The role of technical expertise in judicial probation work in Romania and in the comparative law

• Author: Ana Maria Gramescu - Mihaela Aghenitei
• Position: University of Constanta - University of Galati
• Pages: 255-259

The role of technical expertise in judicial probation work

in Romania and in the comparative law

Professor Ana Maria GRĂMESCU1

Lecturer Mihaela AGHENIŢEI2

Abstract

Technical expertise is a research, interpretation and elucidation of situations

actually using scientific data. Starting with a brief history of the sample with technical

expertise, this paper details the role of information and scientific capacity of technical

expert / specialist in explaining and arguing circumstances which have led to a state of

affairs which belongs to civil or criminal. The author highlights the multitude of problems

whose nature is beyond the concern of a science, expertise gained interdisciplinary - called

complex expertise examination.

Key words: technical expertise, research, complex expertise examination, role of

technical expert.

JEL Classification: K41

1. Preliminary considerations

Starting from the Latin expression „expertus, experior”, technical expert

by specialized knowledge comes to try to prove a fact which is in evidence in a

civil or criminal settlement.

Where to clarify certain facts or circumstances of the case required the

opinion of specialists, the prosecuting authority or courts at the request of the

parties or ex officio, the sample has technical expertise. Romanian procedural law,

both civil and criminal, has technical expertise in the "Probe and evidence".

Although procedural laws of nature do not provide a hierachy of evidence,

allowing us to consider that technical expertise has a greater degree of objectivity

than other evidence both that is managed by a highly professional specialist but and

that their conclusions based on their scientific findings on legal provisions in this

field, bringing the greatest contribution to the establishment of truth.

Technical expertise is an old tradition. In ancient times using limited: in

Roman law was used at first retiring, but still no evidence of application specialists

in solving legal cases. Romans used the sample with technical expertise mainly in

solving problems using engineering setting boundary, mark off known as

"mensores" graphological expertise and agricultural expertise. In the eighteenth

century, the technical expert is increasingly used in criminal trials.

1 Ana Maria Grămescu – „Ovidius” University of Constanta, am_gramescu@yahoo.com.

2 Mihaela Agheniţei – "Dunarea de Jos" University of Galati; associate researcher at Institute of

Legal Research – Romanian Academy, maghenitei@gmail.com