation standards in both Real Estate Assessment and Real Estate Judicial Expertise.
Particularities
In this material we refer only to the Real Estate and Related Expertise, i.e. real estate, forestry, topographic and economic, because the real estate partimony must be identified, measured, evaluated and accounted for! The activity of Judicial Expertise that we are discussing is of particular interest to people who are involved in a process that has as its subject one or more real estates!
Real Estate Expertise is a laborious specialized activity that takes place conf OG2/2000 and refers to the Real Estate Assessment and the Technical Expertise of a real estate.
Silvica expertise is a laborious specialized activity that takes place conf OG2/2000 and refers to the entire forestry field, namely land, forest vegetation, and the mass of the wood work or raw.
Topographic expertise is a laborious specialized activity that takes place conf OG2/2000 and refers to cadastral topo works of identification or edification on land situations.
Accounting expertise is a laborious specialized activity that takes place conf OG2/2000 and refers to the financial-accounting field.
If it is "at stake" real estate heritage or chear the freedom of some people due to a real estate heritage and the best lawyer is insufficient, to help the lawyer to do his job as best as possible requires a Judicial Expert or perhaps a Group of Judicial Experts who fully understand the case and give the lawyer all the information he needs to base his statements before the panel. This information is in the form of expertise, studies, specialized papers, drawings, written explanations and verbal consultation.
How much is required by a party expert or a group of experts in a criminal trial? About as necessary a map is for a traveler!
The lawyer has mastered the legislation and procedures but who explains to the lawyer the real situation in the documents so that he understands it perfectly and forwards it forward in such a way as to constitute an advantage? Client? Definitely not! It takes a Topographer to identify the building both in reality and in documents and throughout its route, it takes an appraiser to analyze all aspects that influence value, at different times in time, it may also take an accounting expert to calculate the impact of investments on the firm's liquidity, to explain the route of money in nature Etc... all this makes them a group of experts, this activity if carried out according to the law, professional standards and code of ethics is the undisputed source of relevant information that through a skilled lawyer turns into an enormous power of persuasion, so necessary in court!
Judicial expertise in 2017 must be an activity carried out by professionals, with celemys, permanently in search of the truth through current knowledge and techniques, these are the conventional ones as well as the latest technology, of which we remember: total GPS stations, Drones, Thermal Cameras, Special Information Systems, web platforms, etc.
The Transylvania Expertise House, upon request, provides JUDICIAL EXPERTS with expertise in the fields: IMOBILIAR, SILVIC, TOPOGRAPHIC AND CONTABLE, individually or as a working group under the direction of a Project Manager in order to assist lawyers throughout the process or only for a certain stage.
For any details please write to us at: office@c-e-t.ro
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