A forensic expert prepares two types of expert opinions:
- Expert Opinion based on the results of an Expert Examination;
- Expert Opinion based on the results of a Forensic Examination.
The key is not to confuse a
Forensic Examination with an
Expert Examination. How to understand when and what expert opinion is needed?
1. EXPERT OPINION BASED ON THE RESULTS OF AN EXPERT EXAMINATION This document is prepared at the request of individuals or legal entities before court proceedings have commenced or when the circumstances do not require judicial consideration at all. The purpose of an Expert Examination is to help the parties resolve disputed issues, obtain a professional opinion from an expert, make an informed decision, settle the dispute amicably, or support their claims during the pre-trial stage (for example, when seeking compensation for property damage caused by flooding of premises).
2. EXPERT OPINION BASED ON THE RESULTS OF A FORENSIC EXAMINATION There are two ways to obtain a Forensic Examination. 1. Based on a procedural document, such as a court ruling, or an order issued by an investigator, judge, prosecutor, etc. 2. At the request of a party to pending court proceedings or the defense in criminal proceedings.
The right to independently commission a Forensic Examination and submit an Expert Opinion in support of one's position is provided for by Articles 102 and 106 of the Civil Procedure Code of Ukraine, Articles 98 and 101 of the Commercial Procedure Code of Ukraine, Articles 242–244 of the Criminal Procedure Code of Ukraine, and Articles 101 and 104 of the Code of Administrative Procedure of Ukraine. Under the procedural legislation, an expert who prepares an opinion at the request of a party to the proceedings
has the same rights and obligations as an expert conducting a Forensic Examination based on a procedural document (such as a court ruling). At the same time,
the materials required for the examination are provided by the court, investigative authority, or another authorized body if the examination is appointed by them. If the examination is commissioned by a party to the proceedings, those materials are provided by the requesting party. In both cases, the expert must ensure the preservation of the object under examination. If the examination involves
the complete or partial destruction of the object or alteration of its properties: - an expert appointed by a court or another authorized authority must obtain the appropriate authorization from that authority, issued in the form of a court ruling or official order;
- an expert engaged by a party to the proceedings must inform that party of the possible consequences of the examination as provided by procedural law and obtain written consent for any damage to the object.
To conduct an
Expert Examination, the expert must be provided with a passport or another identity document, as well as documents relating to the object under examination.
To commission a
Forensic Examination, in addition to the above documents, the expert must be provided with the case number (or a copy of the court's order opening the proceedings) so that the mandatory case details (type of proceedings, case number, etc.) can be included in the Expert Opinion.
