Judicial Expert Certification And Resertifikācij Procedures

Original Language Title: Tiesu eksperta sertifikācijas un resertifikācijas kārtība

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/176963

Cabinet of Ministers Regulations No. 427 in Riga in 2008 (10 June. No 38 18) Court expert certification and resertifikācij order Issued in accordance with the law of the judicial expert of the sixth article 6, article 7, the fifth and the seventh subparagraph, article 8, first and second subparagraph, and article 26, third part i. General questions 1. determines: 1.1. Judicial Expert Certification Commission (hereinafter the Commission) action and competence;
1.2. judicial expert of the candidate's application procedures for certification;
1.3. the court expert certification procedures;
1.4. judicial expert certification requires a minimum amount of knowledge;
1.5. judicial expert certification test fee and charge of sowing inserted;
1.6. the court expert resertifikācij;
1.7. judicial expert knowledge required to resertifikācij;
1.8. the court expert certificate is issued;
1.9. judicial expert of the period of validity of the certificate;
1.10. the court expert's certificate (annex 1);
1.11. the expert certificate Court stops and takes away the certificate of arrangement. 2. Judicial Expert Council (hereinafter Council) is responsible for judicial candidates in certain expert certification examination (hereinafter examination) or ganizēšan, it technical support, provide the test and the test ticket, culminating in the work, as well as confirm the test and the test ticket. 3. the test results shall be adopted by the Commission, established under the law of the judicial expert article 6. The President of the Commission and the work of the Commission is responsible for examination and evaluation of progress in compliance with the requirements of this regulation. 4. the decision of the court expert qualifications and issue of the certificate, shall be adopted by the Council. 5. The fee for the examination of qualification of judicial expert sorting is 100 lats. 6. Prior to the submission of the application for a judicial expert Council of kan didāt (hereinafter the applicant) or a court expert shall pay the credit institution the rules referred to in paragraph 5. II. organizing 7. Quest quest you can sort candidate who has mastered the Council transmit to the year a training program in the chosen court expert specialty, as well as court expert who wants to gain the right to another court of the judicial inspection expert specialty. 8. Applicant's minimum amount of knowledge and expertise no time (academic hours) training program. Training program has two parts: a general part 8.1 (by the court expert for legal and General Court examiner's theoretical knowledge and are the same in all specialties programs);
8.2. special part (set training topics exploitable during the examiner's chosen specialty, mandatory training to be the minimum number of examinations, reviewing the submitted training examiner's expert opinion (opinion) and the practical skills of candidates and level). 9. The applicant's training program for certifying forensic learning institutions or training manager (if training occurs the Court examiner's authority) issued the certificate (annex 2). Medical and psychiatric experts in the Court of the applicant's professional training certifying document on the postgraduate (residency). 10. initiation of training candidates are writing two weeks shall notify the Council, indicating the period of training, a training site and the driver. Changing the training period the candidate not later than two months before expiry of the time limit fixed in advance shall notify in writing to the Council. 11. on the basis of the information on the number of candidates of the trainees and training period, the Council not less than once a year, the newspaper "Gazette" issued the document submission deadline the Court set out the test for expert specialty and inserts the relevant information of the Ministry of Justice website on the internet. 12. to sort the test, applicants shall submit application (annex 3). The application shall be accompanied by the following: 12.1 the candidate of formal education;
12.2 description of work experience;
12.3. proof of completion of training or professional quality in fikācij a copy of the certificate of a profession in which the law provides for the certification of vocational training;
12.4. a copy of the document certifying the State language skills in higher grade according to the State language law (if the general education program is not acquired Latvian language);
12.5. the opinion set out in the training programme;
12.6. a declaration that the applicant is not the subject of a judicial expert of the law article 5, second paragraph, those limitations;
12.7. a copy of the formal charges on the quest. 13. The application shall be accompanied by regulations prescribed wrap compare copies of documents or show the original documents. Documents filed by the applicant do not issue back. 14. The Council shall examine this provision referred to in paragraph 12 of the document and the document within one month of the expiry of the time limit for submitting a written notification sent to the applicant for permission to organize the quest, indicating the time and place of the test, or the refusal to arrange test. 15. the Council is determined by the examination no earlier than one month after the rule referred to in paragraph 14, the notification will be sent to the candidate. 16. the Council, in the month following the rules referred to in paragraph 12 of the document submitted by the receiving peer-reviewed findings. Reviewers are chosen from the Court Register of the experts of the experts. If the candidate's chosen field of certified experts in the country, not the opinion of the reviewing invited according to the specialties of University academic staff representative. 17. the reviewer review: 17.1 compliance opinion expert opinion design requirements;
17.2. the research methods used in compliance with the approved methodologies;
17.3. the reasonableness of the conclusions;
17.4. questions that need to be answered to the candidate during the examination;
17.5. rating 10 ball system. 18. The reviewers opinions are peer-reviewed within 10 working days of its receipt. The review shall be submitted to the Council in duplicate together with the recognised rules of the review. The opinion reviews the Council one copy sent to the applicant together with a statement of permission to organize test. 19. the Council challenges the applicant refuse sorting and reviewing the submitted opinions, if the candidate has not submitted all the rules referred to in paragraph 12 of the document or of non-compliance with the law of the judicial expert of the Thai candidate determine requirements. III. Test procedure for the evaluation of test results can occur if the work of the Commission shall participate in the Committee Chairman, no less than four members of the Commission and the Court at least two guest experts. 21. before the test, the candidate is presented to the Secretary of the Commission, an identity card. The Secretary of the Commission shall register the applicant's name, surname and personal code of the candidates ' qualifications in the quest log (annex 4) (log). 22. prior to the test by the Chairman of the Commission shall inform the candidates about the test procedures and the composition of the Commission. 23. If a candidate late in the beginning of his quest with the permission of the Chairman of the Committee has the right to organize the quest, but the performance period is extended. 24. If, for any valid reason not to quest, he has the right sort of ordeal in another Council at a specified time. The test fee is not charged again. Whether absence reasons recognised as justified, decided by the Council. 25. If a candidate fails to appear for a test without justification, the quest he will not be refunded. 26. the Secretary of the Commission on the progress of the test protocol. The Protocol specifies the test venue, the time, the composition of the Commission, consultations and decisions, first and last name of the candidate, the candidate chosen by the ticket number, asked questions and rating. The minutes shall be signed by the Chairman of the Commission, all members of the Commission, the members co-opted Court experts and the Secretary of the Commission. In the annex to the Protocol annexed to the Commission's members completed the quest review form (annex 5), the applicant's challenge to the test form and answer the second part of the draft. 27. during the test are not allowed: 27.1. to help other candidates or talk with them;
27.2. using consumables, including communications, portable computers, notebook computers and literature;
27.3. leave the test room without the permission of the President of the Commission. 28. If the applicant does not comply with the provisions referred to in paragraph 27, the Commission Chairman, warned him and test performance on the first page (under "notes") and log on the grade to be made alert. If, after notice of termination of repeat infringement, the President of the Commission shall test the performance page and log in the record shall be made of the fact that the test is fine, and the candidates expelled from the examination room. 29. The test has two parts: 29.1. in the first paragraph, the candidate shall provide written answers to test questions about 60 training programs General share;

29.2. in the second paragraph, the candidate verbally respond to ticket the following three questions about the training programs and the special advocate recenzēto opinion. 30. in the first part of the test candidate hour writing fills the test. 31. the Candidates who have completed the quiz, submit it to the President of the Commission and leave the test room. After the first part of the quest President Announces break. 32. Break the Commission assess the completed tests. The test is fine, if the candidate is properly responded to at least 45. Negative rating, receiving the first part of the quest is denying the applicant the right to participate in the second part of the test. The test results shall be recorded and notified to the applicants. 33. in the second part of the test candidates in alphabetical order (by last name) calls the test a performance space, to select one of the ticket. The number of candidates selected ticket is presented to the President of the Commission, and the Secretary of the Commission, it shall be recorded in minutes. 34. The room where the second part of the test, at the same time be no more than five candidates. 35. The answer to the time specified on the ticket in the second part of the test questions are 30 minutes. A candidate has the right to respond as soon as possible. The oral reply to each question are provided for no more than 10 minutes. 36. the Commission listens to the candidate's answers to all the issues specified in the ticket. The members of the Commission and the Court invited experts have the right to ask questions to clarify the answers. 37. After the candidate responded to questions specified in the ticket, it defends recenzēto findings in response to the review raised and members of the Commission and the Court invited experts questions and objections. 38. A candidate who finished the second part of the quest, presented a draft of the Commission's replies to the President and leave the test room. 39. at the hearing the applicant Commission Chairman opened the second part of the quest and the final evaluation meeting. Consultations during each Member of the Commission assess the candidate's responses to the questions below, the ticket submitted opinions, reviews and opinion advocacy and the Secretary of the Commission submitted to the test evaluation form. The candidates ' responses scored 10 ball system according this rule 6. criteria specified in the annex. 40. the assessment shall be recorded in the minutes. Member of the Commission and the Court invited experts shall have the right to ask to be recorded in his individual views on the assessment or examination. 41. After testing evaluation consultations the President of the Commission for the duration of the examination room invites candidates for the notification of results. 42. After testing by the Secretary of the Commission a progress log, candidate test materials and the Protocol, shall be forwarded to the Council. 43. the Commission's meetings are closed. Information related to the assessment of the inspection work, can be issued only by the President of the Council's written permission. 44. the Council, on the basis of the applicant's written request, handed his test job evaluation page markup the parts of the statement, without specifying the assessor. 45. the Council, on the basis of the Commission's members submitted ratings, opinions and comments within 10 working days of the decision of the court expert qualifications and issue of the certificate, or of the refusal to grant the Court the expert's qualifications and to issue the certificate. Judicial expert qualification, if the candidate received average ratings for the answers to the questions and the ticket for the review findings and the Defense has at least five of the Ballroom. The Council decides not to grant the judicial qualifications of experts, if the work of the Commission in court or outside expert reviewers ' ratings have been lower than five balls. The decision sent to the applicant within five working days after the date of the decision. 46. The candidates who have not passed the test, you can organize it no earlier than six months from the date of notification of the results of the test, but not later than two years from the receipt of the certificate of completion of training or professional qualifications for the professions, obtain a certificate in which the law provides for the certification of vocational training. IV. the judiciary 47. Resertifikācij expert not later than two months before expiry of the certificate submitted to the Council by the end of the application to the Court of resertifikācij experts (annex 7). 48. The court expert who is certified in several related occupations and the experts who the previous certificate lifetime has made these rules determine the qualifications of the experts required a minimum number of inspection (annex 8), can apply for a fikācij for a complex resert. 49. The application shall be accompanied by: 30.5. report on the activities of the previous certificate;
30.6. the forensic institutions, courts, prosecution or investigation would authorities recommendation letter. 50. the forensic experts, forensic psychiatric experts and narkolog in addition to the provisions referred to in paragraph 49 of document, the application shall be accompanied by a medical certificate. 51. the decision of the Court of resertifikācij the Expert Council shall adopt within one month from the date of the application. 52. Judicial Expert Council under this provision is assessed. the Court referred to in annex 9 of the operational experts in the assessment criteria. The amount of points earned. 53. the decision shall be adopted, if the Court resertifikācij the expert received a minimum of 120 points, of which at least 25 points are awarded for a minimum number of inspection. Repeatedly issued certificate assigns a new number. 54. If the court certifies the complex resertifikācij of experts in these rules referred to in annex 9 points are summed across all specialties in mystery expert sais, and the Council shall adopt a decision on the resertifikācij of each of the expert's specialties. 55. The Council shall adopt a decision to refuse, if resertifikācij: 55.1. the expert certificate Court revoked in accordance with the law of the judicial expert article 26, second paragraph, first and second paragraph;
55.2. the expert has not received the rule referred to in paragraph 53 the number of points;
55.3. judicial expert supplied incorrect information with professional matters;
55.4. forensic expert medical treatment person's certificate has lapsed. 56. If an expert refuses to resertifikācij, he obtained a certificate in chapter III of these rules. 57.53 and 55 of these rules the decision referred to in paragraph the Council sends the judicial expert within five working days after the date of the decision. V. the certificate is issued, the suspension and withdrawal of the certificate. the decision on the certificate 58 or resertifikācij the Council shall notify the applicant in writing or the court expert. The decision to add a invoice for the certificate, the certificate stating the time and place. 59. The court expert, the validity period of five years. 60. the Certificates Issued are recorded by the Council – the registration number of the issue of the certificate shall indicate the last two digits of the year, specialty code and serial number of the certificate for the year (for example, 0701010001). 61. The Ministry of justice within 10 working days of the Court expert law article 14, first subparagraph, and article 19, first paragraph, of receipt of the information referred to in the Court Register of experts include judicial expert of the law article 4 provided for in the second paragraph of information about all the certified judicial expert. Information about the experts can be found in the register of the Ministry of Justice website on the internet. 62. the Council decision for certificate suspension or disqualification takes the court expert in the cases stipulated by law. 63. In considering the question of suspension or withdrawal of the certificate, the Council has the right to request the necessary information from court experts. 64. In considering the question of suspension or withdrawal of the certificate, the Council invited the experts to come to the Court at the relevant meeting by giving him the time and place of the hearing. The Court in the absence of the experts have no reason to question No. 65. If the Council recognised as invalid certificates (the certificate is stolen, lost or become unfit for use), the Court shall issue a duplicate certificate of expert. 66. the certificate shall be cancelled if: 66.1. the certificate is considered invalid;
66.2. the Council adopted a decision on the withdrawal of the certificate;
66.3. judicial expert has died. 67. If the certificate is revoked, the Council shall immediately communicate the decision: 67.1. judicial expert and justice experts concerned;
67.2. changes the information in the registry of the judicial expert;

67.3. within five working days of the decision to send the court expert and judicial experts concerned authority. 68. Judicial expert that a certificate is subtracted, repeated certification authorized in accordance with the Council decision, but no earlier than after one year from the date of the decision on the withdrawal of the certificate. Vi. Examination results and decision to challenge and appeal against the judicial expert or 69. judicial expert candidate within one month from the date of the Council decision can be challenged by submitting a reasoned application to the Ministry of Justice. 70. The Ministry of Justice decision may appeal to the Court of Justice of the administrative procedure law. VII. issues 71. Conclusion the Person who the court expert from the date of entry into force of the law on the duties of national experts on the direct administrative authority or a public corporation and is received by the Court, the expert evidence of the law, the Council shall issue a certificate based on the forensic institutions driving the recommendation letter. The letter indicates the number of the examiner's certificate during the period of the rule referred to in annex 8 specialties. 72. If the experts right in the certificate for the purposes of the judicial expert SP name differs from the rules laid down in annex 8, the Court shall issue the certificate of experts, which, on the basis of the forensic institutions driving recommendation letter, he has taken the expertise and specialty name equates these rules laid down in annex 7 of the nosa Kuma. Prime Minister i. Godmanis Justice Minister g. Smith annex 1 Cabinet 10 June 2008. Regulations No 427 G. Buchanan, Minister of Justice annex 2 Cabinet 10 June 2008. Regulations No 427 G. Buchanan, Minister of Justice annex 3 Cabinet 10 June 2008. Regulations No 427 G. Buchanan, Minister of Justice annex 4 Cabinet 10 June 2008. Regulations No 427 G. Buchanan, Minister of Justice annex 5 cabinet 10 June 2008. Regulations No 427 G. Buchanan, Minister of Justice annex 6 Cabinet of 10 June 2008. Regulations No 427 of the court expert certification test in the second part of the evaluation criteria rating 10 ball system word sign explanation 10 outstanding Court expert candidates (hereinafter applicant) knowledge exceed the requirements for training programmes and indicative of independent in-depth knowledge and deep understanding of problems 9 excellent candidate training program has mastered fully, the knowledge gained could be used freely for solving issues 8 very good candidate training program has mastered fully concentrates in theoretical framework, but sometimes lack a deeper understanding and ability to apply this knowledge to resolve issues right candidate 7 training program has mastered almost completely concentrates in the theoretical framework, but there may be less important deficiencies in the meaning of certain topic 6 almost good candidates in the universe has mastered the training program, oriented in theoretical framework, however, is the lack of understanding of certain topics 5 mediocre Candidates in the universe has mastered the training program but more important is in short the problem of insufficient understanding 4 almost mediocre candidate training program has mastered the superficial, many problems are not deep enough is understood, the knowledge gained could not use problem solving 3 weak candidate training program has mastered the superficial, unable to independently solve problems 2 very weak candidates have mastered only some superficial programme themes, others completely missing orientation 1 unsatisfactory Candidate has no understanding of pamatproblemātik in any of the training topics Justice Minister g. Smith annex 7 Cabinet 2008 June 10 Regulation No. 427 G. Buchanan, Minister of Justice Annex 8 Cabinet 10 June 2008. Regulations No 427 of the court expert's qualifications for the required minimum number of examiner's no judicial expert p.k. SP could code the court expert specialty way of forensic (until the certificate expires) drop in kvalifik tion in the profesion gives away in the number of forensic-related occupations (until the certificate expires) the professional qualifications of the audio and video footage of 1 the technical inspection 01.01 sound recording and hardware technical studies 5 video and hardware 01.02 research 5 2.
Soil inspection 02.01 soil exploration 25 3. Autotehnisk inspection along the technical condition of vehicles 120 03.01 research 60 no less than 10 x the Uzbraukum pedestrian mechanism study 60 no less than 10 vehicles collision mechanism 3.03 study not less than 60 10 4. Cold weapons inspection Cold weapons research 04.01 10 5. Ballistic expertise together 75 05.01 weapons identification, shots of feet and an examination of conditions of not less than 30 10 05.02 arms by means of special self-defense and their ammunition in the diagnostic study not less than 10 6 60. biological assessment human hair 06.01 morphological studies of animal hair 10 11.02 research 10 human biological material 06.03 DNA genotyping 50 7. Botanical expertise 07.01 plant object exploration 10 8. Fingerprint expertise together in the identification of 60 90 08.01 Fingerprint not less than 10 feet Papillārlīnij visualization 08.02 50 not less than 10 9. document technical inspection technical research documents 09.01 50 10. Fonoskopisk inspection 10.01 Person identification with the linguistic method of Personal identification with 10.02 25 electroacoustic method 25 11. Accounting expertise together 15 document audit 11.01 10 no less than 5 11.02 accounting document research 10 no less than 5 12. Habitoloģisk inspection 12.01 personal identification by exterior features 10 13. the identification marks of the terrain inspection identification marks of 13.01 the raised research 60 14. Information technology expertise 14.01 information technology research 20 15. chemical inspection of materials research Document 15.01 30 15.02 color materials and coatings research 30 15.03
Metals and alloys research 30 15.04 the illicit manufacture of narcotic drugs and psychotropic substances research 30 15.05 oil products and highly flammable substance research 30 Operational activities 15.06 substances used in chemical research 30 pyrotechnic articles 15.07 chemical research 30 15.08 polymer product research 30 sat special self-defense ammunition products and their chemical research 30 alcohol and alcohol 15.10 research 25 explosives and explosions 15.11 chemical product study 30 glass-15.12 , ceramic products and exploration of materials and Fibre of 30 15.13 products research 30-foot shot chemical 15.14 exploration 30 16. Chemical toxicological expertise 16.01 chemical toxicological studies the illicit manufacture of narcotic drugs, psychotropic, toxic substances, alcohol, the homologous and substitute for the determination of 25 17. State inspection 17.01 of alcohol, drugs, psychotropic substances and toxic effects on the person State trials 25 18. Linguistic expertise 18.01 text linguistic research 10 19. Banknotes and coins expertise together 40 19.01 paper money mark of 30 study not less about 10 coins research 30 19.02 not less than 10 20. Odoroloģisk inspection 20.01 5 21. Psihodiagnostisk Odoroloģisk research on polygraph expertise Psihodiagnostisk expertise in polygraph 21.01 24 22. Handwriting expertise 22.01 100 23. Graphical study Sprādzientehnisk inspection Sprādzientehnisk 23.01 research 30 24. Judicial medical expertise 24.01 the living and the dead person the Court medical research 60 corpses biological material 24.02 chemical toxicological studies the illicit manufacture of narcotic drugs , psychotropic, toxic substances, alcohol, the homologous and substitute for the determination of 25 human biological material 24.03 detection and serological studies 60 25. Judicial psychiatric expertise of mental condition of Persons 25.01 exploration 6 26. Judicial psychological expertise in the psychological state of the Person 26.01 exploration 6 27. Trasoloģisk inspection together 50 footwear and clothing 27.01 motor damage and left foot exploration 30 not less than 5 feet Homoskopisk 27.02 research 15 no less than 5 feet Mehanoskopisk 27.03 exploration 30 not less than 5 vehicles left 27.04 study of 15 feet for not less than 5 feet trasoloģisk 27.05 blood research not less than 5 28 15. fires of technical inspection technical research Fire 28.01 30 Minister of Justice g. Smith 9. attachment Cabinet 10 June 2008. Regulations No 427 of the judicial expert evaluation criteria no PO box criteria points 1. Judicial expert qualifications required to ensure examiner's count: 100 percent volume in 1.1 + 100 points 1.2.75-99 percent in the amount of + 75 points 1.3.50-74 percent in the amount of + 1.4.25-50 points 49 percent in the amount of + 25 points 2. 
Participation by experts in seminars of specialty or a related Conference: 2.1 no active membership + 3 points 2.2. stall report + 10 points 2.3. stands (co-author) + 7 points 2.4. oral report or publication + 15 points 2.5. oral report or publication (co-author) + 12 points 3.

Judicial expert skills: 3.1 one-day courses (not less than seven hours) + 3 points 3.2. two-day courses (not less than 14 hours) + 6 points 3.3. three and more days courses (not less than 20 hours) + 10 PTS 4. Accredited methodology development, or judicial expert Council approved development of a method + 10 PTS 5. participation in accredited or approved by the Council of the judicial expert methods development + 5 points 6. Published training guidelines being reviewed in development + 10 points participation 7. published training guidelines review feature Development + 5 points 8. development course or driving by the expert specialty related field + 1 point for each academic hour 9. Judicial review of the opinion of the expert + 1 point for each opinion 10. One expert candidates court the conduct of training + 15 points 11. Scientific practical research, the results of which are presented as a scientific report or the results of which are published in one of the reviewed (Quotable) expenses + 20 points 12. Participation in scientific and practical research , the results of which are presented as a scientific review or published in any of the reviewed (Quotable) expenditure + 13 points 13. the professional association or group + 10 PTS 14. operation professional association elected body + 15 points 15. operation of the court expert Certification Commission or judicial expert Council + 15 points 16. Erroneous judicial expert opinion, for which the Court received the decision of the Board of experts-25 points, no disciplinary action has 17. received in respect of an offence relating to the professional activities of the judicial expert – 20 points 18. complaint or blakuslēmum, which is found in the by-law infringements – 15 points 19. Judicial expert rule code of ethics – 10 points by the Minister of Justice g. Smith