Autotechnical expertize: what is it?
Judicial autotechnical expertize (it is not necessary to confuse to estimation of cost and damage of the vehicle which are the section of merchandising examination) resolves purely technical issues arising by hearing of cases and materials about dorozhno - transport incident.
enters competence of judicial autotechnical expertize the solution of questions:
- determination of speed the vehicle (V);
- establishment of a brake and stopping way the HARDWARE at the given or established speed of the movement and a road on-scene situation dorozhno - transport incident (road accident);
- establishment of technical capability of the driver to prevent road accident in these specific conditions;
- establishment of the mechanism (i.e. sequences of events and their reason) road accident ;
- establishment of the technical reasons of drift and (or) capsizing, controllability loss the HARDWARE;
- establishment of the reasons and time of emergence of malfunction of the HARDWARE, its separate knots and units, details;
- establishment of compliance of a condition of the HARDWARE to technical requirements, regulations and other regulating documents;
- research of other questions connected with transport, a road condition and a road situation .
At purpose of autotechnical expertize arises a question at once: who is the expert what his duties and the rights? The word the expert is translated as “expert“, “master“.
Criminally - the procedural code of the Russian Federation defines: as the expert any person possessing necessary knowledge for making the conclusion can be caused . Similar situation is available in the code of civil procedure. Examination is made by the experts of the relevant institutions or other experts appointed the person making inquiry, the prosecutor, the investigator and court or the invited lawyer. In civil process where the burden of proof and search of proofs lies on the parties, the parties can invite the expert .
Therefore, generally, the expert is an expert in any area of knowledge necessary for carrying out research and making the conclusion.
Procedural bases of carrying out examination are stated in the relevant articles criminally - and civil procedural codes of the Russian Federation.
needs Especially to emphasize what the expert has no right to do. The expert has no right :
- to involve strangers in production of the examination charged to it;
- independently to collect and withdraw new, absent in business, but the conclusions, necessary for giving, proofs and materials;
- to consider legal questions in the conclusion.
the Last situation needs to be highlighted since is frequent the person who appointed examination asks the questions relating to a legal treatment (like “broke?“). The legal treatment of actions of participants of road accident, legal qualification of crimes, existence or absence of fault, validity or an absence of proof of guilt, satisfaction of claim requirements are within the competence of bodies of inquiry, a consequence and court. At statement of such questions the person who appointed examination delegates part of the powers to the expert that is inadmissible both legally, and morally and testifies to incompetence of this person. Only concerning technical norms the expert has the right to specify
as the participant had to act road accident and what its actions (inaction) do not meet the established standards.
For example, not carrying out necessary maintenance therefore the driver did not find the beginning of destruction of a brake hose in time and did not replace it that led to road accident.
In more detail requirements to competence of the expert, an order of appointment and carrying out examination, the requirement to the conclusion and so forth are specified in the law 73 - Federal Law “About State It Is Judicial - Expert Activity in the Russian Federation“ .