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Social ambit
A Social Expertise is a report issued by a trained person with technical knowledge in the study area, for use in a judicial process. It is also called Social expert report, and this document analyzes the objective facts according to the tests carried out, to advise the judge or jury so that they can issue a fair sentence.
These studies are carried out by certified Social Workers, and usually deal with
Child custody and custody processes
Regulation of the visiting regime
Adoptions
Guardianship
Welcome
Family meeting points
What is the SOCIAL EXPERTISE
The Social Expertise is the detailed study of the labor, socioeconomic, family characteristics, etc. of the subject and its environment. For which the expert applies his knowledge in all these areas, facing a judicial procedure.
To carry out the report, the Expert performs a thorough social investigation, to obtain objective and accurate information, through a thorough investigation of the problem.
These expert opinions are (or should be) independent and objective, so the Social Expertise should not be influenced, not even, by the contracting party. It should contain in-depth interviews of the individual, interviews with family members, analysis of the socio-work environment, work reports, etc. Ultimately, it must contain the description of the person and the state in which they are, as well as the conclusions of the social expert on the analysis carried out.
The Social Expertise of Judicial Expert GROUP of an independent professional allows the valuation of social damages, to locate and find the means to alleviate the damages that the Social Well-being of the individual, group or community may experience from a certain fact or problem.
The Social Expertise is based on existing civil and criminal procedures. Thus, taking the legal bases established by our legislation, these expert opinions can address the following areas:
Guardianship / adoption
Work accidents
Traffic accidents
Mortgage debts
Gender violence
The social expert opinion is required when the judge needs knowledge about the subject's social reality. Which has great influence on many other contextual aspects of the individual.
Objectives of the Social Expertise
The purpose of the Social Expertise is to assess the social aspects that may affect the subject. What allows knowing the context of the individual, and its evolution over time. Revealing facts about aspects:
Family
Social
Cultural
Economical
Labor
Housing
Education
Essential information so that the judge can issue a fair and adequate sentence.
The content of the Social Expertise includes 3 parts, mainly:
Social study. Where all the information extracted from the investigation is exposed.
Expert interpretation. That implies the diagnosis of the situation and the conclusions of the expert.
Recommendations. The Social Expertise may include the proposal by the Expert, in order to improve the situation in the social sphere of the individual.
FUNCTIONS Social Expertise
The Social Expertise can be used in a multitude of areas, depending on the type of expert and its purpose. Mainly, they are done to help:
Physical persons
Lawyers
Associations
Forensic Anatomical Institutes
Universities and Professional Colleges
The Social Expertise can have different uses depending on the case in which it is used. Briefly, the Social Expertise functions are:
1. FAMILY PROCESSES
Analysis of the legal perspective of conflicts within the family, in relation to the areas: social, affective, educational, cultural and socio-economic.
Within family processes, Separation or Divorce processes are especially common and delicate. In them, a Social Expertise will help determine the provisional or definitive measures, in relation to custody and visitation. As well as other domestic partnership procedures where there are minor children.
The Social opinion can be fundamental in cases related to: parental authority and guardianship; foster care and adoption; analysis of resources, family meeting points, etc.
2. CRIMINAL PROCESSES
Reports to assess criminal responsibility, especially in matters of sexual abuse, abandonment and family violence; for the determination of the penalty (extenuating or extenuating); for the establishment of alternative therapeutic security measures; for the processing of pardon; for the achievement of provisional release or release on bail.
In the field of gender violence Social reports on matters of jurisdiction of courts of violence against women.
3. MINORS AREA
The Social Expert can evaluate the measures aimed at the reintegration of minors or their monitoring or treatment, individualization of the sentence, coordination of Social Services, Mental Health, Protection of minors, Courts, etc.
4. PRISON SCOPE
The Social Expertise evaluates the measures of deprivation of liberty, in relation to social rights. It can be applied to: works for the community, guarded freedoms, therapeutic measures or any other measure.
5. SOCIO-LABOR AND DEPENDENCY SCOPE
Evaluation of situations that may lead to accidents or problems in the work environment, educational environment, etc.
Mobbing . Assessment of possible situations of harassment at work (Mobbing), Violence at work itself , in the school environment (bullying), etc.
Accidents and damages. The Social Expertise analyzes the type and management of aid measures for people who require home help, telecare, daytime stays, etc. as consequences of damages or accidents.
Dependence. Opinions for the assessment and review of the dependency situation.
6. MEDICAL-FORENSIC FIELD
Opinions for suicide prophylaxis, admissibility of sterilizations, sex change, etc.
Criminology
A Criminal Expert or Criminologist Expert is specialized in the analysis and study of a crime or crime and its context in relation to Criminal Law. It is a multidisciplinary area since, in addition to determining the motivations for the crimes, the Criminal Expert analyzes the conduct and events that occurred from as many perspectives as necessary, including:
Physics (ballistics, study of structures, etc.)
Chemistry
Sociology
Psychology
Medicine
Anthropology
Our Criminal Experts conduct an investigation to analyze the way in which the crime has been committed, and its causes and consequences.
What is a CRIMINAL EXPERT
A Criminal Expert has training in Criminology, but also knowledge in the following neighboring and fundamental areas to issue a Criminological Expert:
Victimology
Psycho-Criminology
Penology
Given the extensive experience in the study of possible crimes or potentially criminally punishable events of our Criminal Experts, they are familiar with areas such as:
Firearms and ballistics (operability, microscopic examination of bullets, analysis of shot residues, study of projectile trajectories and shooting distances)
Security and Risk Management
Emergency management
Search and rescue
Negotiating with kidnappers
Crime scene analysis
Interrogation techniques
Investigations of homicide, robbery, theft and other serious crimes
Forensic Medicine
Some of our Criminal Experts have even served as agents of Law and Order, have experience in maritime operations, search and rescue, Customs control, etc. We have specialists in the many aspects of this vast area of law.
We also have Criminal Experts specialized in dealing with issues related to deprivation of liberty and prisons. Being able to carry out analyzes related to the review of sentences and probation for subjects already convicted of a crime, as well as on the jail facilities, internal affairs, planning, correctional programs.
The work of the Criminal Expert
The Criminal Expert has training and experience to carry out the following actions in the course of a litigation related to a crime:
Crime scene interaction analysis
Assessment of alternative forensic hypotheses
Assessment of the criminal context
Type of violence used
Criminal profiling
Relevance of the victim's role
Discrimination in the manner of death by psychological autopsy
Assessment of the usefulness of the confession in police headquarters
Excessive use of force by authorities
Incidence of criminality in prison
Analysis of apparently irrational behaviors
Seemingly contradictory evidence relationship
FUNCTIONS Criminal Expert
The Criminal Expert, has different functions and objectives. On the one hand, it deals with the comprehensive assessment of the criminal act (context and circumstances in which it occurs, planning, violence used, etc.). The functions of the Criminal Expert regarding the analysis of the criminal act are the following:
1. PREPARATION OF THE CRIMINAL PROFILE
The personal profile of the person who commits the crime is analyzed. The criminal investigation process is carried out. The Criminologist Expert assesses the accused in a general way, from various perspectives:
Biographical development
Social functioning
Interaction during the crime
Motivation towards crime
Attitude towards crime
Potential for change
2. PSYCHOLOGICAL AUTOPSY
The Criminal Expert Analyzes the subject psychologically, taking into account previous diagnoses to analyze their relationship with the crime. However, the mental capacity of the accused will not weigh on the consideration of guilt by the Criminologist Expert.
That is, the Expert takes into account the subject's Psychology, personality and dangerousness, from the point of view of the context of the crime.
3. CRIME ANALYSIS
The scene itself (or context) is studied, taking into account:
Criminal motivation
Criminal profile created
Modus operandi analysis
Degree of planning
Violence exerted on the spot
They are related to the criminal with a signature or way of acting, so that hypotheses formulated regarding the Psychological profile of the same can be verified.
4. EXPOSURE OF THEORIES
The criminal's behavior patterns are compared with those that appeared on the scene. That is, the fact is analyzed from a theoretical point of view, using the methodology used to extract deductible knowledge that may be useful for the court.
In addition, the functions of the Criminal Expert in the development of the trial may be the following:
Evaluate a case
Advise lawyers
Prepare the defense with the lawyers
Perform Criminal Expert
Analyze Contrary Expert
Perform Counter-expert Criminologist
Ratify Criminological Expertise in court
Criminal law
What is criminal law?
Criminal law is understood to be the branch of Law that is in charge of regulating and conceiving punitive capacities, that is, of punishment, which the State reserves for those who violate the norms of coexistence or conduct , always based on a principle of proportionality and impartiality.
Criminal law includes the creation and study of criminal laws, those that contemplate precisely what is and what is not a crime , as well as the monitoring and guidance of judicial decisions on the matter. But not only that, but also of the mechanisms with which society protects itself and the philosophy behind punishment and / or imprisonment.
This legal branch belongs to positive law , that is, to that contemplated in ordinances, codes and laws written and assigned by people . Criminal matters have to do with the decision to separate an individual from the rest of society for a time, considering him dangerous or incapable of conforming to the rules, or to provide a rehabilitative framework for him to do so.
The only possible source of criminal law is the law itself, contemplated in criminal codes and criminal laws in force, since neither custom nor nature defines what is punishable or not, only the laws of human beings .
Criminal law is as old as life in society, although it initially existed in tribal revenge laws such as the Talion Law.
Thanks to Roman Law, it emerged in Europe as a legal institution, despite the fact that it was later replaced by the inquisitorial will of the Catholic Church, and re-emerged in the Modern Age with the laws of the Republic.
See also: Legality
Characteristics of criminal law
The criminal law gives the accused the same and minimal opportunities to defend himself.
Criminal law is governed by the following principles:
The presumption of innocence. This principle dictates that every citizen must be considered innocent until the necessary proofs and deductions are obtained to reliably prove their guilt. We are all innocent until proven otherwise.
Equality before the law. This principle is key to the rule of law , and it means that every citizen must answer in equal terms before the law , which is to say that all crimes of all citizens, regardless of class, religion , sex, etc., they must be judged with the same scale and punished the same.
The proportionality of the punishment. This principle establishes that the punishment meted out by the State must be proportional to the crime committed, so that more serious crimes receive a greater sanction than minor crimes.
The legality of the law. This principle establishes that the actions of the State in the sanction of the crimes committed cannot in turn be crimes, that is, that the punishment given cannot in turn constitute a violation of the law, or the State would be a criminal State, also worthy of punishment.
Respect for due process. Together with procedural law, criminal law ensures that all defendants receive the same and minimal opportunities to defend themselves, to give their version of the facts and to be tried individually for each crime charged.
Human rights Finally, human rights are minimum rights that every human being deserves, regardless of their conditions, origin or degree of guilt, even if he did not respect the rights of another and for this he should be punished.
Elements of criminal law
Every act of interest to criminal law consists of the following elements:
A criminal. Who is accused of having broken the law and who has been arrested for it.
A crime. A concrete breach of the law attributable to a criminal and of which there is evidence, evidence and versions.
A shame A punishment or sanction proportional to the seriousness of the crime committed and imparted by the forces of the State themselves.
A judge. A citizen expert in laws who supervises the operation of the trial and finally dictates the decision made after hearing the parties.
Objective and subjective criminal law
There are two perspectives on criminal law, two ways of seeing its mission : objective and subjective criminal law.
When we speak of the first we refer to it as normative, as a legal order by which a given society decides to govern and evaluate itself.
When we speak of subjective criminal law, on the other hand, we refer to the matter of penalties or punishments imposed by the State, that is, to its punishing and exemplary property, that is, to its capacity to decide on the punishment.
Branches of criminal law
Criminal law is considered to have the following branches:
Material or noun. It deals with everything related to the body of legal norms on the basis of which a crime is identified.
Procedural or adjective. It is the dynamic part of the criminal offense, as it is in charge of verifying the crime and making judicial decisions to determine the penalty.
Executive or prison. One who takes care of executing the penalty or punishment and ensuring that it is done correctly.
Automobiles
Legal experts
Thanks to our team of auto experts and engineers, we prepare all kinds of technical and / or scientific documents: Expert Party / Judicial Reports, Extrajudicial Expert Opinions and Pre Extrajudicial Reports. And its ratification in Trial if necessary.
We offer different types of Traffic Accident expert reports, such as: expert reports, vehicle surveys, accident reconstruction, damage assessment and deformation analysis.
Types of expert reports
Faults, falsified mileage, causes of claims, etc.
For the expert, it is necessary to carefully analyze and study the case, based on the documentation provided by the client, and carry out the corresponding visual inspection of the vehicle.
Reconstruction of accidents.
For the specialized expert, it is necessary to carefully analyze and study the case, based on the information in the statement but also based on his own methodology:
Analysis of the statement and / or technical report
Analysis of witness statements
Visual inspection of the site
Inspection of the different vehicles involved
Identification of victims
Fingerprint analysis
Tachograph disc analysis
Carrying out measurements and calculations
Disagreements with the insurance company
: Usually the experts are
professionals
who are responsible for assessing the repair. If you are not satisfied with the insurance expert, as an individual you can hire a
own expert
which has the same validity as that of the
insurance company.
Video and photo tests
We have a team of experts who can carry out photoperitations so that you have your report as soon as possible. We also carry out the video inspection service through WhatsApp, Skype, or Face Time for Apple users.
Maximum profitability for your business
We have monthly, quarterly, semi-annual or annual plans so that you are constantly up to date on the value of your fleet and the damages that show at all times, for your communication with the insurance company or your renting provider.
Mediation service
Mediation is an act prior to the judicial process, and a voluntary one that tries to bypass this route. In these, an expert (mediator) intervenes, who helps to find the most beneficial solution for both parties.
Unlike arbitration, in case of not reaching an agreement, the ordinary judicial process is open. However, this route tries to avoid a trial, with all the negative consequences that it entails (dilation in time, cost, emotional exhaustion, etc.).
However, an agreement may have the character of a Judicial Judgment, if the parties sign it and raise it to a public deed. If this does not exist, and there is non-compliance, it is necessary to open a judicial process through ordinary demand.
All about mediation
A Judicial Expert is the ideal person to guide the mediation process between the litigating parties. Our experts are specialized in the work related to the analysis of the technical circumstances in which an event occurs. Therefore, it is capable of independently and rigorously resolving all the details, characteristics and consequences thereof.
We can also provide you with the help of qualified legal consultants and attorneys to guide the process.
The MEDIATION Process with us:
1. Contact
Contact the Legal Expert
2. Case Study
And realization of Expert Opinion.
3. Joint Bargaining
Based on the analysis, what is agreed upon by the parties will be negotiated
4. Agreement / Judicial Way
Decision making: Either an agreement is reached or the judicial route would be advised
Legal experts
Thanks to our team of auto experts and engineers, we prepare all kinds of technical and / or scientific documents: Expert Party / Judicial Reports, Extrajudicial Expert Opinions and Pre Extrajudicial Reports. And its ratification in Trial if necessary.
We offer different types of Traffic Accident expert reports, such as: expert reports, vehicle surveys, accident reconstruction, damage assessment and deformation analysis.
Types of expert reports
Faults, falsified mileage, causes of claims, etc.
For the expert, it is necessary to carefully analyze and study the case, based on the documentation provided by the client, and carry out the corresponding visual inspection of the vehicle.
Reconstruction of accidents.
For the specialized expert, it is necessary to carefully analyze and study the case, based on the information in the statement but also based on his own methodology:
Analysis of the statement and / or technical report
Analysis of witness statements
Visual inspection of the site
Inspection of the different vehicles involved
Identification of victims
Fingerprint analysis
Tachograph disc analysis
Carrying out measurements and calculations
Disagreements with the insurance company
: Usually the experts are
professionals
who are responsible for assessing the repair. If you are not satisfied with the insurance expert, as an individual you can hire a
own expert
which has the same validity as that of the
insurance company.
Video and photo tests
We have a team of experts who can carry out photoperitations so that you have your report as soon as possible. We also carry out the video inspection service through WhatsApp, Skype, or Face Time for Apple users.
Maximum profitability for your business
We have monthly, quarterly, semi-annual or annual plans so that you are constantly up to date on the value of your fleet and the damages that show at all times, for your communication with the insurance company or your renting provider.
Mediation service
Mediation is an act prior to the judicial process, and a voluntary one that tries to bypass this route. In these, an expert (mediator) intervenes, who helps to find the most beneficial solution for both parties.
Unlike arbitration, in case of not reaching an agreement, the ordinary judicial process is open. However, this route tries to avoid a trial, with all the negative consequences that it entails (dilation in time, cost, emotional exhaustion, etc.).
However, an agreement may have the character of a Judicial Judgment, if the parties sign it and raise it to a public deed. If this does not exist, and there is non-compliance, it is necessary to open a judicial process through ordinary demand.
All about mediation
A Judicial Expert is the ideal person to guide the mediation process between the litigating parties. Our experts are specialized in the work related to the analysis of the technical circumstances in which an event occurs. Therefore, it is capable of independently and rigorously resolving all the details, characteristics and consequences thereof.
We can also provide you with the help of qualified legal consultants and attorneys to guide the process.
The MEDIATION Process with us:
1. Contact
Contact the Legal Expert
2. Case Study
And realization of Expert Opinion.
3. Joint Bargaining
Based on the analysis, what is agreed upon by the parties will be negotiated
4. Agreement / Judicial Way
Decision making: Either an agreement is reached or the judicial route would be advised