An expert opinion can become evidence at the judicial level.
Expertise (from Latin peritĭa ) is skill , wisdom and experience in a certain subject . As we said, this term comes from Latin and more specifically from a word that is made up of two clearly identified parts: the word periens , which can be translated as “tested”, and the suffix – ia , which is indicative of quality.
Whoever has expertise is called an expert : this is a specialist who is usually consulted for conflict resolution.
Expertise in the judicial field
An expert opinion can be a study carried out by an expert on a matter entrusted by a judge , a court or other authority, which includes the presentation of a report (the expert report or expert opinion ). This report can become expert evidence and contribute to the issuance of a sentence.
The expert report always includes a detailed description of the object, person or situation under study, the relationship of all the operations carried out during the expertise with their result, the enumeration of the scientific and technical means that were used to issue the report and the conclusions.
For example: “The judge is waiting for the results of the tests to request the arrest of the suspect,” “Ramírez was released since the test showed that he never fired the weapon,” “Due to the lack of preservation of the crime scene.” , the judge considered that the tests will not yield a conclusive result,” “The test confirms that the car was going more than 150 kilometers per hour.”
Study of the authenticity of a document
Likewise, we must not overlook the existence of what is known as calligraphic and graphological expertise . As its name indicates, it is a specialty within the branch of graphology that consists of studying and analyzing the authenticity or falsity of any document. To do this, it uses graphics that identify the person who is supposedly considered the author of that paper.
Contracts, letters, receipts, wills or bills of exchange are some of those documents that become the object of this calligraphic specialty that is responsible for thoroughly studying and verifying elements such as signatures, letters and the outline of figures.
A handwriting expertise can prove the authenticity or falsity of a document.
Expertise as evidence or conclusion
The aforementioned expert reports usually include the results obtained through that specialty or technique. Specifically, these documents will contain the conclusions reached regarding falsifications, counter-examinations, alterations with a clear fraudulent objective, variations in handwriting due to natural or altered emotional reasons...
All these elements and results will serve significantly in a trial. And they will become a fundamental instrument not only when it comes to clarifying the facts that are addressed in the process but also with regard to the guilt or innocence of the accused.
Finally, it must be emphasized that in a trial , party experts (proposed by someone involved in the litigation) and judicial experts (appointed by the judge) can act. The expert reports are presented under oath and based on the evidence collected by the expert (who cannot make assumptions or provide opinions).