The expert with the justice = El perito con la justicia
Auteur(s): |
Francisco Gil Carrillo
Miguel Angel Hortelano Anguita Eduardo Caldentey Gallardo |
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Médium: | article de revue |
Langue(s): | anglais, espagnol |
Publié dans: | Building & Management, avril 2018, n. 1, v. 2 |
Page(s): | 41 |
DOI: | 10.20868/bma.2018.1.3711 |
Abstrait: |
The expert evidence is a transmission of information that the expert makes to the judge or to a third party, in the form of an opinion so that he can assess facts or relevant circumstances in a given process. It is regulated in the LEC [1] (January 7, 2000) in articles 335 and 352. Thus the expert is configured as that person who has specific knowledge of which the court lacks and that are necessary for a proper evaluation of the process. The expert is a subject that by definition must be extraneous to the process and to the facts [2] The expert must not possess legal knowledge but if he knows the protocol that is used in judiciary proceedings in which he intervenes, in addition to have the knowledge, at least of the specialty that proves with his title and that are accurate in the test. The expert must be aware of the importance of his work in the judicial process and the value of his evidence, which can unbalance the balance of justice, with the damages and benefits inherent in the respective parties. |
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10411741 - Publié(e) le:
12.02.2020 - Modifié(e) le:
24.07.2020