Assessment
A report is a well- founded judgment by an expert on a question of doubt. It contains representations of empirical principles and the derivation of conclusions for the actual assessment of an event or situation by one or more experts. The expert usually prepares findings (medicine), written reports or statements (court proceedings, legislative processes).
Expert opinion
In the case of factual questions, a qualified expert will first establish facts and then, if necessary, draw conclusions. An expert opinion must be complete and comprehensible and should, if possible, be formulated in a way that is understandable for a non-specialist.
An expert opinion contains a generally trustworthy assessment of a situation with regard to a question or a given goal. It appears as a binding (e.g. testified or signed) oral or written statement from an expert. The general trustworthiness is achieved in Germany through the public appointment and swearing, as well as the certification or appointment by a court (e.g. according to § 404 ZPO ).
Expert opinions can be drawn up on legal and factual issues. A legal opinion is the determination of the valid and applicable law in a certain region or for a certain group of people with regard to a given situation or the expert assessment of the legal questions or legal consequences of a situation.
The term “expert opinion” is neither a protected designation nor does it have a particularly prominent procedural meaning. When a court expert (sometimes also called "court expert") gives his expertise, one speaks of a court expert . If one of the parties to the litigation presents an expert draft, it is referred to as a private or party opinion . Regardless of the designation, this is always a party presentation in terms of procedural law . Therefore, other synonymous terms such as B. “Assessment”, “Statement”, “Report”, “Evaluation” or similar. basically equivalent.
Demarcation
However, an expert opinion must be distinguished from the so-called expert (expert) opinion , which is often mixed up with expert opinions in business dealings. In contrast to an expert opinion, an expert opinion can concentrate on the key points of the assessment and does not have to precisely document the findings and the origin of the results. In the case of an expert opinion - in an oral or written statement - you can refer to existing studies without having to check them in detail.
An expert opinion on the fitness to drive (so-called MPU expert opinion ) is issued at the request of the authorities on a private basis (and at the expense of the client; see also section MPU costs ).
In the process of developing democracy - participatory democracy - the term “ citizen's report ” was created.
Questionable appraisals that lead to an unconvincing, incorrect appraisal, but which meet the interests or views of the client, are often called courtesy appraisals .
Expert opinions from authorities
Germany
Official reports are a certificate or a report containing a report by public authorities. If the expert opinion has been obtained from a collegial specialist authority, the court can request the authority to commission one of its members to represent the expert opinion in the main hearing and to designate the court. There are no normative requirements with regard to the structure and content of an official report.
The manner in which the expert opinion or the findings / results of the expert opinion can be formally introduced into the main negotiation results from § 256 StPO . Deviating from the regulations of § 250 StPO, z. For reasons of simplifying the procedure, for example, the oral presentation of an official expert can be dispensed with by reading out the official expert's report (possibly only essential passages from it).
Liechtenstein
In Liechtenstein, official reports are mostly prepared and submitted by employees of the state authorities. There is no precise procedural regulation for this (although Art. 59 ff. State Administrative Care Act and other provisions contain general regulations for the authority on the questioning of experts and on fees, etc., but no regulations for the expert himself).
Some other (quite general) organizational regulations can be found in Sections 71 et seq. Of the Liechtenstein Code of Criminal Procedure (StPO) with regard to the use of experts in criminal proceedings as well as in other individual provisions of the StPO (e.g. on the right of the accused to ask questions).
Austria
In Austria, official reports are prepared and submitted by official experts on behalf of the authorities. The procedure and procedural rules are generally regulated in Sections 52 ff. General Administrative Procedure Act (AVG).
Sections 126 et seq. Of the Austrian Code of Criminal Procedure (StPO) contain, among other things, detailed regulations on the appointment of experts and their tasks in criminal proceedings, as well as individual regulations in other provisions of the StPO (e.g. on the accused's right to ask questions).
Standardization project "European reports"
To ensure a high level of expertise, the French standardization institute AFNOR suggested the development of a European standard for expert work in the spring of 2010 (project title: General requirements of competence for an expertise activity ; German: “General requirements for competence in the preparation of expert reports /Assessment").
A program committee ( CEN / PC) entitled Expertise Services is to be set up for this purpose.
See also
literature
- Walter Bayerlein: Practical handbook for expert law . Beck Juristischer Verlag 2015, ISBN 978-3-406-66417-5
- Lothar Neimke, Andree Sachmerda: The expert and his clients . Fraunhofer IRB Verlag, Stuttgart 2014, ISBN 978-3-8167-8953-6
- Lothar Neimke: The expert report . Fraunhofer IRB Verlag, Stuttgart 2012, ISBN 978-3-8167-8758-7
- Mark Seibel, Michael Staudt: Handbook for the building expert . Fraunhofer IRB Verlag, Stuttgart 2014, ISBN 978-3-8167-8937-6
Web links
- The paid and unregistered reimbursement of scientific reports in all areas of law (PDF file; 117 kB)
- Planning cells & citizen reports
- Damage database Schadis (largest German-language collection of specialist knowledge of recognized building experts and building researchers on the occurrence and avoidance of damage to buildings)
Individual evidence
- ↑ Law of April 21, 1922 on general state administrative maintenance (the administrative authorities and their auxiliary bodies, the procedure in administrative matters , the administrative compulsory and administrative criminal proceedings ), LGBl 24/1922
- ↑ Criminal Procedure Code of October 18, 1988, LGBl 62/1988 ( StPO )
- ↑ Criminal Procedure Code 1975, ÖBGBl. 631/1975 ( StPO )
