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 caligrà fiques: 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 caligrà fiques: 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
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