Judicial expert

From WikiMediation

Jump to: navigation, search

A judicial expert is a professional usually referenced to the Court of Appeal. His mission often regards the need for technical precisions in order to enlighten the judge's reflection: medicine, architecture, gemology, economy, finance, etc. The expert's opinion is usually advisory in nature. In practice, the expert’s opinion strongly influences the judge's decision, explaining some important media coverage about disputes between experts.

[edit] Who Can be a Judicial Expert?

The judicial expert must be under oath. In the case of a moral entity, the oath is pronounced by its representative designated for that purpose.

In some cases judicial experts may be requested for missions of conciliation, mediation and arbitration.

Therefore they do not intervene as judicial experts but as conciliators, mediators or arbitrators.

[edit] How to Become a Judicial Expert?

According to the case the control of the experts is exercised either by the Attorney General of the Court of Appeal or by the first President and the Attorney General of the Court of Cassation.

In France, since the law n°2004-130 of February 11, 2004, there are lists of experts established for the information of the judges who can, if necessary, appoint any other person of their choice, in criminal and civil jurisdiction.

The expert is noticed on a list that is established by the Court of Appeal in the jurisdiction in which he performs his main professional activity. After at least three years of inclusion on a list of the Court of Appeal, the expert may request his inclusion on the national list established by the Office of the Court of Cassation.

In France, a technician who would like to register on a list of judicial experts drawn up by the Court of Appeal must send a written request indicating the areas and/or specialties for which the request is made.

A curriculum vitae, an extract from police records, a certified copy of certificates in link with the request, a copy of the works already realized in the concerned specialty and all other documentations that could help to assess his skills must be included and attached to the letter.

This request must reach the Prosecutor of the Republic at the Court of First Instance from the jurisdiction in which the applicant exerts his professional activity or resides, before every first of March, for applications of the following year.

During his first inscription, the expert takes oath at the Court of Appeal from the jurisdiction in which he lives

A decree of December 23, 2004 foresees new modalities for the re-registration of judicial experts on the list established by the Court of Appeal. Now there is a probation period of two years, after which the experience of the applicant and the acquisition of legal knowledge necessary for the proper performance of his missions are evaluated. Each re-registration is made for duration of five years upon presentation of a complete application form and after notice of a commission composed by magistrates and experts.

[edit] Remuneration of the Judicial Expert

The experts' fees are defined by the judge who has appointed them (except in criminal cases in which their fees are regulated).

Personal tools
WikiMediation Partners
In other languages