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ON ORDER judicial expertise PAYMENT BY THE GOVERNMENT OF CATALONIA (Castilian text) on the Ordre
Order of payment of the expert witness by the Department of Justice of the Generalitat de Catalunya (419/2009, 17 September)
The Statute of Autonomy of Catalonia 2006, under Title III (. Judicial power in Catalonia.) Establishes, in Chapter III, the powers of the Government on the administration of justice.
Among these responsibilities are the material means for the administration of justice in Catalonia (Article 104) and on the organization of legal aid services and legal advice free of charge (Article 106).
With the force of the Statute of Autonomy of Catalonia of 1979, and by the Royal Decree 966/1990 of 20 July, and 409/1996 of 1 March, was transferred from the Administration State of the Generalitat of Catalonia functions in the provision of material and financial means for the functioning of the Administration of Justice and prosecutors' offices, among which include the payment of compensation for expert witnesses and expert witnesses in court of justice based in Catalonia. The functions and services that were attributed at the time the Justice Department by Decree 129/1996 of 16 April. More recently, Article 3.7.) Decree 421/2006 of 28 November on the creation, naming and determining the jurisdiction of the departments of the Generalitat of Catalonia attributed to the Department of Justice functions related to the administration of justice in Catalonia.
Article 473.1 of Law 6 / 1985 of 1 July, the Judiciary, as amended by Organic Law 19/2003 of December 23 states that may serve in the administration of justice personnel other government official that an occasional or permanent, is necessary to assist in the development of specific activities that are not themselves the bodies of officials working for the administration of justice and which require technical or specialized knowledge. Thus, the judge or judges and justices can be appointed as an expert or proficient staff or officers, or technical services agencies dependent on public administrations, as required by Article 465 of the Criminal Procedure Act are not entitled to claim fees, without prejudice to the compensation awarded to them, that in accordance with Royal Decree 462/2002 of 24 May on the grounds of the service payments are charged to the budget appropriation allocated to the Ministry or body of which the expert or experts.
addition, Law 1 / 1996 of January 10, legal aid, taking into account the possibility of using public resources for providing expert opinion on the Organic Law of Judicial Power, and order to combine, in one hand, access of all citizens to effective judicial protection and secondly, the rationalization in the use of public resources in its Article 6.6 states that the general rule should be that the expert will by technical staff attached to the courts, the civil service, agencies or technical services dependent on government, and that, exceptionally and when for lack of technicians or technical matter can not be expert assistance by experts or expert dependent on the courts or public authorities, the survey can be carried out if the judge or court considers it appropriate in a reasoned decision, by private or techniques.
In this sense, Law 1 / 2000, dated Jan. 7, Civil Procedure, established new rules of court procedure to appoint experts or experts, according to which the various professional bodies, institutions and academies similar and cultural and scientific institutions must submit annually to the courts a list of members willing to act as experts or legal experts.
Meanwhile, following the entry into force of Law 38/2002 of October 24, partial reform of the Criminal Procedure Act, on the procedure for the rapid and immediate prosecution of certain crimes and misdemeanors, and amending the simplified procedure and in accordance with paragraph 3 of its first final provision, the Justice Department drafted a specific list of technical and professional and technical arrangement to act immediately to the police courts to hold the so-called speedy trials, and made the prepayment of such surveys, to ensure expert assistance in these procedures.
Thus, the General Directorate of Relations with the Administration of Justice approved a new circular, Circular 2 / 2003, dated April 23 on the payment of expert witness, which introduced, inter alia, setting a maximum amounts for prepayment of certain types of surveys, with which guarantee the one hand, providing expert service to the courts and, second, the rational use of public resources.
After the time elapsed since the entry into force of the Circular 2 / 2003, the Justice Department has raised the need to take a step forward in improving the service and at the same time, combining the legitimate interests of the experts and proficient and the obligation of the Administration to use public resources available as efficiently as possible. It was therefore decided to extend the range of legal expertise capable of prepayment and apply it to all those surveys, regardless of jurisdictional order in which they practice, the cost may be entitled to assume the Department of Justice. In these cases, sets amounts as the Department may advance to the professional or once they have completed the survey and before the final decision in terminating the proceedings. To set these amounts have been taken into account the scales that were established in Circular 2 / 2003, which have been revised and increased, and have been related to the cost and difficulty that on average, the different kinds of expertise, while taking into account the rates applied other autonomous communities with competence in the field. This system does not preclude the possibility that the professionals at the end of the procedure and provided that a court's ruling on costs, to present the minutes of fees for levying the tax just created by the costs, refund the Department of Justice will have advanced.
Thus, we conclude that the main objective of this Order is twofold: first, ensure the provision of expert services if they have to be in charge of the administration, with respect to the principles of attachment to budgets under the rational use of public resources, and, second, guarantee and collection of their professional work without waiting until the court proceedings.
To achieve the effectiveness of the provisions of this Order has deemed it appropriate to make available to the courts, in accordance with legal provisions, a list of experts and experts available to act as provided in this Order.
Therefore, in accordance with Article 12.d) of Law 13/1989 of 14 December, organizational, procedural and legal framework for the Administration of the Generalitat of Catalonia, and according to the opinion of the Legal Adviser,
Order:
Article 1 - Scope
1.1 This Order is applicable to the surveys conducted before a judicial body based in Catalonia whose cost may be entitled to assume the Department of Justice and have been agreed in those legal proceedings in which the recognition of the right to free legal assistance in criminal matters and also they have been agreed officially by the court or judge or the court or at the request of the prosecution.
also applies to surveys that the public prosecutor ordered directly during the preliminary proceedings in the field of Law criminal liability of minors or the phase of pre-trial investigation.
1.2 It is excluded from the scope of this Order, the surveys that have been agreed upon request, have not recognized the right to legal aid, which must be borne by the parties and are subject to regulation by the procedural law .
1.3 The experts and experts must be able to make the expert reports that were commissioned in the language they are asked, without any undue delay or lack of defense due to the language used.
Article 2 - expertise that have made or officials or government affiliated bodies 2.1 The
public officials or officers or technical bodies of public administration who instructs an expert that can be included among the activities that are assigned as such not entitled to claim fees for expert service provided, but they do have, where appropriate, the following rights:
a) are compensation from the expenditure on travel and subsistence that might cause the expert's report. To this end, the costs should compensate damages by reason of service, which should be in charge of the administrative body within whose jurisdiction the expert or experts, in accordance with established rules applicable to him.
b), are provided prior to the completion of the survey, the material means necessary to practice the expert service that have been charged.
2.2 If the Department of Justice has taken over some of the costs established in the previous section, once paid the same, the management or local services for the Department of Justice have to ask the judicial secretary that once the procedure, if not given the assumptions listed under Article 4, make the necessary steps to reinstate the Justice Department the amount.
Article 3 - Lists of experts and private experts
3.1 Without prejudice to the list of experts and experts that the Department of Justice makes available to the courts, so they can act in accordance with the provisions of Articles 341 and following of the Civil Procedure Act, the Department of Justice periodically has to run at least on an annual basis, professional bodies or, where appropriate, to similar entities in schools and cultural and scientific institutions, as well as unions, associations and appropriate in the case of matters not included in official titles, so that they develop a specific list of professionals available to conduct the survey, in cases and conditions imposed by this Order.
3.2 This specific list be provided to the courts via electronic means.
Article 4 - Assumptions for the Department of Justice to take over the cost of expert
4.1 The Department of Justice is obliged to take over the payment of expert agreed in the course of a judicial process when it is declared by a final decision any of the cases referred to in paragraph 4.4 of this article.
court 4.2 In the social field, the payment of the expert only has to match the Department of Justice in the cases referred to in paragraph 4.4.2 of this article, provided that the person working or receiving Social Security has formally requested the right to legal aid and has been obtained. 3.4
also be taken into account the possible limitations of the right to benefits that are contained in the resolution that declares, in accordance with Article 5 of Law No. 1 / 1996 of January 10, attendance legal aid.
4.4 The Department of Justice will be responsible for payment of expert witness in the following cases: 4.4.1 In the field
criminal court:
a) When declaring the costs of trade.
Apart from the assumptions of costs affirmation of office, also means officially declared when it issued an order that the proceedings or free or temporary dismissal without express pronouncement on costs. In this case, the Justice Department must pay the full amount of the expert agreed by the court or judge, ex officio or at the request of the prosecution.
In the event that one party holds the right to legal aid or have been declared insolvent, the Justice Department will take charge of the surveys that it has agreed to a court or judge to request, provided that no any amount received in litigation. If you have obtained any amount, but this is less than three times the amount of the costs incurred in their defense, the Department of Justice must pay a percentage of the amount of expertise to be obtained pursuant to Article 36.3 of Law 1 / 1996 of January 10, legal aid.
b) When several persons indicted and ordered to pay one of them holds the right to legal aid or declares bankruptcy.
In this case, the Justice Department must pay the proportional share to the owner the right to legal aid, set by resolution terminating the cause of the expert opinions that the court or judge has agreed, either motion or on application by the prosecutor, or at the request of the owner of the right. If the person holding the right improving the economic situation in the three years following the end of the procedure, under the terms set out in Article 36.2 of Law 1 / 1996 of January 10, legal aid, is required to refund the amount of expertise that Department of Justice has paid.
c) If the party ordered to pay costs holds the right to legal aid or is declared insolvent.
In this case, the Justice Department must pay the full amount of the expert opinions that the court or judge has ordered ex officio or at the request of the Public Prosecutor at the request of the owner of the right. If the person holding the right situation improves economy within three years following completion of the procedure, under the terms set out in Article 36.2 of Law 1 / 1996 of January 10, legal aid, is required to refund the amount of surveys that the Department of Justice has paid.
4.4.2 In other areas the courts:
a) If the party ordered to pay costs is entitled to the right to legal aid.
In this case, the Justice Department must pay the full amount of the expert opinions that the judge or the judge or court has ordered ex officio or at the request of the Public Prosecutor at the request of the owner of the right. If the person holding the right improves the economic situation in the three years following the end of the procedure, in the terms set out in Article 36.2 of Law 1 / 1996 of January 10, legal aid, is required to refund the amount of expert the Department of Justice has paid.
b) When there is no express decision on costs and the person holding the right to legal aid has not received any amount in the lawsuit.
In this case, the Justice Department must pay the corresponding amount in respect of costs incurred in defense expertise of the person holding the right to legal aid.
c) When no ruling explicit about the costs and the person holding the right to legal aid in proceedings has expired, but what he has achieved is less than three times the amount of the costs incurred in their defense.
In this case, the Justice Department has to pay the corresponding amount in respect of costs incurred in defense expertise of the person holding the right to legal aid in the corresponding percentage after completion of the assessment provided for in Article 36.3 of Law 1 / 1996 of January 10, legal aid.
Both in this case as above, are seen as costs in respect of surveys due to the defense of the recipient as follows: the proportion of common costs incurred as a result of the surveys that the judge or judge has agreed to trade or, where appropriate, at the request of the prosecution, and the full amount of the expert ordered by the court or judge at the request of the beneficiary.
4.5 The Justice Department also must pay the expert that the prosecution has agreed during the preliminary proceedings in the field of Law of criminal liability of minors or the phase of pre-trial investigation, provided that according to the criteria in the previous section and the procedural law applicable, they are not to be borne by the parties.
Article 5 - Surveys agreed in an enforcement proceeding
The expert whose amount can be satisfied by the amount obtained in the process of implementation are not under the Department of Justice. If the amount collected is insufficient, the Justice Department must pay the appropriate meeting, if any, to the owner the right to legal aid and also in social law, the insolvent person with the limits established in the Annex to this order, as the subject of expert opinion. In the event of insolvency of the social law for the payment of these surveys is required for certificate bankruptcy court all or part of the executed.
Article 6 - Advance payment of expert witness
The Justice Department can bring forward the payment of expert witness included in the scope of Article 1, pursuant to and in accordance with the criteria listed below:
to ) The Justice Department can bring forward the payment of the expert after expert or expert has produced and delivered an expert opinion for the court or, where appropriate, to the Department.
b) The managers and regional services of the Justice Department can bring forward the payment of the expert for an amount within the ranges set out in Annex, according to the subject of expert opinion. Within these ranges, the management and local services can assess and encourage the reduction of the minutes of the experts' fees and experts have submitted, depending on the difficulty of the expert.
Nevertheless, expert or adept, once the procedure is completed by a final judicial decision, may file a new bill for professional fees to be paid, if any, by the party ordered to pay costs. If the recipient is ordered to pay costs of the right to legal aid must pay the bill only if their economic situation improved in three years following the termination of proceedings on the terms established by Article 36.2 of Law 1 / 1996 of January 10, legal aid.
Once the party required to pay the costs for implementation of the amount of expertise, follow the procedures provided in Article 7.6.
c) In the fixed prices are inclusive of VAT and other taxes applicable as well as all costs incurred by the issuance of the expert, including transfers and court appearances of the expert or experts, if appropriate.
d) The Department of Justice in any case they must pay provision of funds to designated expert or experts.
e) In certain circumstances, the Department of Justice may authorize payment of the bill exceeds surveys amounts set out in Annex. These must meet one or more of the following requirements:
1. That expertise consists in assessing a large number of objects, where this appears particularly complex.
2. That for the expert opinion is necessary to use media and they are particularly expensive and can not be understood as usual. In these cases, the Justice Department may advance the costs necessary to implement the ruling.
3. That, given the nature of the object of opinion, it entails a complex instrument and / or is not possible or by analogy to include the subject of the opinion in any of the categories and prices listed in the Annex.
In all these cases, the technician or private art must necessarily refer to the managers or the territorial services of the Department of Justice to apply for approval, a forecast of the economic cost of the survey, which should include the following:
1. Estimated time to complete the survey and assessment of cost per hour.
2. Extraordinary expenses to do so.
3. Copy of court order or disposition of the prosecution for which the expert is entrusted.
The managements and territorial services of the Department of Justice must obtain a reasoned report of the Judge or the court has ordered the expertise, or, if applicable, the legal secretary or prosecutor.
up to the managers and territorial services of the Department of Justice to approve or deny reasoned forecast economic cost of the survey, provided that no more than 1,500 euros. In case the budget exceeds 1,500 euros expertise, to approve, prior authorization is required from the General Office of Judicial Support Resources Department of the Administration of Justice.
The fee note shall conform to the forecast cost, approved in accordance with the foregoing. Where
to be dispensed all or part of the procedure, the Justice Department paid only the amounts set forth in the Annex, as the subject of expert opinion.
Article 7 - Payment Processing and documentation
7.1 The Department of Justice must approve the forms necessary to submit payment for the surveys covered by this Order. These forms can be obtained from the managers and territorial services of the Department of Justice court offices and through the web of the Administration of Justice and other websites and / or applications to be determined by the Department of Justice. In these places also reports on the requisite documentation that must accompany the application for payment of professional fees, if any, of compensation by reason of service, to be processed.
7.2 The payment should be handled mainly through the application that enable the Justice Department to that effect.
7.3 The expert or experts should begin processing the payment provided in this Order within three months from the delivery of expert opinion. Beyond this period, the expert or experts must wait until the legal proceedings end with a final decision to claim, if applicable, payment of expertise to the Department of Justice.
7.4 The Managers or the relevant local services should communicate promptly to the court or tribunal that has paid the expert to the expert or experts for purposes of taxation and regulation of the costs concerned.
7.5 Once the procedure is completed, the court secretary must provide the management or the territorial services of the Department of Justice for a certificate stating that the judicial procedure has been completed by a final judicial decision, indicating whether they meet or cases not provided for in Article 4.
7.6 If you have advance payment of expertise, but one after sentence there are no assumptions set forth in Article 4, when the party required to pay cleared the amount of expertise, the secretary of the tribunal or court costs and adjust taxe shall order the entry of the amounts advanced in restricted revenue account no. 2100.0679.11.0200493175 Department of Justice. The justice secretary must notify the revenue earned in management or relevant local services, specify the concept and record the proceedings in question.
If for any reason, the expert or experts would have received if the expertise required to pay the bill for professional fees, having received the amount previously advanced expertise, must return the advance amount by the Department of Justice, entered in the account of the Justice Department and submit proof of such income to the management or relevant local services, which shall specify the concept and record the proceedings in question.
7.7 In the event that no payment has been processed in advance of judicial expertise, once the legal proceedings, expert or expert witness must provide the management or local services for the Department of Justice, together with the application of fertilizer of expertise, a certificate of the clerk or court clerk stating that the judicial procedure has been completed by a final court decision and under the assumption under Article 4 for the Department of Justice shall bear the cost of legal expertise, plus the documentation referred to in this article.
Article 8 - Inhibition of court for another court or tribunal
The surveys that have been agreed by judges or judges who have subsequently been inhibited from the case in favor of another court or tribunal should be handled by that court. In case of inhibition for courts outside of Catalonia, the Justice Department will not pay the amount of these surveys.
Article 9 - Training
The Department of Justice, through the Center for Legal Studies and Specialized Training, should promote educational activities on issues related to expert witness, and the related payment.
can also work with professional associations and other entities in the training activities conducted in these areas. Additional provision
Within two months from the publication of this Order, professional associations and other entities referred to in Article 3 should provide the Department of Justice lists of professionals willing to act as expert witnesses and expert witnesses when the judge or judge the / the call, either automatically or at the request of the prosecution or at the request of a party that has recognized the right to legal aid, as laid down in this Order. Following receipt of these lists, the Department of Justice has to be provided to the courts. First
Transitional Claims of judicial expertise for appointments made before the entry into force of this Order shall be governed by Circular 2 / 2003 of April 23, the Directorate General for Relations with the Administration of Justice, for payment of the expert witness. If the appointment of professional or occurs after the entry into force of this Order, it shall apply to the request for payment. Second
While the courts and professional or do not have the means to arrange the payment of expert witness by the application that has enabled the Department of Justice, requests for payment of expert witness may be submitted in paper with managements and territorial services of the Department of Justice for, and use the same forms for this purpose under Article 7.1. Repeal
This Order repeals Circular 2 / 2003, dated April 23, the Directorate General for Relations with the Administration of Justice, for payment of the expert witness. Final provisions
First
is empowered the secretary for Relations with the Administration of Justice to issue circulars and instructions necessary for the development, effectiveness and enforcement of the provisions of this Order, in particular, to approve the forms necessary for payment processing and expert opinions to regulate the lists of specific experts and experts referred to in Article 3.
also warranted to the director general of Resources Administration of Justice to periodically review the types and amounts of the expert witness referred to in the Annex, in accordance with the needs that arise and according to the available budget . Second
This order shall into force three months after its publication in the Official Journal of the Generalitat de Catalunya.
Barcelona, \u200b\u200bSeptember 17, 2009
Montserrat Tura - Minister of Justice
Annex - Table of fee rates depending on the subject of expert opinion:
- Movable property, vehicles, jewelry and precious objects: from 40 euros to 65 euros
- Damage to property: from 70 euros to 100 euros
- Industrial machinery: from 210 euros to 300 euros
- Antiques and art: from 210 euros to 300 euros
- Electronics, IT and telecommunications: from 210 euros to 300
euros - Audit and Business Value: EUR 420 to EUR 600
- Medical reports, psychological and health professionals: from 350 euros to 500 euros
- Checks topographic, construction: from 280 euros to 400 euros
- Expert caligràfiques: 210 euros to 300 euros
- Reviews real estate, mortgage: 210 euros to 300
euros - Environmental: from 280 euros to 400 euros
The Statute of Autonomy of Catalonia 2006, under Title III (. Judicial power in Catalonia.) Establishes, in Chapter III, the powers of the Government on the administration of justice.
Among these responsibilities are the material means for the administration of justice in Catalonia (Article 104) and on the organization of legal aid services and legal advice free of charge (Article 106).
With the force of the Statute of Autonomy of Catalonia of 1979, and by the Royal Decree 966/1990 of 20 July, and 409/1996 of 1 March, was transferred from the Administration State of the Generalitat of Catalonia functions in the provision of material and financial means for the functioning of the Administration of Justice and prosecutors' offices, among which include the payment of compensation for expert witnesses and expert witnesses in court of justice based in Catalonia. The functions and services that were attributed at the time the Justice Department by Decree 129/1996 of 16 April. More recently, Article 3.7.) Decree 421/2006 of 28 November on the creation, naming and determining the jurisdiction of the departments of the Generalitat of Catalonia attributed to the Department of Justice functions related to the administration of justice in Catalonia.
Article 473.1 of Law 6 / 1985 of 1 July, the Judiciary, as amended by Organic Law 19/2003 of December 23 states that may serve in the administration of justice personnel other government official that an occasional or permanent, is necessary to assist in the development of specific activities that are not themselves the bodies of officials working for the administration of justice and which require technical or specialized knowledge. Thus, the judge or judges and justices can be appointed as an expert or proficient staff or officers, or technical services agencies dependent on public administrations, as required by Article 465 of the Criminal Procedure Act are not entitled to claim fees, without prejudice to the compensation awarded to them, that in accordance with Royal Decree 462/2002 of 24 May on the grounds of the service payments are charged to the budget appropriation allocated to the Ministry or body of which the expert or experts.
addition, Law 1 / 1996 of January 10, legal aid, taking into account the possibility of using public resources for providing expert opinion on the Organic Law of Judicial Power, and order to combine, in one hand, access of all citizens to effective judicial protection and secondly, the rationalization in the use of public resources in its Article 6.6 states that the general rule should be that the expert will by technical staff attached to the courts, the civil service, agencies or technical services dependent on government, and that, exceptionally and when for lack of technicians or technical matter can not be expert assistance by experts or expert dependent on the courts or public authorities, the survey can be carried out if the judge or court considers it appropriate in a reasoned decision, by private or techniques.
In this sense, Law 1 / 2000, dated Jan. 7, Civil Procedure, established new rules of court procedure to appoint experts or experts, according to which the various professional bodies, institutions and academies similar and cultural and scientific institutions must submit annually to the courts a list of members willing to act as experts or legal experts.
Meanwhile, following the entry into force of Law 38/2002 of October 24, partial reform of the Criminal Procedure Act, on the procedure for the rapid and immediate prosecution of certain crimes and misdemeanors, and amending the simplified procedure and in accordance with paragraph 3 of its first final provision, the Justice Department drafted a specific list of technical and professional and technical arrangement to act immediately to the police courts to hold the so-called speedy trials, and made the prepayment of such surveys, to ensure expert assistance in these procedures.
Thus, the General Directorate of Relations with the Administration of Justice approved a new circular, Circular 2 / 2003, dated April 23 on the payment of expert witness, which introduced, inter alia, setting a maximum amounts for prepayment of certain types of surveys, with which guarantee the one hand, providing expert service to the courts and, second, the rational use of public resources.
After the time elapsed since the entry into force of the Circular 2 / 2003, the Justice Department has raised the need to take a step forward in improving the service and at the same time, combining the legitimate interests of the experts and proficient and the obligation of the Administration to use public resources available as efficiently as possible. It was therefore decided to extend the range of legal expertise capable of prepayment and apply it to all those surveys, regardless of jurisdictional order in which they practice, the cost may be entitled to assume the Department of Justice. In these cases, sets amounts as the Department may advance to the professional or once they have completed the survey and before the final decision in terminating the proceedings. To set these amounts have been taken into account the scales that were established in Circular 2 / 2003, which have been revised and increased, and have been related to the cost and difficulty that on average, the different kinds of expertise, while taking into account the rates applied other autonomous communities with competence in the field. This system does not preclude the possibility that the professionals at the end of the procedure and provided that a court's ruling on costs, to present the minutes of fees for levying the tax just created by the costs, refund the Department of Justice will have advanced.
Thus, we conclude that the main objective of this Order is twofold: first, ensure the provision of expert services if they have to be in charge of the administration, with respect to the principles of attachment to budgets under the rational use of public resources, and, second, guarantee and collection of their professional work without waiting until the court proceedings.
To achieve the effectiveness of the provisions of this Order has deemed it appropriate to make available to the courts, in accordance with legal provisions, a list of experts and experts available to act as provided in this Order.
Therefore, in accordance with Article 12.d) of Law 13/1989 of 14 December, organizational, procedural and legal framework for the Administration of the Generalitat of Catalonia, and according to the opinion of the Legal Adviser,
Order:
Article 1 - Scope
1.1 This Order is applicable to the surveys conducted before a judicial body based in Catalonia whose cost may be entitled to assume the Department of Justice and have been agreed in those legal proceedings in which the recognition of the right to free legal assistance in criminal matters and also they have been agreed officially by the court or judge or the court or at the request of the prosecution.
also applies to surveys that the public prosecutor ordered directly during the preliminary proceedings in the field of Law criminal liability of minors or the phase of pre-trial investigation.
1.2 It is excluded from the scope of this Order, the surveys that have been agreed upon request, have not recognized the right to legal aid, which must be borne by the parties and are subject to regulation by the procedural law .
1.3 The experts and experts must be able to make the expert reports that were commissioned in the language they are asked, without any undue delay or lack of defense due to the language used.
Article 2 - expertise that have made or officials or government affiliated bodies 2.1 The
public officials or officers or technical bodies of public administration who instructs an expert that can be included among the activities that are assigned as such not entitled to claim fees for expert service provided, but they do have, where appropriate, the following rights:
a) are compensation from the expenditure on travel and subsistence that might cause the expert's report. To this end, the costs should compensate damages by reason of service, which should be in charge of the administrative body within whose jurisdiction the expert or experts, in accordance with established rules applicable to him.
b), are provided prior to the completion of the survey, the material means necessary to practice the expert service that have been charged.
2.2 If the Department of Justice has taken over some of the costs established in the previous section, once paid the same, the management or local services for the Department of Justice have to ask the judicial secretary that once the procedure, if not given the assumptions listed under Article 4, make the necessary steps to reinstate the Justice Department the amount.
Article 3 - Lists of experts and private experts
3.1 Without prejudice to the list of experts and experts that the Department of Justice makes available to the courts, so they can act in accordance with the provisions of Articles 341 and following of the Civil Procedure Act, the Department of Justice periodically has to run at least on an annual basis, professional bodies or, where appropriate, to similar entities in schools and cultural and scientific institutions, as well as unions, associations and appropriate in the case of matters not included in official titles, so that they develop a specific list of professionals available to conduct the survey, in cases and conditions imposed by this Order.
3.2 This specific list be provided to the courts via electronic means.
Article 4 - Assumptions for the Department of Justice to take over the cost of expert
4.1 The Department of Justice is obliged to take over the payment of expert agreed in the course of a judicial process when it is declared by a final decision any of the cases referred to in paragraph 4.4 of this article.
court 4.2 In the social field, the payment of the expert only has to match the Department of Justice in the cases referred to in paragraph 4.4.2 of this article, provided that the person working or receiving Social Security has formally requested the right to legal aid and has been obtained. 3.4
also be taken into account the possible limitations of the right to benefits that are contained in the resolution that declares, in accordance with Article 5 of Law No. 1 / 1996 of January 10, attendance legal aid.
4.4 The Department of Justice will be responsible for payment of expert witness in the following cases: 4.4.1 In the field
criminal court:
a) When declaring the costs of trade.
Apart from the assumptions of costs affirmation of office, also means officially declared when it issued an order that the proceedings or free or temporary dismissal without express pronouncement on costs. In this case, the Justice Department must pay the full amount of the expert agreed by the court or judge, ex officio or at the request of the prosecution.
In the event that one party holds the right to legal aid or have been declared insolvent, the Justice Department will take charge of the surveys that it has agreed to a court or judge to request, provided that no any amount received in litigation. If you have obtained any amount, but this is less than three times the amount of the costs incurred in their defense, the Department of Justice must pay a percentage of the amount of expertise to be obtained pursuant to Article 36.3 of Law 1 / 1996 of January 10, legal aid.
b) When several persons indicted and ordered to pay one of them holds the right to legal aid or declares bankruptcy.
In this case, the Justice Department must pay the proportional share to the owner the right to legal aid, set by resolution terminating the cause of the expert opinions that the court or judge has agreed, either motion or on application by the prosecutor, or at the request of the owner of the right. If the person holding the right improving the economic situation in the three years following the end of the procedure, under the terms set out in Article 36.2 of Law 1 / 1996 of January 10, legal aid, is required to refund the amount of expertise that Department of Justice has paid.
c) If the party ordered to pay costs holds the right to legal aid or is declared insolvent.
In this case, the Justice Department must pay the full amount of the expert opinions that the court or judge has ordered ex officio or at the request of the Public Prosecutor at the request of the owner of the right. If the person holding the right situation improves economy within three years following completion of the procedure, under the terms set out in Article 36.2 of Law 1 / 1996 of January 10, legal aid, is required to refund the amount of surveys that the Department of Justice has paid.
4.4.2 In other areas the courts:
a) If the party ordered to pay costs is entitled to the right to legal aid.
In this case, the Justice Department must pay the full amount of the expert opinions that the judge or the judge or court has ordered ex officio or at the request of the Public Prosecutor at the request of the owner of the right. If the person holding the right improves the economic situation in the three years following the end of the procedure, in the terms set out in Article 36.2 of Law 1 / 1996 of January 10, legal aid, is required to refund the amount of expert the Department of Justice has paid.
b) When there is no express decision on costs and the person holding the right to legal aid has not received any amount in the lawsuit.
In this case, the Justice Department must pay the corresponding amount in respect of costs incurred in defense expertise of the person holding the right to legal aid.
c) When no ruling explicit about the costs and the person holding the right to legal aid in proceedings has expired, but what he has achieved is less than three times the amount of the costs incurred in their defense.
In this case, the Justice Department has to pay the corresponding amount in respect of costs incurred in defense expertise of the person holding the right to legal aid in the corresponding percentage after completion of the assessment provided for in Article 36.3 of Law 1 / 1996 of January 10, legal aid.
Both in this case as above, are seen as costs in respect of surveys due to the defense of the recipient as follows: the proportion of common costs incurred as a result of the surveys that the judge or judge has agreed to trade or, where appropriate, at the request of the prosecution, and the full amount of the expert ordered by the court or judge at the request of the beneficiary.
4.5 The Justice Department also must pay the expert that the prosecution has agreed during the preliminary proceedings in the field of Law of criminal liability of minors or the phase of pre-trial investigation, provided that according to the criteria in the previous section and the procedural law applicable, they are not to be borne by the parties.
Article 5 - Surveys agreed in an enforcement proceeding
The expert whose amount can be satisfied by the amount obtained in the process of implementation are not under the Department of Justice. If the amount collected is insufficient, the Justice Department must pay the appropriate meeting, if any, to the owner the right to legal aid and also in social law, the insolvent person with the limits established in the Annex to this order, as the subject of expert opinion. In the event of insolvency of the social law for the payment of these surveys is required for certificate bankruptcy court all or part of the executed.
Article 6 - Advance payment of expert witness
The Justice Department can bring forward the payment of expert witness included in the scope of Article 1, pursuant to and in accordance with the criteria listed below:
to ) The Justice Department can bring forward the payment of the expert after expert or expert has produced and delivered an expert opinion for the court or, where appropriate, to the Department.
b) The managers and regional services of the Justice Department can bring forward the payment of the expert for an amount within the ranges set out in Annex, according to the subject of expert opinion. Within these ranges, the management and local services can assess and encourage the reduction of the minutes of the experts' fees and experts have submitted, depending on the difficulty of the expert.
Nevertheless, expert or adept, once the procedure is completed by a final judicial decision, may file a new bill for professional fees to be paid, if any, by the party ordered to pay costs. If the recipient is ordered to pay costs of the right to legal aid must pay the bill only if their economic situation improved in three years following the termination of proceedings on the terms established by Article 36.2 of Law 1 / 1996 of January 10, legal aid.
Once the party required to pay the costs for implementation of the amount of expertise, follow the procedures provided in Article 7.6.
c) In the fixed prices are inclusive of VAT and other taxes applicable as well as all costs incurred by the issuance of the expert, including transfers and court appearances of the expert or experts, if appropriate.
d) The Department of Justice in any case they must pay provision of funds to designated expert or experts.
e) In certain circumstances, the Department of Justice may authorize payment of the bill exceeds surveys amounts set out in Annex. These must meet one or more of the following requirements:
1. That expertise consists in assessing a large number of objects, where this appears particularly complex.
2. That for the expert opinion is necessary to use media and they are particularly expensive and can not be understood as usual. In these cases, the Justice Department may advance the costs necessary to implement the ruling.
3. That, given the nature of the object of opinion, it entails a complex instrument and / or is not possible or by analogy to include the subject of the opinion in any of the categories and prices listed in the Annex.
In all these cases, the technician or private art must necessarily refer to the managers or the territorial services of the Department of Justice to apply for approval, a forecast of the economic cost of the survey, which should include the following:
1. Estimated time to complete the survey and assessment of cost per hour.
2. Extraordinary expenses to do so.
3. Copy of court order or disposition of the prosecution for which the expert is entrusted.
The managements and territorial services of the Department of Justice must obtain a reasoned report of the Judge or the court has ordered the expertise, or, if applicable, the legal secretary or prosecutor.
up to the managers and territorial services of the Department of Justice to approve or deny reasoned forecast economic cost of the survey, provided that no more than 1,500 euros. In case the budget exceeds 1,500 euros expertise, to approve, prior authorization is required from the General Office of Judicial Support Resources Department of the Administration of Justice.
The fee note shall conform to the forecast cost, approved in accordance with the foregoing. Where
to be dispensed all or part of the procedure, the Justice Department paid only the amounts set forth in the Annex, as the subject of expert opinion.
Article 7 - Payment Processing and documentation
7.1 The Department of Justice must approve the forms necessary to submit payment for the surveys covered by this Order. These forms can be obtained from the managers and territorial services of the Department of Justice court offices and through the web of the Administration of Justice and other websites and / or applications to be determined by the Department of Justice. In these places also reports on the requisite documentation that must accompany the application for payment of professional fees, if any, of compensation by reason of service, to be processed.
7.2 The payment should be handled mainly through the application that enable the Justice Department to that effect.
7.3 The expert or experts should begin processing the payment provided in this Order within three months from the delivery of expert opinion. Beyond this period, the expert or experts must wait until the legal proceedings end with a final decision to claim, if applicable, payment of expertise to the Department of Justice.
7.4 The Managers or the relevant local services should communicate promptly to the court or tribunal that has paid the expert to the expert or experts for purposes of taxation and regulation of the costs concerned.
7.5 Once the procedure is completed, the court secretary must provide the management or the territorial services of the Department of Justice for a certificate stating that the judicial procedure has been completed by a final judicial decision, indicating whether they meet or cases not provided for in Article 4.
7.6 If you have advance payment of expertise, but one after sentence there are no assumptions set forth in Article 4, when the party required to pay cleared the amount of expertise, the secretary of the tribunal or court costs and adjust taxe shall order the entry of the amounts advanced in restricted revenue account no. 2100.0679.11.0200493175 Department of Justice. The justice secretary must notify the revenue earned in management or relevant local services, specify the concept and record the proceedings in question.
If for any reason, the expert or experts would have received if the expertise required to pay the bill for professional fees, having received the amount previously advanced expertise, must return the advance amount by the Department of Justice, entered in the account of the Justice Department and submit proof of such income to the management or relevant local services, which shall specify the concept and record the proceedings in question.
7.7 In the event that no payment has been processed in advance of judicial expertise, once the legal proceedings, expert or expert witness must provide the management or local services for the Department of Justice, together with the application of fertilizer of expertise, a certificate of the clerk or court clerk stating that the judicial procedure has been completed by a final court decision and under the assumption under Article 4 for the Department of Justice shall bear the cost of legal expertise, plus the documentation referred to in this article.
Article 8 - Inhibition of court for another court or tribunal
The surveys that have been agreed by judges or judges who have subsequently been inhibited from the case in favor of another court or tribunal should be handled by that court. In case of inhibition for courts outside of Catalonia, the Justice Department will not pay the amount of these surveys.
Article 9 - Training
The Department of Justice, through the Center for Legal Studies and Specialized Training, should promote educational activities on issues related to expert witness, and the related payment.
can also work with professional associations and other entities in the training activities conducted in these areas. Additional provision
Within two months from the publication of this Order, professional associations and other entities referred to in Article 3 should provide the Department of Justice lists of professionals willing to act as expert witnesses and expert witnesses when the judge or judge the / the call, either automatically or at the request of the prosecution or at the request of a party that has recognized the right to legal aid, as laid down in this Order. Following receipt of these lists, the Department of Justice has to be provided to the courts. First
Transitional Claims of judicial expertise for appointments made before the entry into force of this Order shall be governed by Circular 2 / 2003 of April 23, the Directorate General for Relations with the Administration of Justice, for payment of the expert witness. If the appointment of professional or occurs after the entry into force of this Order, it shall apply to the request for payment. Second
While the courts and professional or do not have the means to arrange the payment of expert witness by the application that has enabled the Department of Justice, requests for payment of expert witness may be submitted in paper with managements and territorial services of the Department of Justice for, and use the same forms for this purpose under Article 7.1. Repeal
This Order repeals Circular 2 / 2003, dated April 23, the Directorate General for Relations with the Administration of Justice, for payment of the expert witness. Final provisions
First
is empowered the secretary for Relations with the Administration of Justice to issue circulars and instructions necessary for the development, effectiveness and enforcement of the provisions of this Order, in particular, to approve the forms necessary for payment processing and expert opinions to regulate the lists of specific experts and experts referred to in Article 3.
also warranted to the director general of Resources Administration of Justice to periodically review the types and amounts of the expert witness referred to in the Annex, in accordance with the needs that arise and according to the available budget . Second
This order shall into force three months after its publication in the Official Journal of the Generalitat de Catalunya.
Barcelona, \u200b\u200bSeptember 17, 2009
Montserrat Tura - Minister of Justice
Annex - Table of fee rates depending on the subject of expert opinion:
- Movable property, vehicles, jewelry and precious objects: from 40 euros to 65 euros
- Damage to property: from 70 euros to 100 euros
- Industrial machinery: from 210 euros to 300 euros
- Antiques and art: from 210 euros to 300 euros
- Electronics, IT and telecommunications: from 210 euros to 300
euros - Audit and Business Value: EUR 420 to EUR 600
- Medical reports, psychological and health professionals: from 350 euros to 500 euros
- Checks topographic, construction: from 280 euros to 400 euros
- Expert caligràfiques: 210 euros to 300 euros
- Reviews real estate, mortgage: 210 euros to 300
euros - Environmental: from 280 euros to 400 euros
- expertise agreed social performances: from 110 euros to 150 euros
What Kind Of Headbands Do Soccer Players Use
pagamento a càrrec dels and Judicial peritatges the Department of Justice of the Generalitat de Catalunya (Catalan text)
pagamento Ordre on a càrrec dels and Judicial peritatges the Department of Justice of the Generalitat Catalunya (419/2009, 17 de setembre)
L'Statute of Autonomy of Catalonia 2006, Dins the títol III (. Judicial power Catalonia.) lays down in Chapter III, the powers of the Government on the administration of justice.
Among these skills are relevant to the material resources of the Administration of Justice in Catalonia (Article 104) and on the organization of legal aid services and legal advice free of charge (Article 106).
With the validity of the Statute of Autonomy of Catalonia 1979, and by the Royal Decrees 966/1990 of 20 July, and 409/1996 of 1 March, were transferred from the Administration of State Generalitat of Catalonia on the functions of providing material and cheap for running the administration of justice and prosecution, which include payment of awards for experts and experts in the courts of justice based in Catalonia. The functions and services that were attributed to his day in the Justice Department by Decree 129/1996 of 16 April. More recently, Article 3.7.a) of Decree 421/2006 of 28 November on the creation, naming and determining the scope of authority of the departments of the Generalitat of Catalonia attributed to the Justice Department related to the functions Administration of Justice in Catalonia.
Article 473.1 of the Act 6 / 1985 of 1 July, the judiciary, the wording provided in Organic Law 19/2003 of 23 December, which may have served in the administration of justice in civil servants from other administrations that, on an occasional or permanent, it is necessary to assist in the development of specific activities than those of the civil service bodies in the administration of justice and which require technical knowledge or expertise. Thus, judges and magistrates or judges or judge may appoint as an expert witness or expert officials or civil servants, government departments or subsidiaries of public administrations that, as Article 465 of the Criminal Procedure Act, have no right to claim fees, notwithstanding that the appropriate compensation, which, in accordance with Royal Decree 462/2002 of 24 May on compensation by reason of service, are in charge of budgetary provision allocated to the Ministry or agency that belongs expert or experts.
Likewise, Act 1 / 1996 of January 10, legal aid, taking into account the possibility of utilization of public resources provided to appraise the Organic Law of the judiciary, and in order to combine, one hand, access for all citizens to judicial protection effective and, secondly, rationalizing the use of public resources, Article 6.6 states that the rule should be that the appraisals go by the technical staff the courts, the civil service bodies or technical services dependent on government, and that only exceptionally and when lack of technicians in the field is not possible for the expert assistance of experts or expert dependent courts or public administration, appraisal can conducted if the judge or judge or court considers it appropriate resolution through reasoned by private technicians.
In this regard, Act 1 / 2000 of 7 January, Civil Procedure, established a new regulatory procedure for judicially appointed expert or experts, according to which the various professional associations, the similar organizations and academies and cultural and scientific institutions must submit annually to the courts a list of members willing to act as experts or expert judgments.
Meanwhile, following the entry into force of Law 38/2002 of 24 October, partial reform of the Criminal Procedure Act, the procedure for the rapid and immediate prosecution of certain Crime and misdemeanors, and modification of the abbreviated procedure and in compliance with paragraph 3 of his first final provision, the Justice Department drafted a specific list of professionals and technicians willing to act immediately before the courts duty to hold the so-called quick trials, and introduced the advanced payment of such surveys, to ensure expert assistance in such procedures.
Thus, the General Directorate for Relations with the Administration of Justice approved a new circular, Circular 2 / 2003 of 23 April concerning the payment of legal appraisals, which introduced, among other measures, fixing a maximum amount for prepayment of certain types of appraisals, which guarantees, on one hand, the provision of appraisals for courts and the other, the rational use of public resources.
After the time elapsed since the entry into force of Circular 2 / 2003, the Justice Department has raised the need to step forward to improve the service, while combining the legitimate interests of experts and experts from the Administration and the obligation to use public resources available as efficiently as possible. For this, we decided to expand the range of advance payment subject to judicial appraisals and make it extend to all surveys, regardless of the jurisdiction in which they practice, the cost of which may be entitled to assume the Department of Justice. In these cases, some amounts that are set by the Department can advance the professional or have completed the survey once and fall before the final decision to end the legal proceedings. To set these numbers are taken into account that the standards established in Circular 2 / 2003, which have been reviewed and increased, and have been compared with the cost and difficulty on average different types of surveys, also take into account the standards that apply to other communities of this area. This system does not prevent the possibility that the professionals at the end of the procedure and provided that there is a pronouncement of the court in terms of costs, may submit the bill of fees they consider fair for its levy by coasts, while returning the amount that the Department of Justice has advanced.
Thus, we conclude that the main objective of this Order is twofold: first, ensure the provision of appraisals when they have to be borne by the Administration with respect to early attachment planned budgets and rational utilization of public resources and, secondly, to ensure the collection of professionals and their work without waiting to complete the legal proceedings.
To achieve the effectiveness of the provisions of this Order has been estimated to make available appropriate judicial organs in accordance with legal provisions, a list of appraisers and experts willing to act under the conditions laid this Order.
Therefore, in accordance with Article 12.d) of Law 13/1989 of 14 December, organization, procedures and legal administration of the Generalitat of Catalonia and of OK with the opinion of the Legal Advisory Commission,
Sort: Article 1
1.1 Scope This Order applies to appraisals made before judicial bodies located in Catalonia, the cost of which may be entitled to assume that the Department of Justice have been agreed upon in those proceedings which have recognized the right to legal aid, and in criminal matters also when they have been officially agreed by the judge or the judge or court or at the request of the Prosecutor.
also apply to surveys that the public prosecutor has ordered directly during the training procedure in the field Organic Law of the criminal responsibility of minors or in the research phase prior to criminal proceedings. 1.2
excluded from the scope of this Order the appraisals that have been agreed ex parte not have recognized the right to legal aid, which should be in charge of the parties and are subject to regulation by the procedural legislation.
1.3 experts and experts should be able to make the expert advice they entrusted to them in the language requested, without undue delay or helplessness may occur due to the language used. Article 2 Expert
officials who have made or officials or organs dependent on government officials or civil servants
2.1 or technical bodies of public administration who entrusted expertise that can be included among the activities assigned to them as such not entitled to claim fees concept in the expert service provided, but they do have, if any, the following rights:
a) they compensate the expense of travel and subsistence that may cause the completion of the survey. To this end, the costs should be compensated as compensation by reason of service, which should be in charge of the administrative body which depends the expert or expert, in accordance with established regulations that are applicable.
b) they provide, prior to the completion of appraisal, the material means necessary to practice the expert service they are responsible.
2.2 In case that the Justice Department has taken over some of the costs established in the previous section, once paid them, the respective managements or territorial services of the Department of Justice shall request the Secretary or judicial assistant, once the procedure, unless assumptions are provided as indicated in Article 4, take the appropriate steps to reimburse the Department de Justícia l'import corresponent.
Article 3
Llistes de perits i perites privats
3.1 Sens perjudici de la llista de perits i perites que el Departament de Justícia posa a disposició dels òrgans judicials, perquè puguin actuar d'acord amb el que estableixen els articles 341 i següents de la Llei d'enjudiciament civil, el Departament de Justícia s'ha de dirigir periòdicament, com a mínim amb caràcter anual, als col·legis professionals o, si s'escau, a entitats anàlogues, a acadèmies i institucions culturals i científiques, així com a sindicats, associacions i entitats apropiades en els casos de matèries no compreses en títols oficials, per tal que aquests elaborin una llista específica de professionals amb disposició per dur a terme el peritatge, en els supòsits i les condicions previstes en aquesta Ordre.
3.2 Aquesta llista específica s'ha de facilitar als òrgans judicials a través de mitjans telemàtics.
Article 4
Supòsits en què correspon al Departament de Justícia fer-se càrrec del cost dels peritatges
4.1 El Departament de Justícia està obligat a fer-se càrrec del pagament dels peritatges acordats en el curs d'un procés judicial quan es declara mitjançant una resolució ferma algun dels supòsits previstos a l'apartat 4.4 d'aquest article.
4.2 En l'àmbit jurisdiccional social, el pagament dels surveys should only be for the Department of Justice in the cases provided in section 4.4.2 above, provided that the worker or beneficiary of Social Security has formally requested the right to legal aid and has obtained. 4.3
also be taken into account the possible limitations of the right to benefits that the resolution containing the declaration, in accordance with the provisions of Article 5 of Act 1 / 1996 of 10 January, free legal aid.
4.4 The Department of Justice must take charge of payment of legal appraisals in the following circumstances: 4.4.1 In the field
criminal court:
a) When you declare the costs of trade.
In addition to the assumptions explicit statement of costs of office, also understood officially declared when filing Interlocutory dictates the actions or dismissal. Free or temporary. Without express pronouncement on costs. In this case, the Justice Department must pay the full amount of the appraisals by the judge or judge agreed, either automatically or at the request of the Prosecutor.
If a party is entitled to free legal aid or have been declared insolvent, the Justice Department should take care of our appraisals has agreed that the judge or judge in this instance, if no amount has not been obtained in the lawsuit. If you've got a lot, but this is less than triple the amount of costs incurred in their defense, the Department of Justice shall pay the percentage of the amount of expertise is obtained under the Article 36.3 of Law 1 / 1996 of January 10, legal aid.
b) When there are several people indicted and sentenced to coast one is entitled to free legal assistance or declaring it insolvent.
In this case, the Justice Department must pay the proportional for the person's right to legal aid, set in the resolution that ends the cause of the surveys that the judge or judge has agreed, either automatically or at the request of the Prosecutor or at the request of the head of the law. If the right holder's economic situation improved in the three years following the end of the procedure in the terms established in article 36.2 of Law 1 / 1996 of January 10, legal aid, is required to reimburse the cost of appraisals, the Department of Justice has paid.
c) When ordered to the coast is entitled to assistance free legal or is declared insolvent.
In this case, the Justice Department must pay the full amount of the appraisals that the judge or judge is ordered either automatically or at the request of the Prosecutor or at the request of the individual right holder. If the holder of the right economic situation improves within three years following the end of the procedure in the terms established in article 36.2 of Law 1 / 1996 of January 10, legal aid, is required to reimburse the cost of appraisals, the Department of Justice has paid.
4.4.2 In other areas of jurisdiction:
a) When condemned to the coast is entitled to free legal aid.
In this case, the Justice Department must pay the full amount of the appraisals that the judge or court or judge has ordered either automatically or at the request of the Prosecutor or at the request of the individual right holder. If the right holder's economic situation improved in the three years following the end of the procedure in the terms established in article 36.2 of Law 1 / 1996 of January 10, legal aid, is required to reimburse the cost of appraisals, the Department of Justice has paid.
b) When there is express pronouncement on costs and the person entitled to legal aid has not received any amount in the lawsuit.
In this case, the Justice Department must pay the amount corresponding to the costs caused by way of surveys in defense of the person entitled to legal aid.
c) When there is no explicit statement on the coasts and the person entitled to free legal aid to the proceedings has expired but who has obtained is less than triple the amount of costs incurred in his defense.
In this case, the Justice Department must pay the amount the coast by way of surveys due in defense of the person entitled to free legal aid in a corresponding percentage once the apportionment provisions of Article 36.3 of Law 1 / 1996 of 10 January Legal Aid.
Both in this case as in the preceding understood as costs in respect of surveys due to the defense of the recipient as follows: the proportion of common costs generated as a result of appraisals that the judge or judge has agreed to trade or, if appropriate, at the request of the Prosecutor, and the full amount of the appraisals ordered by the judge or judge upon request the beneficiary.
4.5 The Justice Department also must take charge of the surveys that the public prosecutor has agreed in the statement of the procedure in the field of organic law of criminal responsibility of minors or in the research phase prior to criminal proceedings provided that, in accordance with the criteria established in the previous section and the procedural law applicable, they should not be given by the parties. Article 5
Expert agreed on a procedure execution
The amount of surveys that can be satisfied by the amount obtained in a process run by the Department are not of Justice. If the amount obtained is inadequate, the Justice Department must pay the corresponding amount to meet, if applicable, the person entitled to legal aid and, in the Courts in the person declared insolvent, the quantitative limits in the Annex to this Order, as the object of the report. In the event of insolvency of the labor courts, for the payment of such appraisals is needed for court certified the partial or total insolvency of the person executed. Article 6
Prepayment of judicial appraisals
The Justice Department can move forward payment of legal surveys included in the scope of Article 1, in accordance with the terms and criteria listed below:
a) The Justice Department can bring forward the payment of an appraisal Once the expert or expert has made and delivered the opinion of expert for the court or, if necessary, the Public Prosecutor.
b) regional managements and services of the Justice Department may advance payment of appraisals for an amount fits within the ranges set out in Annex, in accordance with the purpose of the report. Within these ranges, the regional managements and services to assess and encourage the reduction the minutes of the experts' fees and experts have submitted, depending on the difficulty of the report.
Notwithstanding the foregoing, the expert or expert, once the procedure through a court decision, may submit a new bill to professional fees to be paid, if any, for the condemned to coast. If the beneficiary is convicted at the expense of the right to legal aid, simply pay the bill if their economic situation improved in the three years following the end of the procedure, the terms set out in Article 36.2 of Law 1 / 1996 of January 10, legal aid free.
Once the obligation to pay the costs paid in the survey, follow the procedures laid down in Article 7.6.
c) The prices quoted include VAT and other taxes that are applicable, as well as all costs incurred resulted in the issuance of the report, including court appearances and travel of experts or expert, if necessary.
d) The Department of Justice in any case be paid to provision of funds designated expert or experts.
e) In certain cases, the Justice Department may authorize the payment of the bill which appraisals exceed the amounts set out in Annex. These assumptions must be met one or more of the following requirements:
1. That expertise is the valuation of a large number of objects, provided this is particularly complex.
2. That expert opinion to make the necessary resources and use these are particularly expensive and can not be understood as usual. In these cases, the Justice Department can advance the expenses necessary to carry out the opinion.
3. That, given the nature of the object of opinion, this involves a particularly complex and / or by analogy or not possible to include the object of opinion in any of the categories and rates set out in Annex.
In all these cases, the technician should submit private or technical necessarily the managements services or territorial Department of Justice appropriate, for approval, a forecast cost of the appraisal, which must include the following:
1. Time plans to conduct the assessment and evaluation of the cost per hour.
2. Extraordinary expenses necessary to do so.
3. A copy of the court or the Public Prosecutor of the provision for which he commissioned the survey.
The managements and territorial services of the Justice Department must request a report of the judge or the judge or court that ordered the appraisal, or, if applicable, the secretary court or the Public Prosecutor.
incumbent managements and services to the regional Justice Department to approve or deny reasoned forecast of the economic cost of appraisal, provided that not more than 1.500. In case the budget exceeds 1,500 euros expertise to approve it, we need prior authorization from the Office of Judicial Support Resources Department of the Administration of Justice. The bill
fees should be adjusted to the estimated economic cost, approved in accordance with the above.
In the event that is waived wholly or partly from the procedure, the Justice Department will pay only the amounts specified in the Annex, as the object of the report. Article 7
payment processing and documentation
7.1 The Justice Department must approve the forms necessary to process the payment of surveys covered in this Order. These forms can be obtained at the regional managements and services of the Department of Justice in the court and through the website of the Administration of Justice and other portals and / or applications determined by the Department of Justice. These sites also reported on the documents required to be attached to the request for payment of professional fees and, if necessary, of compensation due to service, because to be treated.
7.2 The payment must be made preferably through the application to enable the Justice Department to this effect.
7.3 The expert or expert must start processing the payment prescribed in this Order within three months from delivery of the report. After this period, the expert or expert has to wait for the legal proceedings end with a firm resolution to claim, if applicable, payment of expertise to the Department of Justice.
7.4 The territorial managements or services concerned must communicate appropriately in court or tribunal that has been paid survey al perit o perita, als efectes de la taxació i la regulació de les costes del procediment que correspongui.
7.5 Un cop finalitzat el procediment, el secretari o secretària judicial ha de lliurar a la gerència o als serveis territorials del Departament de Justícia corresponents un certificat que acrediti que el procediment judicial ha finalitzat mitjançant una resolució judicial ferma, amb indicació de si es compleixen o no els supòsits previstos en l'article 4.
7.6 En cas que s'hagi avançat el pagament del peritatge, però un cop dictada la sentència no es produeixen els supòsits consignats en l'article 4, en el moment en què la part obligada a pagar faci efectiu l'import del peritatge, the secretary of the court or tribunal which regulates the taxi and costs must order the payment of the amounts advanced in restricted revenue account no. 2100.0679.11.0200493175 Department of Justice. The secretary shall notify the judicial admission made in land management or related services, to record and specify the concept of legal proceedings in question.
If for any reason the expert or expert had felt obliged to pay part of the assessment of professional fees for the bill, having received the amount previously advanced expertise, must return the amount advanced Department of Justice, entered it into the account referred to the Justice Department and present a proof of this income to the management or the appropriate regional services, which must specify the concept and to record legal proceedings in question .
7.7 If payment has not been processed advanced judicial experts, once the legal proceedings, the expert witness or expert shall deliver to regional services or the management of the Justice Department concerned, together with the application payment of application expertise, a legal secretary's certificate attesting that the legal proceedings are completed by firm and a court order to comply with the cases provided for in Article 4 that the Justice Department to assume the payment of judicial experts, in addition to the documentation referred to in this article. Inhibition
Article 8 of the court in favor of another court or tribunal
The surveys that have been agreed by judges or judges who have subsequently inhibited the cause in favor of another court or tribunal must be processed by the latter court. In case of inhibition in favor of courts outside of Catalonia, the Justice Department will not pay the amount of such appraisals. Article 9
Training
The Department of Justice, through the Centre for Legal Studies and Specialized Training, shall promote the realization of educational activities in matters relating to judicial appraisals and the related payment.
can also collaborate with professional associations and other entities that carry out training activities in these areas.
additional
Within two months from the publication of this Order, the professional associations and other entities mentioned in Article 3 shall provide the Department of Justice lists of professionals willing to act as experts and experts when the judge or the judge / calls either automatically or at the request of the Prosecutor or at the request of a Party that has recognized the right to legal aid under the conditions laid down in this Order. Once received these lists, the Department of Justice shall provide to the courts. Transitional provisions
First
requests payment of appraisals relating to judicial appointments made prior to the entry into force of this Order shall be governed by Circular 2 / 2003 of 23 April, General Directorate of Relations with the Administration of Justice, payment of legal appraisals. If the appointment the professional or occurs after the entry into force of this Order, shall apply to this request for payment. Second
While the courts and the professional or do not have the means to process the payment of legal appraisals by the computer application that has enabled the Department of Justice, requests for payment of surveys can be presented in court Managements role and services to the regional Justice Department concerned, and use the same forms for this purpose provided for in article 7.1.
Derogatory
This Order repeals Circular 2 / 2003 of 23 April, the General Directorate for Relations with the Administration of Justice, for payment of legal appraisals. Final Provisions
First
It empowers the Secretary for Relations with the administration of justice dictates that the circulars and instructions necessary for the implementation, effectiveness and enforcement of the provisions of this Order, in particular, to approve the forms necessary to process the payment of regular surveys and lists specific experts and experts referred to in Article 3.
also authorized the director general of the Justice Resource to periodically review the types and amounts of the appraisals provided for in court annexed, according to the needs that arise and according to budget availability. Second
This Order comes into force three months after its publication in the Official Journal of the Generalitat of Catalonia.
Barcelona, \u200b\u200b17 September 2009
Montserrat Tura i Camafreita
Minister of Justice Annex
Price Schedule of fees as the subject of expert opinion:
- Property, vehicles, jewelry and precious objects: from 40 euros 65 euros
- Damage to property: from 70 euros to 100 euros
- Industrial machinery: from 210 euros to 300 euros
- Antiques and art: from 210 euros to 300 euros
- electronics, computers and telecommunications: from 210 euros to 300 euros
- Audit and ratings business: from 420 euros to 600 euros
- medical, psychological and health professionals: from 350 euros to 500 euros
- Checks topographic, construction: 280 euros to 400 euros
- calligraphic expert: from 210 euros to 300 euros
- rated real estate mortgage: 210 euros to 300 euros
- Environmental: from 280 euros to 400 euros
- Expert agreed social performances: from 110 euros to 150 euros
L'Statute of Autonomy of Catalonia 2006, Dins the títol III (. Judicial power Catalonia.) lays down in Chapter III, the powers of the Government on the administration of justice.
Among these skills are relevant to the material resources of the Administration of Justice in Catalonia (Article 104) and on the organization of legal aid services and legal advice free of charge (Article 106).
With the validity of the Statute of Autonomy of Catalonia 1979, and by the Royal Decrees 966/1990 of 20 July, and 409/1996 of 1 March, were transferred from the Administration of State Generalitat of Catalonia on the functions of providing material and cheap for running the administration of justice and prosecution, which include payment of awards for experts and experts in the courts of justice based in Catalonia. The functions and services that were attributed to his day in the Justice Department by Decree 129/1996 of 16 April. More recently, Article 3.7.a) of Decree 421/2006 of 28 November on the creation, naming and determining the scope of authority of the departments of the Generalitat of Catalonia attributed to the Justice Department related to the functions Administration of Justice in Catalonia.
Article 473.1 of the Act 6 / 1985 of 1 July, the judiciary, the wording provided in Organic Law 19/2003 of 23 December, which may have served in the administration of justice in civil servants from other administrations that, on an occasional or permanent, it is necessary to assist in the development of specific activities than those of the civil service bodies in the administration of justice and which require technical knowledge or expertise. Thus, judges and magistrates or judges or judge may appoint as an expert witness or expert officials or civil servants, government departments or subsidiaries of public administrations that, as Article 465 of the Criminal Procedure Act, have no right to claim fees, notwithstanding that the appropriate compensation, which, in accordance with Royal Decree 462/2002 of 24 May on compensation by reason of service, are in charge of budgetary provision allocated to the Ministry or agency that belongs expert or experts.
Likewise, Act 1 / 1996 of January 10, legal aid, taking into account the possibility of utilization of public resources provided to appraise the Organic Law of the judiciary, and in order to combine, one hand, access for all citizens to judicial protection effective and, secondly, rationalizing the use of public resources, Article 6.6 states that the rule should be that the appraisals go by the technical staff the courts, the civil service bodies or technical services dependent on government, and that only exceptionally and when lack of technicians in the field is not possible for the expert assistance of experts or expert dependent courts or public administration, appraisal can conducted if the judge or judge or court considers it appropriate resolution through reasoned by private technicians.
In this regard, Act 1 / 2000 of 7 January, Civil Procedure, established a new regulatory procedure for judicially appointed expert or experts, according to which the various professional associations, the similar organizations and academies and cultural and scientific institutions must submit annually to the courts a list of members willing to act as experts or expert judgments.
Meanwhile, following the entry into force of Law 38/2002 of 24 October, partial reform of the Criminal Procedure Act, the procedure for the rapid and immediate prosecution of certain Crime and misdemeanors, and modification of the abbreviated procedure and in compliance with paragraph 3 of his first final provision, the Justice Department drafted a specific list of professionals and technicians willing to act immediately before the courts duty to hold the so-called quick trials, and introduced the advanced payment of such surveys, to ensure expert assistance in such procedures.
Thus, the General Directorate for Relations with the Administration of Justice approved a new circular, Circular 2 / 2003 of 23 April concerning the payment of legal appraisals, which introduced, among other measures, fixing a maximum amount for prepayment of certain types of appraisals, which guarantees, on one hand, the provision of appraisals for courts and the other, the rational use of public resources.
After the time elapsed since the entry into force of Circular 2 / 2003, the Justice Department has raised the need to step forward to improve the service, while combining the legitimate interests of experts and experts from the Administration and the obligation to use public resources available as efficiently as possible. For this, we decided to expand the range of advance payment subject to judicial appraisals and make it extend to all surveys, regardless of the jurisdiction in which they practice, the cost of which may be entitled to assume the Department of Justice. In these cases, some amounts that are set by the Department can advance the professional or have completed the survey once and fall before the final decision to end the legal proceedings. To set these numbers are taken into account that the standards established in Circular 2 / 2003, which have been reviewed and increased, and have been compared with the cost and difficulty on average different types of surveys, also take into account the standards that apply to other communities of this area. This system does not prevent the possibility that the professionals at the end of the procedure and provided that there is a pronouncement of the court in terms of costs, may submit the bill of fees they consider fair for its levy by coasts, while returning the amount that the Department of Justice has advanced.
Thus, we conclude that the main objective of this Order is twofold: first, ensure the provision of appraisals when they have to be borne by the Administration with respect to early attachment planned budgets and rational utilization of public resources and, secondly, to ensure the collection of professionals and their work without waiting to complete the legal proceedings.
To achieve the effectiveness of the provisions of this Order has been estimated to make available appropriate judicial organs in accordance with legal provisions, a list of appraisers and experts willing to act under the conditions laid this Order.
Therefore, in accordance with Article 12.d) of Law 13/1989 of 14 December, organization, procedures and legal administration of the Generalitat of Catalonia and of OK with the opinion of the Legal Advisory Commission,
Sort: Article 1
1.1 Scope This Order applies to appraisals made before judicial bodies located in Catalonia, the cost of which may be entitled to assume that the Department of Justice have been agreed upon in those proceedings which have recognized the right to legal aid, and in criminal matters also when they have been officially agreed by the judge or the judge or court or at the request of the Prosecutor.
also apply to surveys that the public prosecutor has ordered directly during the training procedure in the field Organic Law of the criminal responsibility of minors or in the research phase prior to criminal proceedings. 1.2
excluded from the scope of this Order the appraisals that have been agreed ex parte not have recognized the right to legal aid, which should be in charge of the parties and are subject to regulation by the procedural legislation.
1.3 experts and experts should be able to make the expert advice they entrusted to them in the language requested, without undue delay or helplessness may occur due to the language used. Article 2 Expert
officials who have made or officials or organs dependent on government officials or civil servants
2.1 or technical bodies of public administration who entrusted expertise that can be included among the activities assigned to them as such not entitled to claim fees concept in the expert service provided, but they do have, if any, the following rights:
a) they compensate the expense of travel and subsistence that may cause the completion of the survey. To this end, the costs should be compensated as compensation by reason of service, which should be in charge of the administrative body which depends the expert or expert, in accordance with established regulations that are applicable.
b) they provide, prior to the completion of appraisal, the material means necessary to practice the expert service they are responsible.
2.2 In case that the Justice Department has taken over some of the costs established in the previous section, once paid them, the respective managements or territorial services of the Department of Justice shall request the Secretary or judicial assistant, once the procedure, unless assumptions are provided as indicated in Article 4, take the appropriate steps to reimburse the Department de Justícia l'import corresponent.
Article 3
Llistes de perits i perites privats
3.1 Sens perjudici de la llista de perits i perites que el Departament de Justícia posa a disposició dels òrgans judicials, perquè puguin actuar d'acord amb el que estableixen els articles 341 i següents de la Llei d'enjudiciament civil, el Departament de Justícia s'ha de dirigir periòdicament, com a mínim amb caràcter anual, als col·legis professionals o, si s'escau, a entitats anàlogues, a acadèmies i institucions culturals i científiques, així com a sindicats, associacions i entitats apropiades en els casos de matèries no compreses en títols oficials, per tal que aquests elaborin una llista específica de professionals amb disposició per dur a terme el peritatge, en els supòsits i les condicions previstes en aquesta Ordre.
3.2 Aquesta llista específica s'ha de facilitar als òrgans judicials a través de mitjans telemàtics.
Article 4
Supòsits en què correspon al Departament de Justícia fer-se càrrec del cost dels peritatges
4.1 El Departament de Justícia està obligat a fer-se càrrec del pagament dels peritatges acordats en el curs d'un procés judicial quan es declara mitjançant una resolució ferma algun dels supòsits previstos a l'apartat 4.4 d'aquest article.
4.2 En l'àmbit jurisdiccional social, el pagament dels surveys should only be for the Department of Justice in the cases provided in section 4.4.2 above, provided that the worker or beneficiary of Social Security has formally requested the right to legal aid and has obtained. 4.3
also be taken into account the possible limitations of the right to benefits that the resolution containing the declaration, in accordance with the provisions of Article 5 of Act 1 / 1996 of 10 January, free legal aid.
4.4 The Department of Justice must take charge of payment of legal appraisals in the following circumstances: 4.4.1 In the field
criminal court:
a) When you declare the costs of trade.
In addition to the assumptions explicit statement of costs of office, also understood officially declared when filing Interlocutory dictates the actions or dismissal. Free or temporary. Without express pronouncement on costs. In this case, the Justice Department must pay the full amount of the appraisals by the judge or judge agreed, either automatically or at the request of the Prosecutor.
If a party is entitled to free legal aid or have been declared insolvent, the Justice Department should take care of our appraisals has agreed that the judge or judge in this instance, if no amount has not been obtained in the lawsuit. If you've got a lot, but this is less than triple the amount of costs incurred in their defense, the Department of Justice shall pay the percentage of the amount of expertise is obtained under the Article 36.3 of Law 1 / 1996 of January 10, legal aid.
b) When there are several people indicted and sentenced to coast one is entitled to free legal assistance or declaring it insolvent.
In this case, the Justice Department must pay the proportional for the person's right to legal aid, set in the resolution that ends the cause of the surveys that the judge or judge has agreed, either automatically or at the request of the Prosecutor or at the request of the head of the law. If the right holder's economic situation improved in the three years following the end of the procedure in the terms established in article 36.2 of Law 1 / 1996 of January 10, legal aid, is required to reimburse the cost of appraisals, the Department of Justice has paid.
c) When ordered to the coast is entitled to assistance free legal or is declared insolvent.
In this case, the Justice Department must pay the full amount of the appraisals that the judge or judge is ordered either automatically or at the request of the Prosecutor or at the request of the individual right holder. If the holder of the right economic situation improves within three years following the end of the procedure in the terms established in article 36.2 of Law 1 / 1996 of January 10, legal aid, is required to reimburse the cost of appraisals, the Department of Justice has paid.
4.4.2 In other areas of jurisdiction:
a) When condemned to the coast is entitled to free legal aid.
In this case, the Justice Department must pay the full amount of the appraisals that the judge or court or judge has ordered either automatically or at the request of the Prosecutor or at the request of the individual right holder. If the right holder's economic situation improved in the three years following the end of the procedure in the terms established in article 36.2 of Law 1 / 1996 of January 10, legal aid, is required to reimburse the cost of appraisals, the Department of Justice has paid.
b) When there is express pronouncement on costs and the person entitled to legal aid has not received any amount in the lawsuit.
In this case, the Justice Department must pay the amount corresponding to the costs caused by way of surveys in defense of the person entitled to legal aid.
c) When there is no explicit statement on the coasts and the person entitled to free legal aid to the proceedings has expired but who has obtained is less than triple the amount of costs incurred in his defense.
In this case, the Justice Department must pay the amount the coast by way of surveys due in defense of the person entitled to free legal aid in a corresponding percentage once the apportionment provisions of Article 36.3 of Law 1 / 1996 of 10 January Legal Aid.
Both in this case as in the preceding understood as costs in respect of surveys due to the defense of the recipient as follows: the proportion of common costs generated as a result of appraisals that the judge or judge has agreed to trade or, if appropriate, at the request of the Prosecutor, and the full amount of the appraisals ordered by the judge or judge upon request the beneficiary.
4.5 The Justice Department also must take charge of the surveys that the public prosecutor has agreed in the statement of the procedure in the field of organic law of criminal responsibility of minors or in the research phase prior to criminal proceedings provided that, in accordance with the criteria established in the previous section and the procedural law applicable, they should not be given by the parties. Article 5
Expert agreed on a procedure execution
The amount of surveys that can be satisfied by the amount obtained in a process run by the Department are not of Justice. If the amount obtained is inadequate, the Justice Department must pay the corresponding amount to meet, if applicable, the person entitled to legal aid and, in the Courts in the person declared insolvent, the quantitative limits in the Annex to this Order, as the object of the report. In the event of insolvency of the labor courts, for the payment of such appraisals is needed for court certified the partial or total insolvency of the person executed. Article 6
Prepayment of judicial appraisals
The Justice Department can move forward payment of legal surveys included in the scope of Article 1, in accordance with the terms and criteria listed below:
a) The Justice Department can bring forward the payment of an appraisal Once the expert or expert has made and delivered the opinion of expert for the court or, if necessary, the Public Prosecutor.
b) regional managements and services of the Justice Department may advance payment of appraisals for an amount fits within the ranges set out in Annex, in accordance with the purpose of the report. Within these ranges, the regional managements and services to assess and encourage the reduction the minutes of the experts' fees and experts have submitted, depending on the difficulty of the report.
Notwithstanding the foregoing, the expert or expert, once the procedure through a court decision, may submit a new bill to professional fees to be paid, if any, for the condemned to coast. If the beneficiary is convicted at the expense of the right to legal aid, simply pay the bill if their economic situation improved in the three years following the end of the procedure, the terms set out in Article 36.2 of Law 1 / 1996 of January 10, legal aid free.
Once the obligation to pay the costs paid in the survey, follow the procedures laid down in Article 7.6.
c) The prices quoted include VAT and other taxes that are applicable, as well as all costs incurred resulted in the issuance of the report, including court appearances and travel of experts or expert, if necessary.
d) The Department of Justice in any case be paid to provision of funds designated expert or experts.
e) In certain cases, the Justice Department may authorize the payment of the bill which appraisals exceed the amounts set out in Annex. These assumptions must be met one or more of the following requirements:
1. That expertise is the valuation of a large number of objects, provided this is particularly complex.
2. That expert opinion to make the necessary resources and use these are particularly expensive and can not be understood as usual. In these cases, the Justice Department can advance the expenses necessary to carry out the opinion.
3. That, given the nature of the object of opinion, this involves a particularly complex and / or by analogy or not possible to include the object of opinion in any of the categories and rates set out in Annex.
In all these cases, the technician should submit private or technical necessarily the managements services or territorial Department of Justice appropriate, for approval, a forecast cost of the appraisal, which must include the following:
1. Time plans to conduct the assessment and evaluation of the cost per hour.
2. Extraordinary expenses necessary to do so.
3. A copy of the court or the Public Prosecutor of the provision for which he commissioned the survey.
The managements and territorial services of the Justice Department must request a report of the judge or the judge or court that ordered the appraisal, or, if applicable, the secretary court or the Public Prosecutor.
incumbent managements and services to the regional Justice Department to approve or deny reasoned forecast of the economic cost of appraisal, provided that not more than 1.500. In case the budget exceeds 1,500 euros expertise to approve it, we need prior authorization from the Office of Judicial Support Resources Department of the Administration of Justice. The bill
fees should be adjusted to the estimated economic cost, approved in accordance with the above.
In the event that is waived wholly or partly from the procedure, the Justice Department will pay only the amounts specified in the Annex, as the object of the report. Article 7
payment processing and documentation
7.1 The Justice Department must approve the forms necessary to process the payment of surveys covered in this Order. These forms can be obtained at the regional managements and services of the Department of Justice in the court and through the website of the Administration of Justice and other portals and / or applications determined by the Department of Justice. These sites also reported on the documents required to be attached to the request for payment of professional fees and, if necessary, of compensation due to service, because to be treated.
7.2 The payment must be made preferably through the application to enable the Justice Department to this effect.
7.3 The expert or expert must start processing the payment prescribed in this Order within three months from delivery of the report. After this period, the expert or expert has to wait for the legal proceedings end with a firm resolution to claim, if applicable, payment of expertise to the Department of Justice.
7.4 The territorial managements or services concerned must communicate appropriately in court or tribunal that has been paid survey al perit o perita, als efectes de la taxació i la regulació de les costes del procediment que correspongui.
7.5 Un cop finalitzat el procediment, el secretari o secretària judicial ha de lliurar a la gerència o als serveis territorials del Departament de Justícia corresponents un certificat que acrediti que el procediment judicial ha finalitzat mitjançant una resolució judicial ferma, amb indicació de si es compleixen o no els supòsits previstos en l'article 4.
7.6 En cas que s'hagi avançat el pagament del peritatge, però un cop dictada la sentència no es produeixen els supòsits consignats en l'article 4, en el moment en què la part obligada a pagar faci efectiu l'import del peritatge, the secretary of the court or tribunal which regulates the taxi and costs must order the payment of the amounts advanced in restricted revenue account no. 2100.0679.11.0200493175 Department of Justice. The secretary shall notify the judicial admission made in land management or related services, to record and specify the concept of legal proceedings in question.
If for any reason the expert or expert had felt obliged to pay part of the assessment of professional fees for the bill, having received the amount previously advanced expertise, must return the amount advanced Department of Justice, entered it into the account referred to the Justice Department and present a proof of this income to the management or the appropriate regional services, which must specify the concept and to record legal proceedings in question .
7.7 If payment has not been processed advanced judicial experts, once the legal proceedings, the expert witness or expert shall deliver to regional services or the management of the Justice Department concerned, together with the application payment of application expertise, a legal secretary's certificate attesting that the legal proceedings are completed by firm and a court order to comply with the cases provided for in Article 4 that the Justice Department to assume the payment of judicial experts, in addition to the documentation referred to in this article. Inhibition
Article 8 of the court in favor of another court or tribunal
The surveys that have been agreed by judges or judges who have subsequently inhibited the cause in favor of another court or tribunal must be processed by the latter court. In case of inhibition in favor of courts outside of Catalonia, the Justice Department will not pay the amount of such appraisals. Article 9
Training
The Department of Justice, through the Centre for Legal Studies and Specialized Training, shall promote the realization of educational activities in matters relating to judicial appraisals and the related payment.
can also collaborate with professional associations and other entities that carry out training activities in these areas.
additional
Within two months from the publication of this Order, the professional associations and other entities mentioned in Article 3 shall provide the Department of Justice lists of professionals willing to act as experts and experts when the judge or the judge / calls either automatically or at the request of the Prosecutor or at the request of a Party that has recognized the right to legal aid under the conditions laid down in this Order. Once received these lists, the Department of Justice shall provide to the courts. Transitional provisions
First
requests payment of appraisals relating to judicial appointments made prior to the entry into force of this Order shall be governed by Circular 2 / 2003 of 23 April, General Directorate of Relations with the Administration of Justice, payment of legal appraisals. If the appointment the professional or occurs after the entry into force of this Order, shall apply to this request for payment. Second
While the courts and the professional or do not have the means to process the payment of legal appraisals by the computer application that has enabled the Department of Justice, requests for payment of surveys can be presented in court Managements role and services to the regional Justice Department concerned, and use the same forms for this purpose provided for in article 7.1.
Derogatory
This Order repeals Circular 2 / 2003 of 23 April, the General Directorate for Relations with the Administration of Justice, for payment of legal appraisals. Final Provisions
First
It empowers the Secretary for Relations with the administration of justice dictates that the circulars and instructions necessary for the implementation, effectiveness and enforcement of the provisions of this Order, in particular, to approve the forms necessary to process the payment of regular surveys and lists specific experts and experts referred to in Article 3.
also authorized the director general of the Justice Resource to periodically review the types and amounts of the appraisals provided for in court annexed, according to the needs that arise and according to budget availability. Second
This Order comes into force three months after its publication in the Official Journal of the Generalitat of Catalonia.
Barcelona, \u200b\u200b17 September 2009
Montserrat Tura i Camafreita
Minister of Justice Annex
Price Schedule of fees as the subject of expert opinion:
- Property, vehicles, jewelry and precious objects: from 40 euros 65 euros
- Damage to property: from 70 euros to 100 euros
- Industrial machinery: from 210 euros to 300 euros
- Antiques and art: from 210 euros to 300 euros
- electronics, computers and telecommunications: from 210 euros to 300 euros
- Audit and ratings business: from 420 euros to 600 euros
- medical, psychological and health professionals: from 350 euros to 500 euros
- Checks topographic, construction: 280 euros to 400 euros
- calligraphic expert: from 210 euros to 300 euros
- rated real estate mortgage: 210 euros to 300 euros
- Environmental: from 280 euros to 400 euros
- Expert agreed social performances: from 110 euros to 150 euros
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