Legislative and organizational aspects of the commodity expertise activity in Romania

• Author: Oana Mateut-Petrisor
• Position: PhD Lecturer, AGORA University
• Pages: 166-175

166

LEGISLATIVE AND ORGANIZATIONAL ASPECTS OF THE

COMMODITY EXPERTISE ACTIVITY IN ROMANIA

PhD Lecturer Oana Mateu-Petrişor

AGORA University

Abstract:

Ordinance No. 2 regarding the Organization of the Activity of the Technical

Judicial and Extrajudicial Expertise“ of Romania’s Government was published in

Monitorul Oficial no. 26 and came into force on January 25, 2000.

Due to the fact that the commodity expertise is assimilated to the technical

one, this normative act will also govern the whole activity of organizing and

executing commodity expertises

Key words: expertise, commodity, activity, technical

„The technical expertise made by experts or by specialists on the request of

the bodies of penal investigation, of thelaw-courts or of other bodies with

jurisdictional attributions, with a view toclearing up some facts or circumstances

of the case constitutes a technical judicial expertise”

The technical extrajudicial expertise as being “the technical expertise

made on the request of the natural or legal persons with regard to situations which

do not have a direct connection to the judicial activity”.

Within the Ministry of Justice, the Central Department for Technical

Judicial Expertises has been set up in order to coordinate and run, administratively

and methodologically, and also to control the expertise activity, while within Law-

Courts there are also Local Departments for Technical and Accounting Judicial

Expertises.

Yet, this Ordinance does not state the conditions of appointing the experts

and executing the expertises and because of this, its stipulations are completed, in

the case of judicial expertises, by the provisions of the Penal Code, the Code of

Criminal Procedure and the Code of Civil Procedure in this respect.

The Local Departments for Technical and Accounting Judicial Expertises

have the following attributions:

 they keep record of the technical and accounting judicial experts on the basis of

the lists published in Monitorul Oficial of Romania,part IV, and of the information

received from the Central Department for Technical Judicial Expertises;

 they recommend to the bodies of penal investigation, to the law-courts or to

other bodies with jurisdictional attributions experts or specialists who can make

judicial expertises;