Court cases are often complex, especially when there are casualties and/or environmental damage.
In order to be able to determine the responsibilities, the judge, sometimes one of the two parties, can seize a judicial expert in order to help him by providing technical or scientific information on a specific judicial file.
It also happens that the expert is mandated by the 2 parties in order to try to find an amicable solution and to avoid litigation or to settle amicably.
The duties of the judicial expert vary depending on the nature of the case and the requirements of the judge, but in general they include:
Collecting evidence
The judicial expert may be tasked with collecting additional evidence, such as samples, photographs, recordings or testimonies.
Analysis of the evidence
The forensic expert must examine all the evidence presented in the context of the case, in order to determine its relevance and reliability.
Writing a report
The legal expert must write a detailed report setting out the facts, analyzes and conclusions of his expertise.
Hearing
The legal expert may be called upon to testify in court, in order to clarify technical or scientific issues related to the case.
Collaboration with other experts
In some cases, several experts may be appointed on the same case. The legal expert must therefore be able to collaborate with other experts to reach a common conclusion.
Conclusion about the judicial expertise
On the whole, the missions of the legal expert are essential to guarantee a just and fair decision in a legal case.
In Luxembourg, these experts are sworn in by the Ministry of Justice and entered on a list after verification of qualifications and experience.
Daniel Schmidt is sworn in as a judicial expert
for the following specialties: classified establishments, soil, water and air pollution, accidentology (work accidents), occupational diseases and health and safety.
