Judicial Expert Law

Original Language Title: Tiesu ekspertu likums

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/42.1


The Saeima has adopted and the President promulgated the following laws: the law of judicial experts in chapter I. General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) judicial expertise, object or material science and practical research, carried out by the court expert, using a validly registered method to answer the examination questions was, giving valid conclusions; 2) court expert: a person who has special knowledge and experience in a scientific, technical, artistic or craft industry and in accordance with the procedure laid down in this Act is received by the court expert's certificate; 3) judicial expert opinion: a document in which the court expert, based on the results of the study, according to their competence provide reasoned answers to examination questions was; 4) court expert specialty — forensic field, which is a common research subject, like the research objects and methods. 2. article. The purpose of the law the purpose of the Law is to regulate the professional activities of judicial experts to the country to ensure impartial, legal and scientific expertise of the courts. 3. article. The right to judicial expertise (1) judicial expertise in the Republic of Latvia within its competence, shall be entitled to make: 1) national experts; 2) private judicial experts. (2) expertise can make the other person with the appropriate expertise: 1) if inspection required in areas that do not have the first part of this article 1 and experts referred to in paragraph 2; 2) when you need to perform repeated inspection and the first part of this article 1 and 2 of the Court referred to the Court of experts expert specialty is already completed the inspection; 3) if the first part of this article 1 and 2 of the Court referred to the experts cannot take the expertise required expertise, or due to lack of equipment; 4) if the first part of this article 1 and 2 of the Court referred to the expertise of experts cannot be carried out due to the potential conflict of interest; 5) country-wide in the case of disaster or terrorist act. 4. article. Court Register of experts (1) a court expert register is a public register that contains information about the certified judicial expert who runs the country. (2) the Court Register of experts should include the following information: 1) court expert's name and surname; 2) specialty in which the expert the Court granted rights to perform judicial expertise; 3) judicial expert site; 4) court expert certificate number and date of issue; 5) court expert certificate validity period; 6), if a decision of court expert certificate suspension; 7) other references that attest to the competence of the judicial expert. (3) the Court Registry shall consist of experts from the Court, the Council of experts. (4) the court expert registry and any amendments shall be published on the internet website of the administration of Justice. 5. article. Judicial inspection methods and their register (1) the judicial inspection method is a systematic method and set of processes by which a court expert shall perform inspection of object submitted research and provides answers to the questions asked. (2) a description of the method of judicial expertise includes the method name, number, date of establishment, the version number, scope, definitions, risk factors, a description of the work, results, interpretation, safety requirements, quality assurance measures, used literature sources, information on reagents, equipment and accessories, if any. (3) the judicial inspection to prepare before they use the method body, the national judicial expert, submitted for registration in the Court of the Council of experts, but private experts, the court approval and registration of judicial expert Council. (4) the medical inspection, inspection of the judicial psychiatric and addiction expertise to be used in the judicial inspection methods are recorded on the basis of the regulations set out in the decision of the competent authority for the approval of the medical technology. (5) the Court examiner's register consists of the methods of the Expert Council of the Court. (6) a description of the method of judicial expertise is limited by the availability of information. Judicial expert Council at the written request of the person and after consulting the authority, the national judicial expert, or with a private court experts ensure the person concerned an opportunity to get acquainted with the registered judicial inspection method. (7) the Court specified in the method of inspection equipment and instrument calibration and verification of regular authority, the national judicial expert, or the private court expert. Chapter II. Expert certificate Court assignment article 6. Judicial experts (1) a candidate for a judicial expert candidates (hereinafter applicant) may be a natural person: 1) which acquired the speciality selected relevant accredited study programmes in the University (academic courses or second level higher professional study programmes); 2) which acquired a judicial expert professional knowledge and experience: a) the forensic institution or judicial expert supervision, learning the training program in the appropriate specialty, the judicial expert and two years after the judicial authorities or the Court examiner's expert issued a receipt of the candidate's training programme learning acquisition has submitted the application for certification, b) certificate in getting treatment for the medical examiner's substantive field or court psychiatric expert apakšspecialitāt; 3) which State a language at the highest level; 4) which has a flawless reputation. (2) as a candidate for the Court of psychological expertise in specialty can be a natural person, which in addition to the first part of this article the requirements possessed master's degrees in the field of accredited courses in universities and at least five years made the professional psychologist specialty. (3) the applicant may not be a person: 1) which is the accused or the suspect in criminal matters for an intentional criminal offence; 2) which is penalized for intentional criminal offence (regardless of delete or remove a criminal record); 3) is convicted of an intentional criminal offence, but of parole released due to statute of limitations, amnesty or pardon; 4) against which the Statute of limitations or amnesty has ended the criminal procedure for intentionally committed criminal offence; 5) which called the criminally, but against whom criminal proceedings are terminated on a reabilitējoš basis; 6) which, on the basis of the decision of the disciplinary court, deprived of rights, where experts from the disciplinary decision taken on the date of its entry into force does not last for five years; 7) where guardianship. 7. article. Judicial expert examining Board (1) in this Act, the Court specified in the candidates for expert examination (hereinafter examination) the Court accepted expert examining board. (2) the judicial independence of the Commission of experts shall include: 1) forensic institutions driving the authorised person; 2 the District Court judge); 3) prosecutors; 4) investigators; 5) Ministry of Justice representative; 6) University academic staff representative. (3) the Court of the President of the Commission of expert examination is a representative of the Ministry of Justice. Judicial expert examination can be the President of the Commission. (4) If an expert examination Commission is not a court expert in the specialty in which the exam, its call on the Commission to work with the right to vote at least two courts concerned expert specialty court experts or, in their absence, other similar specialty court experts or specialists in the field, on their own initiative. (5) the Court experts examining the composition of the Commission for three years, confirmed by the Minister of Justice. 8. article. Certification and resertifikācij (1) is entitled to the sort of Exam candidates who comply with article 6 of this law with the requirements of and is paid for certification. (2) the exam organized and provide a judicial expert Council at least once a year. (3) the applicant's application procedures, exam contents, certification procedures, the minimum amount of knowledge, certification, certification of pay and benefits, as well as the arrangements for payment shall be determined by the Cabinet of Ministers. (4) the court expert resertifikācij (hereinafter referred to as the resertifikācij), the Council of experts of the Court before the court expert's certificate expires. Resertifikācij, resertifikācij requirements, fees for resertifikācij and the arrangements for payment shall be determined by the Cabinet of Ministers. (5) After the court expert shall be issued resertifikācij new court expert certificate. (6) the examination does not sort the candidates medical specialty or judicial expert psychiatric expert specialty. A decision on the issue of the certificate of the court expert in forensic experts to the candidate's specialty or judicial psychiatric expert specialty Court experts, the Council shall adopt, on the basis of the legislation of the competent authorities of the information provided in writing to the medical treatment of the person and the support person for the treatment of the register's certificate number and expiration date, and the evaluation of the applicant's compliance with article 6 of this law. 9. article. Judicial expert certificate Court expert (1) the validity period of five years. (2) the court expert certificate Court and expert specialties classifier approved by the Cabinet of Ministers. Chapter III. Judicial expert action article 10. The national expert (1) the national court is a court expert expert whose post is responsible for the judicial expertise in forensic institution, the country's direct authority or a public corporation. (2) on the State of the court expert's appointment, termination of Office Manager of the authority within five working days, inform the Court of the Council of experts. (3) the national judicial expert shouldn't be at the same time also act as a private judicial expert. (4) the Cabinet of Ministers approved the National Corporation of which one of the duties of the national experts of the court expert, the competence of the Court examiner's paid service price list. 11. article. Judicial inspection authority (1) the Court examiner's authority is a public institution or body, public corporation or its departments, which main activity is the forensic. A public body or a corporation unit can be a forensic institution, if it consists of not less than seven judicial experts. (2) the Court examiner's list of institutions and bodies the Court of each expert specialty approved by the Cabinet of Ministers. (3) the forensic institutions and of national administrations, in which judicial experts perform the duties of the national court expert, the competence of the Court examiner's paid services price list approved by the law on budget and financial management. (4) the criminal proceedings the judicial expertise related to Dactyloscopic data and DNA profile identification, be authorised to carry out only the forensic institutions which are accredited conformity assessment of regulatory legislation. 12. article. Private judicial experts (1) the private court expert is a nationally recognized judicial expert who carried out inspection of their economic activities or on the basis of the contract of employment to the merchant, as well as associations and enterprises. (2) private judicial expert within five working days after the acquisition of the certificate of experts submitted to the Council of experts of this law, article 4, second paragraph, the information referred to in paragraph 3, as well as according to article 5 of this Act, apply for registration for the judicial inspection methods. (3) any changes in the information provided by the private court expert shall notify judicial expert Council within three working days. 13. article. Private judicial expert restrictions private judicial expert has the right to perform: 1) firearms and their ammunition judicial expertise; 2) sprāgstierīč and explosive judicial expertise; 3 coins and banknotes) (other than historical interest objects) judicial expertise; 4) Court expertise related to the illicit manufacture of narcotic drugs, psychotropic substances and their effects and research; 5) Court medical expertise to dead people; 6) judicial expertise regarding the treatment of professional persons; 7 medical inspection) the Court suspects and the accused person's State of health; 8) stationary judicial psychiatric expertise. 14. article. Judicial duties of experts (1) a court expert is independent judicial inspection and preparation of an opinion. (2) the Court, the expert must: 1) make a full inspection, providing a scientific and objective judicial expert opinion, and retain all records related to research and other material that provides traceability and the action taken on the basis of the conclusions of the experts has been prepared; 2) waive the judicial expert opinion, if the material is not sufficient for this opinion, or there is other legislation set out the circumstances which prevent the given expertise; 3) withdraw from the expert opinion of the Court, if asked questions does not match his competence; 4) participate in the meetings of the Court, if the meetings are invited to these; 5) choosing research methods, to respect the expertise submitted item and material conservation requirements; 6) inspection information be provided only process driver, inspection sequencer or authorized person; 7) monitoring and control function of the Expert Council of the Court a request to issue a copy of the judicial expert opinion pursuant to the laws and limits; 8) the performance of their duties, to engage in activities that do not touch the person's health, honor and dignity, and to comply with data protection requirements; 9) to ensure that the child's participation in a judicial inspection does not adversely affect his psyche, and, if necessary, ask for expertise in charge call psychologists; 10) regularly raise the qualification; 11) take only a judicial inspection, which he has received the certificate of the Court experts and expertise Court requires technique, equipment and experts of the Council of the judiciary established methods. 15. article. Judicial expert right judicial expert has the right to: 1), to request and receive all the expertise of the required materials and information; 2) after checking with expertise in charge of providing judicial expert opinion not only on the questions asked, but also on other conditions, by an expert according to their competence to discover on his own initiative; 3) draw on expertise in control conditions associated with expertise (also on the formulation of the question). 16. article. Judicial expert opinion (1) the Court shall in the opinion of experts the following information: 1) judicial inspection sites and date; 2 the judicial inspection) the description; 3) person requesting inspection be performed; 4) data on judicial expert (name, last name, specialty, forensic expert's certificate number); 5) judicial expert asked questions; 6 disposal of the experts) the Court released materials; 7) judicial inspection method used and the version number of the method; 8) research results and their evaluation; 9) replies to the questions asked; 10) other information, if applicable, in accordance with the law which made the inspection. (2) the Court of the judicial expert opinion expert certified with a signature. (3) if the inspection is made and its findings differed from the original inspection findings or if the expertise of the Expert Commission, the Court and the members of the Commission findings are different, the expert opinion should include appropriate explanation. Article 17. Forensic types (1) the Court or the judicial experts of the Expert Commission, which consists of at least two judicial experts, take the original, additional and repeated judicial expertise. (2) the initial inspection of the courts or the courts of the judicial expert Commission of experts if the object of the research is carried out to provide the first answers to the questions raised in the decision. (3) in addition to the expertise of the Court the court expert or judicial Commission of experts, which has made the initial expertise to refine the research or findings that the experts provided by the original court expert opinion. If this is not possible, ask to make another inspection of the court expert or judicial expert Commission. The answers to the questions provided, based on original research carried out by inspection and, if necessary, in addition to the research you have done. (4) the Court shall take the other court of inspection expert or other judicial Commission of experts, study the same subjects and responding to the same questions, which asked for initial judicial expertise. Again, the reasons for the determination of inspection inspection in charge of document examination and submit the initial judicial expert opinion. If the judicial inspection results are different, the court expert opinion indicates the differences and justify them. (5) the first paragraph of this article, the Court shall take the judicial expertise of the Expert Commission, if: 1) response requires one judicial expert specialty expertise, research using the relevant specialty Court established the Council of experts of the research methods and providing a common opinion. If any of the experts of the court disagrees with the other members of the Commission of the conclusions, he delivered a separate opinion, stating the reasons for the differences in the findings; 2) reply to the question referred is necessary for different specialties of the judicial expert expertise using a variety of research methods and providing the common opinion (a complex judicial inspection). If any of the experts of the court disagrees with the other members of the Commission of the conclusions, he delivered a separate opinion stating the reason for the differences in the findings; 3) the results of the study are expected in the studied object loss or significant changes, which excluded the possibility of repeated trials; 4) to personal identification of the judicial inspection; 5) to judicial inspection with respect to the treatment of persons of professional activity; 6) to judicial expertise of the person to determine the health status of and object to perform various medical research industry experts on the Court. (6) the Court of the Commission of experts of the inspection shall be carried out if: 1) the expertise of the Commission has established expertise in charge; 2), the Commission created a forensic institutions; 3) Inspection Commission provides for regulations. (7) the forensic complex, where performs the same object of judicial experts explores various specialties Court experts and research the specific sequence of research, to ensure that the characteristics and properties of the objects preservation. (8) where the Court stated that the expertise of the court expert Commission, which is made up of various forensic institutions, experts of the Court decision on determination of pētāmo of expertise and, if necessary, the file gets the Court examiner's authority or judicial expert that it organised by the inspection. The rest of the Court Commission experts and forensic institutions receive the decision on expertise. (9) a person in the body of the Court relating to indecent exposure expertise in criminal proceedings initiated a criminal offence against morals or dzimumneaizskaramīb, process guide or forensic authorities ask the driver to take the same gender justice expert or, if the victim or his representative agrees, can order the opposite gender justice expert. (10) If a crime against morals and dzimumneaizskaramīb of the victim and the offender is a person of the same sex or promoters of the process authority Manager forensic expertise the Court instructs the victim to perform the opposite gender justice expert at the request of the victim or his representative. (11) the organisation of forensic forensic procedures, as well as if the expertise from several institutions of forensic experts from the national courts or private court experts, determined by the Cabinet of Ministers. (12) all data, the expert opinions, documents, records, and expert notes illustrative materials related to inspection, for 10 years. Chapter IV. The Council of experts of the Court article 18. Judicial expert Council (1) the Court of Justice of the Council of experts expert management and supervisory bodies. Judicial Council of experts: 1) approved training programs for court expert specialties, as well as organizing certification and resertifikācij; 2) decide on judicial expert certificate, its suspension, renewal and termination; 3) decide on disciplinary action, disciplinary action or termination of application of disciplinary proceedings; 4) monitors and controls the operation of the judicial expert; 5) record the inspection methods used; 6) monitoring and control functions required to provide the Court with a copy of the expert's opinion, subject to legislative or regulatory limits; 7 the court expert) develop code of ethics; 8) take part in judicial expertise system policy and strategy development and implementation, as well as judicial expertise system of work organisation development; 9) review the applications and complaints of judicial experts. (2) judicial expert Council decision can be challenged in the Ministry of Justice and to appeal to the administrative procedure law. (3) the work of the Council of experts provide the Ministry of Justice or its authorized person. 19. article. Judicial expert Council (1) the Judicial Council shall consist of experts: 1) forensic authorities or their authorised persons; 2) private judicial expert representative; 3) District (City) Court judge; 4 District Court judge). (2) the Minister of Justice for three years, confirms the Court expert shall be appointed by the Council and the President of the personnel of the Court expert among the members of the Council. One and the same person may be the President of the Council of experts of no more than two terms in a row. Justice Minister abolished the Chairman before the deadline, if he duties committed serious irregularities. (3) the Court of the Council of experts of the Charter approved by the Cabinet of Ministers. Chapter v. Judicial expert responsibility article 20. Disciplinary actions (1) disciplinary proceedings against judicial expert proposes the Council of experts of the Court, the judge or on the basis of the proposals submitted, the process of personal complaint or your initiative, in the following cases: 1) the failure of the laws relating to judicial experts; 2) professional failure or serious negligence, which allow the inspection or unfounded court expert opinion; 3) exceeding the mandate; 4) post unlawful use; 5) inappropriate and disrespectful behavior or ethical norms of judicial experts; 6) inspection submitted loss of object or malicious damage; 7) inspection for the disclosure of the information to persons who are not related to the establishment or pursuit of expertise. (2) the disciplinary proceedings of the judicial expertise procedure determined by the Cabinet of Ministers. (3) the Council of experts of the Court within seven days, inform the Court about the disciplinary proceedings of the experts and the disciplinary Commission hearing. (4) the disciplinary procedure does not propose, but the actions not impose a disciplinary measure shall terminate and, if you have three years from the infringement. 21. article. The disciplinary Commission of the proceedings (1) for the consideration of the court expert, the Court proposed the Disciplinary Council of experts creates a disciplinary hearing of the Commission not less than three persons and determine the composition of the disciplinary proceedings, the President of the Commission. Examination of the disciplinary Commission shall include at least two forensic authorities of managers or their authorised persons, as well as one of the court expert in a given specialty, but if not, the court expert, one of the Expert Council of the Court's discretion. (2) if the disciplinary proceedings taken against the State judicial expert working in the forensic examination of the body, the disciplinary Commission of the examiner's authority include the Manager. If the disciplinary proceedings taken against the State judicial experts who do not work in the forensic institution, the disciplinary proceedings of the Commission in an advisory capacity, the relevant authorities should also call upon the Manager or his authorised person. (3) examining the disciplinary proceedings on this law, the first paragraph of article 20 of the infringement referred to in paragraph 2, the disciplinary hearing the work of the Commission in an advisory capacity to call on two courts concerned expert specialty court experts, but if there are none, two experts from the Court: the Court of the discretion of the Expert Council. (4) the disciplinary proceedings, the Commission may call upon the work of the Commission and other relevant areas for experts with advisory capacity. (5) Disciplinary hearing Commission work provide the Ministry of Justice or its authorized person. 22. article. The disciplinary proceedings, disciplinary action and the procedure of their application (1) If the disciplinary procedure is proposed, the Court examiner's authority or the Manager of the institution where the work of experts, the national court on the basis of the disciplinary hearing at the request of the Commission, is obliged to provide authorities information about the findings of the disciplinary circumstances in accordance with the data protection of individuals and the protection of the rights of patients to regulatory legislation. (2) the court expert, against which the proposed disciplinary proceedings, is entitled to acquaint themselves with the case materials, to provide additional clarification and requests. (3) the disciplinary proceedings of the judicial expertise procedure determined by the Cabinet of Ministers. (4) the judicial disciplinary court expert to expert Council may apply one of the following disciplinary measures: 1) reprimand; 2) disqualification of judicial experts. (5) the Court of the decision of the Council of experts on the application of the disciplinary court can challenge the experts of the Ministry of justice a month from the date of entry into force of the decision. The Justice Ministry's decision may appeal to the Court of Justice of the administrative procedure law. 23. article. Delete no disciplinary action disciplinary action is considered deleted if within two years from the date of entry into force of the court expert shall be imposed a new discipline. 24. article. Expert certificate Court suspension and termination (1) the Court shall suspend the Council of experts of the expert certificate court activity for a period not longer than two years, if: 1) authority, the national judicial expert, or the private judicial expert has submitted to the Council of the judicial expert of the method in the appropriate specialty; 2) court expert on prolonged absence (maternity leave, long-term sickness) has informed the Court of the Council of experts. (2) the Judicial Council may suspend the experts expert certificate court activity for a period not longer than two years, if: 1) the court expert is the accused or the suspect in criminal procedure for intentionally committed criminal offence; 2) against the court expert is proposed disciplinary proceedings; 3) judicial expert has not fulfilled this law article 14, point 3 of the second paragraph. (3) the Court of Justice of the Expert Council shall decide on the renewal of the certificate of an expert, if you have lost the court expert plea of suspension of the certificate and is not exceeded in the first and second part of the expert certificate Court. The decision shall be taken on the basis of the expert's Court submission. (4) the Court of the Council of experts of the expert certificate Court shall terminate if: 1) to the expert the Court applies this law article 6 of part 2, 3, 4, 5 or 7; 2) judicial expert forensic expert specialty and judicial Psychiatry expert specialty is over the medical treatment person's period of validity of the certificate; 3 expert certificate Court) the suspension period exceeds two years; 4) court expert has submitted an application for a certificate of dissolution; 5) court expert who does not have a deleted disciplinary action, again no disciplinary action; 6) judicial expert no disciplinary action, a court expert's disqualification. (5) where a court expert's certificate suspended, including a judicial expert of the certificate's validity period. (6) a Person who the court expert certificate activity terminated may be eligible for a new court expert's certificate if the Court certificate of action terminated, experts on the basis of the fourth paragraph of this article 2, 3 and 4. (7) the Council of experts, the Court found this law infringement forensic expert or judicial psychiatric expert, is entitled to submit a proposal for the Latvian Association of doctors on the medical certificate of cancellation of a medical examiner's substantive field or court psychiatric expert apakšspecialitāt. 25. article. Court expert criminal justice expert, you receive a court expert's certificate with a signature confirming that they have warned that the unjustified refusal to carry out the inspection or the Court, knowingly false expert opinion are called to liability under the criminal law. Transitional provisions 1. With the entry into force of this law shall lapse on 14 September 2006, the Court accepted expert on the law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 2006, no. 20, no. 2, 2009; Latvian journal, 2009, 193. no). 2. by article 8 of this law in the third and fourth subparagraph article 9, second paragraph, article 11, second paragraph, the third subparagraph of article 19, article 20, second paragraph, and article 22 provided for in the third subparagraph of the Cabinet from the date of entry into force of the provisions, but no longer than up to July 31, 2016 has the following Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) the Cabinet of Ministers of 13 November 2007 Regulation No 753 "rules on the forensic institutions list"; 2) Cabinet 10 June 2008 No. 427 of the rules "court expert certification and resertifikācij procedures"; 3) Cabinet of Ministers as at 30 June 2008 of the Regulation No 465 "judicial expert Council Charter"; 4) the Cabinet of Ministers of 21 July 2008 rules no 564 "court expert examination of the disciplinary and penal procedures"; 5) Cabinet of Ministers of 21 June 2011 regulations No. 466 "court expert specialties Classifier". 3. Within two months from the date of entry into force of the law of corporations, that the duties of the position of the judicial psychiatric experts, submit for registration the Board of experts of the Court before the date of entry into force of the law for psychiatric expertise used in the judicial inspection methods. 4. the Cabinet of Ministers article 17 of this law, the eleventh part of those terms shall be issued until July 31, 2016. 5. Judicial experts of the court expert's certificate issued in accordance with the Court of justice experts the regulatory laws that were in force before the entry into force of the Act, the application shall also be accompanied by resertifikācij of this law, article 6, first paragraph, referred to in paragraph 1 of formal education. If the court expert for the designated specialty education, studying in accredited courses (academic courses or second level higher professional study programmes) or obtain a master's degree in speciality relevant accredited study programmes in higher education, or postgraduate education elective subjects, education must be obtained before 1 July 2019. 6. The Minister of justice until 31 august 2016 shall be approved by the new judicial expert Council personnel. Until a new court expert Council for the approval of the personnel continue the current judicial expert Council. 7. The Minister of justice until 31 august 2016 shall be approved by the new judicial personnel of the Commission of expert examination. Until a new court expert examining Board for approval of the personnel work continues the current judicial expert Certification Commission. 8. the Person who this law enters into force shall take the duties of national experts direct authority or Corporation in the country and has received the Latvian Medical Association issued medical examiner's certificate or court psychiatric experts, comparable to the national expert, and one month after the date of entry into force of the law shall be issued a certificate of court experts, on the basis of the Council submitted a recommendation letter from the head of the authority and rights of the judicial expert of the supporting documents. Judicial expert of the period of validity of the certificate is determined according to the submitted expert evidence of the judicial rights of the deadline laid down in the document. If the experts right in the certificate period is fixed, the expert certificate is issued for five years. The Parliament adopted law 2016 11 February. The President of the Parliament instead of the President i. Mūrniec Riga 2016 March 1