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
SUMMARY

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... (see full summary)

 
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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

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