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Judicial Expert Law

Original Language Title: Tiesu ekspertu likums

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The Saeima has adopted and the President promulgated the following laws: the law of the judicial expert chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) forensic institution — direct regulatory authority or body whose main activity is the conduct of forensic and criminal procedure law, civil procedure law, administrative procedure law and the Latvian Code of administrative offences in the cases provided for in the Commission as the examiner's expertise;
2) court expert: a person who has special knowledge and experience in a scientific, technical, artistic or craft industry and who has gained the right to judicial inspection in accordance with the procedure laid down in this Act. Judicial expert of the duties of national courts or national recognized experts in the private court expert;
3) national expert — the court expert who performs the judicial expertise as Office forensic institution, the country's direct authority or a public corporation, which is one of the activities is the forensic;
4) judicial expert opinion: document in which an expert, based on the results of the study, according to competency provided a reasoned reply to the inspection control questions;
5) court expert specialty — forensic field, which is a common research subject, like the research objects and methods, in which the expert learned the necessary knowledge.
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 Latvia according to the competences shall be entitled to make: 1) national experts;
2) nationally recognized private judicial experts (hereinafter private judicial experts).
(2) the right to judicial expertise of the court expert after expert certificate Court.
(3) If inspection is required in areas not referred to in the first paragraph, an expert in the laws in order to ask the inspection can make the other person with the appropriate expertise.
4. article. Court Register of experts (1) a court expert register (hereinafter register) is a public registry that contains information on all judicial experts, operating in the country.
(2) the register shall include the following particulars: 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) mark, if the Court applies the law of experts referred to in article 20.
(3) the register shall be established and maintained by the Ministry of Justice.
(4) the register and any amendments shall be published in the newspaper "journal".
Chapter II the Court granting the certificate of experts from article 5. Judicial experts (1) a candidate for a judicial expert candidates (hereinafter applicant) may be legally competent physical individual: 1) which acquired the speciality selected relevant accredited study programmes in the University (academic courses or second level higher professional study programmes) or obtained the postgraduate education in the chosen specialty;
2) which acquired a judicial expert professional knowledge and experience, while working on an Expert Assistant chosen specialty;
3) that year after those parts referred to in paragraph 2 of document certifying compliance with the requirements for obtaining certification of the applicant;
4) which for occupations in which regulatory documents provide attestation of vocational training, presented the certificate of professional qualifications;
5) which could state language at the highest level;
6) which has a flawless reputation.
(2) 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, amnesty or pardon is terminated for intentional criminal offence.
6. article. Judicial expert Certification Commission (1) in this Act, the candidate for the certification examination and court experts defined the test the Court adopted resertifikācij Expert Certification Commission (hereinafter the Commission). After testing, the Commission shall submit to the Council a judicial expert test materials and protocols.
(2) the Commission shall include: 1) forensic institutions authorized for drivers;
2) judge;
3) prosecutors;
4) national police representative;
5) Ministry of Justice representative;
6) University academic staff representative.
(3) the President of the Commission is a representative of the Ministry of Justice.
(4) the Commission is assisted in its work at least two judicial experts in the specialty in which the ordeal.
(5) the Commission's personnel for three years approved by the Minister of Justice.
(6) Commission actions and competence the Cabinet of Ministers.
7. article. Certification and resertifikācij (1) the court expert examination are entitled to sort applicants who paid for the test.
(2) the Commission shall examine the candidate's knowledge in the chosen specialty, as well as to evaluate how he's familiar with the laws and regulations governing the operation of the judicial expert, his ability to draw up the judicial expert opinion (opinion), and sort records.
(3) test conducted orally and in writing.
(4) If a candidate does not pass the test, you can sort it again not earlier than six months.
(5) the court expert resertifikācij court expert shall be carried out prior to the expiry of the certificate. Resertifikācij and resertifikācij for the required amount of knowledge is determined by the Cabinet of Ministers.
(6) After the court expert shall be issued resertifikācij new court expert certificate.
(7) the application procedures, candidates for certification, a minimum amount of knowledge, as well as the test fee and the charging order is determined by the Cabinet of Ministers.
8. article. Expert certificate Court (1) the applicant, the court expert certificate is issued after completion of the quest. Court expert and issue of the certificate validity period is determined by the Cabinet of Ministers.
(2) the court expert certificate Court and expert specialties classifier approved by the Cabinet of Ministers.
Chapter III judicial experts of article 9. Judicial duties of experts (1) a court expert is independent judicial inspection and preparation of an opinion.
(2) the Court, the expert must: 1) provide scientific and unbiased opinion, making expertise in full;
2) to refuse to give an opinion if asked questions does not match his competence;
3) to fulfil the law obligations and scoping to use accredited, scientifically validated or approved by the Council of experts of the Court;
4) choosing research methods, to respect the expertise submitted item and material conservation requirements;
5) inspection information obtained shall only provide expertise in charge or his authorized person;
6) 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;
7) 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;
8) regularly raise their qualifications.
10. 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 to deliver an opinion not only on the questions asked, but also on other conditions, which according to the competence of the experts discovered on his own initiative;
3) draw on expertise in control conditions associated with expertise (also on the formulation of the question);
4) to refuse to give an opinion, if the material is not enough for an opinion;
5) take the Court expertise only in the specialty in which he has received the certificate of the Court experts and expertise Court requires technique and equipment.
11. article. The content of the opinion (1), the opinion indicates 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 methodology used and the results obtained;
8) an evaluation of the results obtained and conclusions according to the questions asked.
(2) the opinion of the court expert shall be attested by the signature.
12. article. Judicial inspection (1) a court expert shall take the original, additional and repeated judicial expertise.

(2) repeating Court expertise other judicial expert or other court experts, the Commission, having examined the same objects explored, and responding to the same questions asked in the original court, requiring expertise from the initial charge of expertise and opinion in its opinion stating the differences and their causes, if the judicial inspection results are different. Again, the reasons for the determination of inspection inspection leader indicated in a document for inspection.
(3) the first paragraph of this article shall take the judicial inspection expert or experts of the court solely by the Commission.
(4) the Judicial expertise Commission of experts if it provides expertise in charge, or by the head of the forensic institutions, as well as the order if: 1) the results of the study are expected in the studied object loss or significant changes, which excluded the possibility of repeated trials;
2) to personal identification of the judicial inspection;
3) to judicial inspection with respect to the treatment of persons of professional activity;
4) to judicial expertise of the person to determine the health condition when objects an incidental question explores various sectors of medical experts of the courts;
5) to complete the judicial expertise.
(5) if the experts do not work in one forensic institution, the Commission, by decision of experts form the inspection charge (with the exception of the Court of justice a person's State of health expertise, judicial expertise regarding the treatment of persons in professional activities and complex judicial expertise, in these cases the Commission is composed of forensic institutions).
(6) where the Court stated that the Inspection Commission of experts, which is made up of various forensic experts, the authorities of the decision on determination of izpētāmo of expertise and, if necessary, the file gets the Court examiner's authority or judicial expert who organizes the inspection. The rest of the Court Commission experts and forensic institutions receive a copy of the decision.
Chapter IV State judicial expert, pay and social guarantees article 13. Judicial inspection authority (1) the Court examiner's list of approved by the Cabinet of Ministers.
(2) the authority of the Court, forensic expert posts are: 1) the forensic institutions, Deputy Chief Examiner;
2 the head of the Department) and the Deputy head, which main activity is the forensic;
3) posts, which is a basic forensic.
(3) if the examiner's head of the judicial authority, expertise, he also covered by this chapter.
(4) the forensic institutions charge price list approved by the Cabinet of Ministers.
14. article. National judicial expert forensic institution (1) state court expert shall be appointed and relieved of the post of the head of the forensic institutions and five working days, inform the Ministry of Justice.
(2) On the national expert in the laws applies to certain public officials and civil servants posts set pairing restrictions.
(3) the national judicial authorities, national court examiner's experts, the legal relations which are not regulated by other laws, the special pay, benefits and compensation and the modalities, as well as the granting of leave and training agenda is determined by this law.
15. article. Wages, benefits and compensation (1) the national court expert's remuneration (salary, bonus, bonuses) shall be determined in accordance with the unified national budget authorities pay system. National judicial expert monthly salary is determined according to the level of the family, the position and degree of qualification prescribed by Cabinet and about.
(2) the national court expert shall have the right to additional remuneration provided to receive a civil official in certain benefits and compensation, where this Act provides otherwise.
(3) the State shall provide the national judicial experts of health and life insurance. The sum insured may not exceed relevant national court expert 24 months ' salary.
16. article. Severance pay if a national court expert is released from Office due to the judicial authority or the examiner's Office, he shall receive the allowance: 1) monthly average earnings if a court expert's Office has completed less than three years;
2) monthly average earnings, double the amount if the expert has worked in three to eight years;
3) monthly average earnings triple, if judicial experts have worked in eight to 15 years;
4) monthly average earnings quadruple if judicial experts have worked in more than 15 years.
Article 17. Vacation (1) national judicial expert assigned an annual paid leave of not less than four calendar weeks, public holidays excluded.
(2) every five forensic institution the court expert's Office worked years annual paid leave is extended by three calendar days, but generally no more than three calendar weeks.
18. article. Qualifications (1) forensic authorities head of State Court provides expert options not less than one week a year to raise the qualification in Latvia or abroad, saving him a monthly salary and the skills.
(2) the national judicial expert, who, without interrupting the exercise of functions, successfully taught education institution for the execution of his duties the necessary knowledge, the Court examiner's authority to bear half of the annual school fees.
(3) the national judicial expert who is released from Office and who after training and skills of the cover had been less than five years, released their tuition fees and skills part, which covered the Court examiner's authority.
(4) the national judicial expert training and skills and cover the reimbursement and the modalities determined by the Cabinet of Ministers.
Chapter v the judicial experts in Private activities article 19. Private registration of judicial experts (1) a private judicial expert within five working days after obtaining the certificate of experts submitted to the Ministry of Justice of this law, article 4, second paragraph, point 3 of the prescribed information.
(2) any changes in the information provided by the private court expert shall notify the Ministry of justice within three working days.
20. article. Private judicial expert activity limitations (1) 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 (except historical matter objects) judicial expertise;
4) illicit traffic in narcotic drugs, psychotropic substances and judicial expertise;
5) Court medical expertise to dead people and the judicial inspection of biomaterials;
6) judicial expertise regarding the treatment of professional persons;
7) forensic expertise of the suspected and accused person's State of health;
8) stationary judicial psychiatric expertise.
21. article. A private expert in quality assurance of private court expert is responsible for the judicial inspection of equipment used for regular calibration and verification.
Chapter VI judicial expert Council article 22. Judicial expert Council (1) the court expert Council (hereinafter Council) is a judicial expert management and supervisory institution that: 1) organized expert certification and resertifikācij;
2) shall decide on the issue of the certificate of the court expert, the suspension and disqualification;
3) monitors and controls the operation of the judicial expert.
(2) the Council may be appealed by submitting a corresponding application to the Minister of Justice.
(3) the work of the Council provide the Ministry of Justice.
23. article. The composition of the Council (1) the Council shall consist of: 1) forensic institutions or institutions of forensic experts of the Court authorized by the directors;
2) private judicial expert representative.
(2) the Minister of Justice approves the Council and appointed by the Chairman of the personnel.
(3) Council regulation approved by the Cabinet of Ministers.
Chapter VII liability of the experts of the Court article 24. Disciplinary action against the judicial Disciplinary Council of Experts recommends after the judge or Prosecutor's proposal, after a personal complaint or on initiative of the Council of: 1) of the Act and other legislation;
2) false or unfounded opinions again within two years;
3) failure to comply with their obligations;
4) misuse of power;
5) post unlawful use;
6) indecent and disrespectful behavior.
25. article. Disciplinary proceedings and the types of disciplinary actions (1) judiciary expert for disciplinary can be subject to such disciplinary action: 1) Note;
2) reprimand;
3 expert certificate Court) deprivation.
(2) the national judicial disciplinary in addition to experts referred to in the first subparagraph the disciplinary measures may also be applied to the following disciplinary actions: 1) depreciation for a period of up to one year;
2) dismissal from Office.
(3) the national judicial expert disciplinary measure (excluding fine-court expert certificate suspension) imposed on the head of the authority, the expert — the private Court Council.
(4) the disciplinary proceedings and punishment application of court experts determined, the Cabinet of Ministers.

26. article. Expert certificate Court suspension and deprivation (1) the court expert's certificate may be suspended, if the expert is the accused or the suspect in criminal matters for the purpose of committing a criminal offence.
(2) the certificate of the court expert robbed, if: 1) the Court shall provide a systematic quality expert opinions and he has applied two disciplinary action within one year;
2 the court expert's disciplinary) punished three times for one year;
3) on the court expert shall apply article 5 of this law, the other parts 2, 3, or 4.
(3) the court expert certificate suspension and shall lay down the procedure for the withdrawal of the certificate of the Cabinet of Ministers.
27. article. Judicial expert criminal liability for unjustified refusal to carry out the inspection or knowingly false opinion of court expert is responsible under criminal law.
Transitional provisions 1. Person of this Act on the date of entry into force of the duties of the national experts on the direct administrative authority or a public corporation and has received expert evidence of rights, comparable to the national expert, and the year 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 to the forensic institutions driving recommendation letter and the evidence of the experts right. 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.
2. To entrust the performance of methods of accreditation or approval of the Council, but no longer than up to 2007 December 31 Court experts used to perform examiner's forensic authorities approved methods.
3. Within three months after the date of entry into force of the law on the Cabinet of Ministers approves the list of forensic and Council Charter and article 8 of this law shall be issued under the rules.
4. Six months after the date of entry into force of the law on the Cabinet of Ministers issued this law, 7, 18, 25 and 26 of the provisions laid down in article.
The law shall enter into force on 1 July 2007.
The law adopted by the Parliament in 2006 on September 14.
The President of the Parliament instead of the President i. Otter Riga 2006 October 3 editorial comment: the law shall enter into force on 1 July 2007.