Judicial/extrajudicial expertise

In the course of resolving conflicts of a civil procedural nature or when considering cases, participants in the process who are not connected with jurisprudence often get confused between the concepts of " judicial" and "extrajudicial expertise".

 

Let’s analyze the principles of conducting the two types of examinations.

 

Judicial expertise

 

Distinctive features are:

 

  1. The name is clearly fixed in the normative legal acts of Moldova.
  2. The appointment of this type of research can be initiated by authorized entities: judges, employees of investigative bodies, employees of the Prosecutor's Office, who issue an appropriate ruling.
  3. In most cases, the examination is appointed within the framework of a criminal case. If it is a civil law case, it means that circumstances that violate the Criminal Code of the Republic of Moldova have been revealed, which leads to the opening of criminal proceedings.
  4. If both judicial and extrajudicial examinations are carried out simultaneously, judges often consider the first one as fundamental and more important.
  5. The results are formalized in accordance with strictly established regulations.
  6. Recognition of the legality of the expertise is based on the range of parties that can initiate it.
  7. Criminal liability for false results is provided for.

 

Extrajudicial Expertise

 

Distinctive features of extrajudicial examination are:

 

  1. The name may be different: act of conducting an expert examination, expert's report (indicating place of work and full name), etc. If this type of research is called " judicial expertise", then most often it is done intentionally to delay or confuse the process, since this is a direct violation of legal norms.
  2. Extrajudicial expertise initially has nothing to do with the judicial authorities and is ordered by the plaintiff, defendant or other interested party. They initiate its conduct without the appointment conditioned by the legislation.
  3. The need for this investigation arises in the following cases:
    • When attempting a pre-trial method of conflict resolution;
    • as part of the evidentiary base before or during the trial;
    • when a judge refuses to appoint a judicial examination;
    • to substantiate the claims made in a civil suit.
  4. It is, most often, of secondary importance, if the authorized persons initiated a judicial examination.
  5. It does not have a form clearly established by the legislation, it can be drawn up arbitrarily by the expert or on the basis of internal regulations of the organization providing these services.
  6. Legality is confirmed in the presence of an official request for the performance of the service. If a citizen for some reason is not able to make an order independently, it is possible to involve a notary, who will issue a ruling on the appointment of expertise by our expert.

 

Specialists of the company "Ratmir" have professional experience in the performance of real estate appraisal expertise in various areas: from the assessment of detached buildings to the assessment of huge complexes and industrial bases.

 

To save your resources and time, contact professional lawyers who have experience in this area. If you want to request a judicial / extrajudicial expertise for yourself or your business, call one of the phone numbers on the site or leave a request through the feedback form.

We use cookies
We use cookies to display content correctly and to make the website easier for users.
I agree
I refuse