Latvijas Vēstnesis, 251, 23.12.2016.OP number: 2016/251.16
Translation validity: 24.12.2016.–28.02.2022.
Amendments not included: 08.02.2022., 03.12.2024.
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Republic of Latvia Cabinet |
Procedures for the Certification and Recertification of Forensic Experts
Issued pursuant to
Section 8, Paragraphs three and four,
Section 9, Paragraph two
of the Law on Forensic Experts
I. General Provisions
1. This Regulation prescribes:
1.1. the procedures for applying as a candidate of a forensic expert for certification;
1.2. the content of examination of forensic experts;
1.3. the procedures for the certification of forensic experts;
1.4. the minimum amount of knowledge necessary for the certification of forensic experts;
1.5. the fee for certification of forensic experts, the reliefs for the fee for certification and amount thereof, and also the payment procedures thereof;
1.6. the procedures for the recertification of forensic experts;
1.7. the requirements for the recertification of forensic experts;
1.8. the fee for the recertification of forensic experts and the payment procedures thereof;
1.9. the sample of a forensic expert certificate (Annex 1).
2. Chapters III and IV and Paragraph 63 of this Regulation shall not apply to candidates of a forensic expert in the speciality of a forensic medicine expert and a forensic psychiatry expert.
II. Fee for Certification and Recertification
3. The certification fee shall be 85 EUR for concurrently no more than two specialities of a forensic expert. The certification fee shall be 50 % of the certification fee specified in this Paragraph in the case referred to in Paragraphs 41 and 60 of this Regulation.
4. The certification fee for candidates of a forensic expert in the speciality of a forensic medicine expert and a forensic psychiatry expert shall be 7 EUR for concurrently no more than two specialities of a forensic medicine expert or forensic psychiatry expert. The certification fee shall be 50 % of the certification fee specified in this Paragraph in the case referred to in Paragraphs 41 and 60 of this Regulation.
5. The recertification fee for no more than two specialities of a forensic expert or for one complex recertification shall be 15 EUR.
6. The recertification fee for the speciality of a forensic medicine expert and forensic psychiatry expert shall be 10 EUR.
III. Organising an Examination, Procedures for Application, and Amount of Knowledge Necessary for Certification
7. An examination may be taken by a candidate of a forensic expert and a forensic expert who wishes to acquire the right to carry out forensic expert-examination in other speciality of a forensic expert (hereinafter - the candidate). The conformity of the candidate shall be assessed in accordance with the requirements referred to in Section 6 of the Law on Forensic Experts.
8. In the training programme approved by the Council of Forensic Experts (hereinafter - the Council):
8.1. the minimum amount of knowledge of the candidate in a particular speciality shall be included;
8.2. the duration (academic hours) necessary for acquiring the knowledge shall be determined;
8.3. the subject of the qualification paper in a relevant speciality shall be determined in which the assessment of theoretical viewpoints in the selected speciality of a forensic expert and analysis of the practice of expert-examinations are included. The subject of the qualification paper may also be the development of methodological instructions or research method.
9. The training programme shall consist of two parts:
9.1. a general part (determines the legal and general theoretical knowledge of forensic expert-examinations necessary for a forensic expert and is the same in all programmes of specialities);
9.2. a special part (determines the subjects to be acquired during training in the selected speciality of the expert, the minimum number of study expert-examinations to be carried out mandatorily, the number of expert opinions of study expert-examinations to be submitted for review (hereinafter - the opinions), and the amount and level of practical skills of candidates.
10. The acquisition of the training programme by the candidate shall be certified by an attestation (Annex 2) issued by a forensic expert-examination institution or head of the training (if training does not take place in a forensic expert-examination institution).
11. The candidate shall notify the Council in writing regarding commencement of training within two weeks, indicating the time period of training, the place and head of training. Upon changing the time period of training, the candidate shall, not later than two months before the end of the time period determined previously, notify the Council thereof in writing.
12. If during training the candidate uses the expert-examination method which is not registered with the Council, he or she shall, within two weeks after commencement of training, submit it to the Council for approval and registration.
13. On the basis of information regarding the number of candidates to be trained and end of time periods of training, the Council shall, not less than once a year, announce a qualification examination of a forensic expert in the official newspaper Latvijas Vēstnesis [the official gazette of the government of the Republic of Latvia], and also post the relevant information on the website of the Court Administration. The time period for submitting an application which is not shorter than 20 days from the day of publishing the announcement, shall be indicated in the announcement.
14. In order to take the examination, the candidate shall submit an application (Annex 3) to the Council. The following shall be attached to the application:
14.1. a copy of the document attesting education of the candidate;
14.2. curriculum vitae (in the form of CV Europass);
14.3. a copy of the individual training plan and attestation for completing training or a copy of the professional qualification certificate in professions in which the laws and regulations provide for attesting professional preparedness;
14.4. a copy of the document which attests knowledge of the official language on the highest level in conformity with the requirements of the Official Language Law (if basic, secondary or higher education is not acquired in Latvian in the accredited programme);
14.5. the opinions specified in the training programme by appending notes of the research carried out if only the research methods are listed and results provided in the opinions;
14.6. the qualification paper prepared during training regarding the subject in the selected speciality of a forensic expert;
14.7. a copy of the certificate regarding acquisition of special knowledge in the field of protection of the rights of the child if the candidate wishes to obtain a certificate in the speciality of a forensic expert "Research of psychological condition of children".
15. The submitted documents are not returned to the candidate.
16. The Council shall submit the list of the candidates to the Court Administration within two working days after expiry of the time period for applying referred to in Paragraph 13 of this Regulation.
17. The Court Administration shall, within three working days, prepare an invoice regarding the fee for certification referred to in Paragraph 3 of this Regulation and send it to the candidate.
18. The Council shall, within two working days after receipt of the documents referred to in Section 8, Paragraph six of the Law on Forensic Experts from the competent authority, submit the list of the candidates to the Court Administration.
19. The Court Administration shall, within three working days, prepare an invoice regarding the fee for certification referred to in Paragraph 4 of this Regulation and send it to the candidate.
20. The candidate shall, within five days after receipt of the invoice referred to in Paragraph 17 or 19 of this Regulation, pay the fee indicated in the invoice.
21. The Council shall, within a month after receipt of the fee specified in Paragraph 3 of this Regulation, review the documents referred to in Paragraph 14 of this Regulation, send the opinions and qualification paper submitted for reviewing, and also send the notification to the candidate regarding a permission to take examination by indicating the place and time for the examination (the examination shall be taken not earlier than a month after the day of sending the notification), or a decision to refuse to take the examination.
22. The Council shall, within one month, examine the documents submitted by the competent authority referred to in Section 8, Paragraph six of the Law on Forensic Experts after receipt of the fee specified in Paragraph 4 of this Regulation, assess the conformity of the candidate with the requirements referred to in Section 6 of the Law on Forensic Experts and take a decision to issue the certificate or a decision to refuse to issue the certificate of a forensic expert.
23. The Council shall refuse taking of an examination for the candidate and shall not organise reviewing of the submitted opinions and qualification paper if the candidate has not submitted the documents referred to in Paragraph 14 of this Regulation, non-conformity of the candidate with the requirements specified for the candidate in the Law on Forensic Experts has been established, or the candidate has not paid the fee specified in Paragraph 3 of this Regulation.
24. The Council shall select a reviewer from amongst the experts included in the Register of Forensic Experts. If there are no certified experts in the country in the speciality selected by the candidate, a representative of the academic staff of institutions of higher education of the corresponding speciality or a specialist in the relevant field shall be invited for reviewing the opinions and qualification paper.
25. A reviewer:
25.1. shall provide the following in the review of the opinions:
25.1.1. the conformity of the opinions with the requirements of the laws and regulations;
25.1.2. the conformity of the course of the research carried out and the results obtained with the method indicated in the opinion of the forensic expert and registered with the Council;
25.1.3. the justification of conclusions;
25.1.4. questions to which the candidate must provide answers during examination;
25.1.5. assessment in conformity with Annex 4 to this Regulation;
25.2. the following shall be provided in the review of the qualification paper:
25.2.1. the conformity of the content of the qualification paper with the selected subject and speciality of a forensic expert;
25.2.2. the justification of conclusions;
25.2.3. questions to which the candidate must provide answers during examination;
25.2.4. assessment in conformity with Annex 4 to this Regulation.
26. The reviewer shall review the opinions and qualification paper within 15 working days after receipt thereof. The review shall be submitted to the Council together with the reviewed opinions and qualification paper. The Council shall send the reviews to the candidate without delay.
27. If the reviewer detects that additional materials are required for the assessment of the opinions, he or she shall inform the Council thereof within two working days after receipt of the opinions. The reviewer may become acquainted with the method referred to in the opinions in the Council or by the head of training.
28. The candidate shall submit the additional materials referred to in Paragraph 27 of this Regulation to the reviewer without delay, but not later than on the second working day after receipt of the request of the Council.
IV. Content of an Examination, Procedures for Occurrence and Assessment Thereof
29. The Council shall develop and approve topics of an examination in the specialities of forensic experts and not less than once in five years review the topics of certification examination of forensic experts.
30. The Commission for Examination of Forensic Experts (hereinafter - the Commission) shall examine the knowledge of a candidate in the speciality chosen, evaluate the level of knowledge of the laws and regulations governing the activities of a forensic expert, his or her skill to draw up an expert opinion and to maintain record-keeping.
31. Examination may take place if the chairperson of the Commission and at least half of the members of the Commission participate in the work of the Commission. In the second part of examination the reviewer and at least one forensic expert (hereinafter - the invited forensic expert) in the corresponding speciality if any is registered in the Register of Forensic Experts, shall participate in the work of the Commission. The chairperson of the Commission shall chair the work of the Commission and shall be responsible for the course of the examination process and conformity of the assessment with the requirements of this Regulation.
32. Before examination the candidate shall present a personal identification document to the secretary of the Commission. The secretary of the Commission shall register the given name, surname and personal identity number in the Registration Journal of Candidates of Forensic Experts (Annex 5) (hereinafter - the Registration Journal).
33. The chairperson of the Commission shall inform the candidates regarding the procedures of the examination process and composition of the Commission before examination.
34. If the candidate misses the beginning of examination, he or she has the right to take examination with the permission of the chairperson of the Commission but the time for performance of the work shall not be extended.
35. If the candidate fails to arrive for examination due to justified reasons, he or she has the right to take examination at another time indicated by the Council. The fee for certification need not be paid repeatedly. The Council shall decide on whether the reasons for non-attendance are recognised as justified.
36. If the candidate fails to arrive for examination without justification, the fee for certification is not refunded to him or her.
37. The secretary of the Commission shall take minutes on the examination process. The place, time of the venue of examination, the composition of the Commission, the time for discussions of the Commission and decisions taken, the given name and surname of the candidate, the number of the examination paper selected by the candidate and questions asked and assessment shall be provided in the minutes. The chairperson of the Commission and the secretary of the Commission shall sign the minutes. Examination assessment forms completed by members of the Commission in each part of examination and examination assessment forms completed by the invited forensic experts and reviewer (Annex 6) in respect of the second part of examination, examination test forms and draft replies of the second part of the examination of the candidate shall be appended to the minutes.
38. The following shall not be permitted during examination:
38.1. to help other candidates or talk to them;
38.2. to use additional materials, including means of communication, portable computers, notebook computers, and literature;
38.3. to leave the examination room without permission of the chairperson of the Commission.
39. If the candidate fails to comply with the conditions referred to in Paragraph 38 of this Regulation, the chairperson of the Commission shall warn him or her and make a notation in the minutes regarding a warning expressed. If after receipt of the warning the candidate commits the infringement repeatedly, the chairperson of the Commission shall extradite the relevant candidate from the examination room. In such case the Commission shall prohibit the candidate to continue to participate in taking examination and a notation shall be made in the minutes that examination has not been passed.
40. The examination has two parts:
40.1. in the first part the candidate provides written replies to 60 test questions regarding the general part of the training;
40.2. in the second part the candidate orally provides answers to three questions specified in the examination paper regarding the special part of the training programme and defend the reviewed opinions and qualification paper.
41. The candidate shall take only the second part of examination if he or she has already acquired a certificate of a forensic expert in any of the specialities during the previous five years. In such case the candidate is partly released from the certification fee.
42. In the first part of examination the candidate shall, within one hour, complete the test in writing.
43. The candidate who has completed the test shall submit it to the chairperson of the Commission and leave the examination room. After the first part, the chairperson of the Commission shall announce a break during which the Commission shall assess the submitted tests.
44. The test is passed if the candidate has replied correctly to at least 45 questions. Obtaining a negative assessment in the first part of examination precludes the candidate from the right to participate in the second part of examination. The test result shall be entered in the minutes. The chairperson of the Commission shall announce the test results and the time for the second part of examination to the candidates in each speciality of a forensic expert.
45. In the second part of examination the candidates shall be invited in alphabetic order (by surnames) in the examination room in order to choose one examination paper. The candidate shall present the number of the selected paper to the chairperson of the Commission and the secretary of the Commission shall enter it in the minutes.
46. No more than five candidates may concurrently be present in the room where the second part of examination takes place.
47. The duration for preparation of answers to the questions of the second part of examination indicated in the paper shall be 30 minutes. No more than 10 minutes are intended for oral answer to each question.
48. The Commission shall listen to the answers given by the candidate to all questions indicated in the paper. The members of the Commission, a reviewer, and an invited forensic experts have the right to pose questions in order to clarify the answers.
49. After the candidate has answered to the questions indicated in the paper, he or she shall defend the reviewed opinions and qualification paper by replying to the questions defined in the reviews and posed by members of the Commission, reviewer and invited forensic experts and objections thereof.
50. The candidate who has completed the second part of examination shall submit draft answers, if any, to the chairperson of the Commission and leave the examination room.
51. After listening to the candidates, the chairperson of the Commission shall open the discussion of assessment of examination. During discussion each member of the Commission, reviewer and invited forensic expert shall assess the answers provided by the candidate to the questions indicated in the paper, the opinions submitted, the qualification paper, reviews thereof and defence of the opinions and qualification paper and submit the assessment form of examination (Annex 6) to the secretary of the Commission. The Commission shall assess the answers of the candidates according to a 10 point system in conformity with the criteria indicated in Annex 4 to this Regulation.
52. The assessment shall be entered in the minutes. The member of the Commission, the reviewer, and the invited forensic expert have the right to ask to enter his or her individual opinion regarding the assessment or examination process in the minutes.
53. After discussion of the examination assessment, the chairperson of the Commission shall invite the candidates in the room of the examination occurrence for announcing the examination assessment.
54. After examination, the secretary of the Commission shall transfer the Registration Journal, examination materials of the candidates and minutes to the Council.
55. The meetings of the Commission shall be closed. Information related to assessment of the examination works may be issued only by a written authorisation of the chairperson of the Council.
56. The Council shall, on the basis of a written request of the candidate, issue an extract of the assessment part of the assessment of the examination work.
57. The Council shall, on the basis of the assessments, opinions and notes submitted by members of Commission, take a decision within 10 working days to issue the certificate of a forensic expert or to refuse to issue the certificate. The certificate of the forensic expert shall be issued if the average assessment received by the candidate for answers to the questions indicated in papers and for opinions reviewed and defence thereof is at least five points. The Council may take a decision to refuse to issue the certificate of a forensic expert, if the assessment of the forensic expert or reviewer invited for work in the Commission in respect of the answer to any of the questions posed in the paper or in the review of the opinions or qualification paper has been less than five points.
58. On the next working day after taking the decision to issue the certificate of a forensic expert, the Council shall publish the information on the website of the Court Administration regarding issuance of the certificate of a forensic expert. The Council shall, within five working days after publishing the relevant information, prepare the certificate of a forensic expert.
59. The decision to refuse to issue the certificate of a forensic expert shall be sent to the candidate within five working days after the day of taking the decision.
60. The candidate who fails to pass examination has the right to take it repeatedly within two years but not earlier than after six months counting from the day of receipt of the decision. If repeated examination is passed within the specified time period, the candidate is partially released from the fee for certification. The candidate shall submit the application (Annex 3) for passing a repeated examination.
V. Procedures for Recertification
61. A forensic expert shall, not later than one month before the end of the term of validity of the certificate, submit the application for recertification of a forensic expert (Annex 7) to the Council.
62. A forensic expert who is certified in several mutually related specialities of experts and who has carried out the minimum number of expert-examinations necessary for ensuring qualification of a forensic expert specified in this Regulation (Annex 8), and also has carried out at least one measure of professional activity referred to in Annex 9 to this Regulation in each speciality, may apply for complex recertification.
63. The application shall be appended by the documents attesting the qualification and competence of a forensic expert:
63.1. a report on activities related to the speciality of the forensic expert (Annex 10) and documents attesting thereto issued during the term of validity of the certificate:
63.1.1. copies of the document attesting the improvement of qualification of the forensic expert (certificate, agenda or programme of the event, presentations prepared, publications and lectures, participation in professional competence tests, and documents of the test organiser attesting the results);
63.1.2. a copy of apprenticeship and training plan if the forensic expert is managing the apprenticeship or training;
63.1.3. a statement issued by the staff division of the institution regarding disciplinary sanctions or non-existence thereof;
63.1.4. an extract from the automated expert-examination registration system attested by the head of the institution or an attestation regarding the number of expert-examinations carried out in the relevant speciality;
63.1.5. a copy of the certificate regarding acquisition of special knowledge in the field of protection of the rights of the child if he or she wishes to acquire a certificate (to undergo recertification) in the speciality of a forensic expert "Research of psychological condition of children";
63.2. a letter of recommendation of the head of the forensic expert-examination institution, court, prosecutor's office or investigating authority.
64. Forensic medical experts and forensic psychiatry experts shall append the following to the application:
64.1. a copy of the certificate of a medical practitioner;
64.2. a letter of recommendation of the head of a forensic expert-examination institution where the attestation regarding the number of expert-examinations carried out in the relevant speciality and information regarding disciplinary sanctions are included if the forensic expert is a public forensic expert;
64.3. a letter of recommendation of the head of a forensic expert-examination institution, court, prosecutor's office or investigating authority.
65. The Council shall, within five working days, after receipt of the documents referred to in Paragraphs 63 and 64 of this Regulation, submit the list of forensic experts to the Court Administration for the preparation of invoices regarding payment of the fee specified in Paragraph 5 or 6 of this Regulation.
66. The Court Administration shall prepare an invoice regarding the fee for recertification referred to in Paragraph 5 or 6 of this Regulation and send it to the forensic expert.
67. The forensic expert shall, within five days after receipt of the invoice referred to in Paragraph 66 of this Regulation, pay the fee indicated in the invoice.
68. After submitting the application to the Council, the forensic expert has the right to submit additional information regarding the measures of professional activity which have been implemented after submitting the abovementioned application until the end of the term of validity of the existing valid certificate.
69. The Council shall take a decision to recertify the forensic expert within 15 days after receipt of the fee specified in Paragraph 5 or 6 of this Regulation.
70. The Council shall assess the activity of the forensic expert in conformity with the criteria for assessment of activity of a forensic expert referred to in Annexes 8, 9 and 11 to this Regulation, where necessary, by additionally requesting certain number of opinions of a forensic expert from the forensic expert. The points acquired are summed up. Activity of the forensic expert in the speciality of forensic medicine and forensic psychiatry shall be assessed in conformity with the submitted documents referred to in Paragraph 64 of this Regulation. taking into account the provisions of Paragraphs 27, 28, and 29 of Annex 9 and Paragraphs 22 and 23 of Annex 11 to this Regulation.
71. A decision to recertify shall be taken if a forensic expert has received not less than 120 points at least 25 points of which are granted for the minimum number of expert-examinations and at least 15 points for the measure of professional activity referred to in Annex 9 to this Regulation. The decision to recertify in a speciality of forensic medicine and forensic psychiatry shall be taken if the forensic expert has carried out the minimum number of expert-examinations referred to in Annex 11 to this Regulation and the number of points referred to in Paragraphs 27, 28, and 29 of Annex 9 to this Regulation is not more than 10. A new number shall be granted to the repeatedly issued certificate.
72. If the forensic expert is being certified in the complex recertification, the points referred to in Annex 9 to this Regulation shall be summed up in all related specialities of the expert, and the Council shall take a decision to recertify in each of the specialities of the expert.
73. The Council shall take a decision to refuse recertification if:
73.1. the expert has not obtained the number of points referred to in Paragraph 71 of this Regulation;
73.2. the forensic expert has provided false information in respect of issues related to his or her professional activity;
73.3. the certificate of a forensic medicine expert or a medical practitioner of a forensic psychiatry expert has become invalid;
73.4. the forensic expert has not provided documents within the time period referred to in Paragraph 61 of this Regulation;
73.5. the method of forensic expert-examination in the relevant speciality of a forensic expert is not registered with the Council.
74. If recertification is refused for a forensic expert, he or she shall acquire a certificate in accordance with the procedures laid down in Chapter IV of this Regulation by submitting an application and the documents referred to in Sub-paragraph 14.5 of this Regulation to the Council.
75. On the next working day after taking the decision to recertify and issue the certificate of a forensic expert, the Council shall publish the information on the website of the Court Administration regarding recertification and issuance of the certificate of a forensic expert. The Council shall, within five working days after publishing the relevant information, prepare the certificate of a forensic expert.
76. The Council shall notify the decision to refuse to recertify to a forensic expert in accordance with the procedures laid down in the Law on Notification.
VI. Issuance of a Certificate
77. A forensic expert shall receive a certificate in person by arriving at the Council.
78. The Council shall register the issued certificates - the last two digits of the year of issuance of the certificate, the code of speciality classification and sequence number of the certificate in the relevant year shall be indicated in the registration number (for example, 160101).
79. The Council shall, within 10 working days after receipt of the information referred to in Section 10, Paragraph two and Section 12, Paragraph two of the Law on Forensic Experts, include the information provided for in Section 4, Paragraph two of the Law on Forensic Experts regarding all certified forensic experts in the Register of Forensic Experts. Information regarding the Register of Forensic Experts is available on the website of the Court Administration.
80. A forensic expert shall be issued a duplicate of the certificate if the Council has recognised the certificate as invalid (the certificate is stolen, lost or become invalid for use).
VII. Closing Provisions
81. Documents received for certification or recertification before coming into force of this Regulation shall be assessed and the fee for certification or recertification shall be determined in conformity with the criteria which are laid down in Cabinet Regulation No. 427 of 10 June 2008, Procedures for the Certification and Recertification of a Forensic Expert.
82. A forensic expert to whom the certificate in the speciality of a forensic expert "Research of psychological condition of a person" has been issued until 30 June 2018 shall submit an attestation to the Court Administration regarding acquisition of special knowledge in the field of the rights of the child in order to obtain the certificate in the speciality "Research of psychological condition of children". The Council of Forensic Experts shall, within five days after receipt of the abovementioned attestation, issue the certificate of a forensic expert in the speciality "Research of psychological condition of children".
83. If the certificate is issued to a forensic expert in the speciality of a forensic expert "Research of psychological condition of children" in accordance with the procedures laid down in Paragraph 82 of this Regulation, the term of validity of the certificate shall be the same as for the certificate of a forensic expert in the speciality of a forensic expert "Research of psychological condition of a person".
84. For a forensic expert to whom the certificate in the speciality of a forensic expert "Research of psychological condition of a person" has been issued until 30 June 2018 the Court Administration shall issue the certificate in the speciality of a forensic expert "Research of psychological condition of adult persons" within five working days by determining the same term of validity of the certificate of a forensic expert as for the certificate of a forensic expert in the speciality of a forensic expert "Research of psychological condition of a person".
85. Sub-paragraphs 14.7 and 63.1.5 of this Regulation shall come into force on 1 July 2018.
86. Table 1 of Annex 8 to this Regulation shall be in force until 30 June 2018.
87. Table 2 of Annex 8 to this Regulation shall come into force on 1 July 2018.
88. Table 1 of Annex 11 to this Regulation shall be in force until 30 June 2018.
89. Table 2 of Annex 11 to this Regulation shall come into force on 1 July 2018.
Prime Minister Māris Kučinskis
Minister for Justice Dzintars Rasnačs
Annex 1
Cabinet Regulation No. 834
20 December 2016
Sample of a Forensic Expert Certificate
(supplemented lesser State coat of arms of Latvia)
Forensic Expert Certificate
|
No. |
The Council of Forensic Experts confirms that
|
according to |
the decision | |
|
(year, date) |
(the minutes No. _________)
|
(given name surname) |
| personal identity number |
- |
| is entitled to carry out | |
|
(type of expert-examination) |
| in speciality of | forensic expert-examination | |
|
(name of the speciality) |
| The certificate shall be valid from |
to |
||
|
(year and date) |
(year and date) |
|
Chairperson
____________________________________ |
Chairperson of
____________________________________ |
Place for a seal
Riga, ______________ _____
Minister for Justice Dzintars Rasnačs
Annex 2
Cabinet Regulation No. 834
20 December 2016
Attestation No._________
| , | |
|
(given name, surname) |
| from |
to |
has acquired | ||
|
(year and date) |
(year and date) |
professional knowledge of a forensic expert, including:
| 1) opinions of the forensic expert | have been prepared; | |
|
(number) |
2) a qualification paper of the forensic expert has been developed regarding the following subject
| ; | |
|
(title of the subject) |
| 3) participation | in court hearings; | |
|
(number) |
| 4) participation | in taking reference materials. | |
|
(number) |
The attestation has been issued on __________________ _________
| Head of the forensic expert-examination institution | |
|
(signature and full name) |
Place for a seal
Minister for Justice Dzintars Rasnačs
Annex 3
Cabinet Regulation No. 834
20 December 2016
Application for Taking an Examination of the Forensic Expert
Date __________________ _________
Speciality of a forensic expert No. _________, name ___________________________
| Given name | ||||
| Surname | ||||
| Personal identity number | ||||
| Address of the place of residence | ||||
| Phone | Fax | |||
I hereby certify that the restrictions for acquisition of qualification and certificate of the forensic expert and for carrying out of the duties of the forensic expert laid down in the Law on Forensic Experts are not applicable to me.
Appended:
1) ...
2) ...
|
(signature) |
Minister for Justice Dzintars Rasnačs
Annex 4
Cabinet Regulation No. 834
20 December 2016
Criteria for Assessment of the Expert Opinion, Qualification Paper and Second Part of the Examination
|
No. |
Assessment in 10 point grading system |
Description in words |
Explanation |
|
1. |
10 |
with distinction |
The knowledge of the candidate of a forensic expert (hereinafter - the candidate) exceeds the requirements of the training programme and indicate to independent profound acquisition of knowledge and deep understanding of problems. |
|
2. |
9 |
excellent |
The candidate has completely acquired the training programme, can freely apply the acquired knowledge to solving of problematic issues |
|
3. |
8 |
very good |
The candidate has completely acquired the training programme, her or she is familiar with theoretical framework, but sometimes lacks profound understanding and ability to apply this knowledge to solving of problematic issues |
|
4. |
7 |
good |
The candidate has nearly completely acquired the training programme, he or she is familiar with theoretical framework, however less important deficiencies in understanding some subjects have been detected |
|
5. |
6 |
almost good |
The candidate has acquired the training programme, he or she is familiar with theoretical framework, however there are deficiencies in understanding some subjects |
|
6. |
5 |
average |
The candidate has generally acquired the training programme, but insufficient understanding of several important problems has been detected |
|
7. |
4 |
almost average |
The candidate has superficially acquired the training programme, he or she comprehends many problems with insufficient depth, he or she cannot apply the acquired knowledge to solving of problems |
|
8. |
3 |
poor |
The candidate has superficially acquired the training programme, he or she is not able to independently solve problems |
|
9. |
2 |
very poor |
The candidate has superficially acquired only some subjects of the programme, in others he or she has no knowledge at all |
|
10. |
1 |
unsatisfactorily |
The candidate has no understanding regarding basic problems in any of the subjects of the training programme |
Minister for Justice Dzintars Rasnačs
Annex 5
Cabinet Regulation No. 834
20 December 2016
Sample of Examination Registration Journal of Candidates of Forensic Experts
Riga __________________ _________
|
No. |
Given name and surname |
Personal identity number |
Signature of the candidate of a forensic expert confirming his or her presence |
Number of the examination paper the candidate of a forensic expert |
Notation regarding the time of submitting a completed examination paper |
Identification number granted to the candidate of a forensic expert |
Notes |
|
1. |
|||||||
|
2. |
|||||||
|
3. |
Minister for Justice Dzintars Rasnačs
Annex 6
Cabinet Regulation No. 834
20 December 2016
Sample of an Assessment Form of the Examination of a Forensic Expert
| Date of taking examination | __________________ _________ |
| Number of the examination paper | |
| Given name and surname of the candidate of a forensic expert |
| Notes | ||
|
No. |
Assessment |
Notes |
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Minister for Justice Dzintars Rasnačs
Annex 7
Cabinet Regulation No. 834
20 December 2016
Application for Recertification of a Forensic Expert in the speciality of _____________________________________________
__________________ _________
| Forensic expert | ||||
|
(given name, surname and personal identity number) |
||||
| Certificate number | ||||
| Time period of validity of the certificate | ||||
| Address of the place of practice | ||||
| Phone | Fax | |||
I hereby certify that the restrictions for carrying out of the duties of the forensic expert laid down in the Law on Forensic Experts are not applicable to me.
Appended:
1) ...
2) ...
|
(signature) |
Minister for Justice Dzintars Rasnačs
Annex 8
Cabinet Regulation No. 834
20 December 2016
Number of Expert-examinations Necessary for Ensuring Qualification of a Forensic Expert in Complex Recertification
Table 1
Number of expert-examinations until 30 June 2018
|
No. |
Speciality code of a forensic expert |
Speciality type of a forensic expert |
Number of expert-examinations in related specialities for ensuring professional qualification in the reporting period (the number of expert-examinations indicated in each point shall comply with 100 per cent) |
| 1. | In total 20 | ||
| 02.01 | Soil research | Not less than 5 | |
| 07.01 | Research of plant objects | Not less than 5 | |
| 2. | In total 60 | ||
| 05.01 | Identification of weapons, research of gunshot residues and circumstances | Not less than 10 | |
| 05.02 | Diagnostic research of weapons and their ammunition | Not less than 10 | |
| 3. | In total 60 | ||
| 08.01 | Dactyloscopic identification | Not less than 10 | |
| 08.02 | Visualisation of traces of papillary line traces | Not less than 10 | |
| 4. | In total 50 | ||
| 09.01 | Technical research of documents | Not less than 20 | |
| 15.01 | Research of documentary materials | Not less than 10 | |
| 5. | In total 40 | ||
| 15.03 | Research of metals and their alloys | Not less than 10 | |
| 15.12 | Research of glass, ceramic and their products | Not less than 10 | |
| 6. | In total 45 | ||
| 15.04 | Research of narcotic and psychotropic substances | Not less than 10 | |
| 15.10 | Research of spirit and alcohol | Not less than 10 | |
| 7. | In total 45 | ||
| 15.05 | Research of oil products and inflammable liquids | Not less than 10 | |
| 28.01. | Technical research of fires | Not less than 10 | |
| 8. | In total 45 | ||
| 15.07 | Chemical research of pyrotechnic articles, explosives and explosion products | Not less than 10 | |
| 15.14 | Chemical research of gunshot residues | Not less than 10 | |
| 9. | In total 40 | ||
| 15.14 | Chemical research of gunshot residues | Not less than 10 | |
| 05.01 | Identification of weapons, research of gunshot residues and circumstances | Not less than 10 | |
| 10. | In total 50 | ||
| 21.01 | Polygraph expert-examination | Not less than 10 | |
| 26.01 | Research of psychological condition of a person | Not less than 15 | |
| 11. | In total 70 | ||
| 22.01 | Research of handwriting and signature | Not less than 20 | |
| 18.01 | Linguistic research of the written text | Not less than 5 | |
| 12. | In total 70 | ||
| 23.01 | Technical research of explosion | Not less than 20 | |
| 15.07 | Chemical research of pyrotechnic articles, explosives and explosion products | Not less than 20 | |
| 13. | In total 50 | ||
| 27.01 | Research of homoscopic traces | Not less than 10 | |
| 27.03 | Research of mechanoscopic traces | Not less than 10 |
Table 2
Number of expert-examinations from 1 July 2018
|
No. |
Speciality code of a forensic expert |
Speciality type of a forensic expert |
Number of expert-examinations in related specialities for ensuring professional qualification in the reporting period (the number of expert-examinations indicated in each point shall comply with 100 per cent) |
| 1. | In total 20 | ||
| 02.01 | Soil research | Not less than 5 | |
| 07.01 | Research of plant objects | Not less than 5 | |
| 2. | In total 60 | ||
| 05.01 | Identification of weapons, research of gunshot residues and circumstances | Not less than 10 | |
| 05.02 | Diagnostic research of weapons and their ammunition | Not less than 10 | |
| 3. | In total 60 | ||
| 08.01 | Dactyloscopic identification | Not less than 10 | |
| 08.02 | Visualisation of papillary line traces | Not less than 10 | |
| 4. | In total 50 | ||
| 09.01 | Technical research of documents | Not less than 20 | |
| 15.01 | Research of documentary material | Not less than 10 | |
| 5. | In total 40 | ||
| 15.03 | Research of metals and their alloys | Not less than 10 | |
| 15.12 | Research of glass, ceramic and their products | Not less than 10 | |
| 6. | In total 45 | ||
| 15.04 | Research of narcotic and psychotropic substances | Not less than 10 | |
| 15.10 | Research of spirit and alcohol | Not less than 10 | |
| 7. | In total 45 | ||
| 15.05 | Research of oil products and inflammable liquids | Not less than 10 | |
| 28.01. | Technical research of fires | Not less than 10 | |
| 8. | In total 45 | ||
| 15.07 | Chemical research of pyrotechnic articles, explosives and explosion products | Not less than 10 | |
| 15.14 | Chemical research of gunshot residues | Not less than 10 | |
| 9. | In total 40 | ||
| 15.14 | Chemical research of gunshot residues | Not less than 10 | |
| 05.01 | Identification of weapons, research of gunshot residues and circumstances | Not less than 10 | |
| 10. | In total 50 | ||
| 21.01 | Polygraph expert-examination | Not less than 10 | |
| 26.01 | Research of psychological condition of adult persons | Not less than 15 | |
| 11. | In total 70 | ||
| 22.01 | Research of handwriting and signature | Not less than 20 | |
| 18.01 | Linguistic research of the written text | Not less than 5 | |
| 12. | In total 50 | ||
| 23.01 | Technical research of explosion | Not less than 20 | |
| 15.07 | Chemical research of pyrotechnic articles, explosives and explosion products | Not less than 20 | |
| 13. | In total 50 | ||
| 26.01 | Research of psychological condition of adult persons | Not less than 15 | |
| 26.02 | Research of psychological condition of children | Not less than 15 | |
| 14. | In total 50 | ||
| 27.01 | Research of homoscopic traces | Not less than 10 | |
| 27.03 | Research of mechanoscopic traces | Not less than 10 |
Minister for Justice Dzintars Rasnačs
Annex 9
Cabinet Regulation No. 834
20 December 2016
Criteria for Assessment of Activity of a Forensic Expert
|
No. |
Criterion |
Points |
| 1. | Number of expert-examinations necessary for ensuring qualification of a forensic expert: | |
| 1.1. | above the amount of 100 per cent |
The number of expert-examinations carried out/the number of expert-examinations necessary for ensuring professional qualification + 100 points |
| 1.2. | in the amount of 100 per cent |
+ 100 points |
| 1.3. | in the amount of 75-99 per cent |
+ 75 points |
| 1.4. | in the amount of 50-74 per cent |
+ 50 points |
| 1.5. | in the amount of 25-49 per cent |
+ 25 points |
| 2. | Participation in a congress, seminar (not less than five hours) or in a conference: | |
| 2.1. | without active participation |
+ 3 points |
| 2.2. | stand report, development of theses |
+ 10 points |
| 2.3. | stand report, development of theses (co-author) |
+ 7 points |
| 2.4. | oral report or publication |
+ 15 points |
| 2.5. | oral report or publication (co-author) |
+ 12 points |
| 3. | Qualification raising of a forensic expert: | |
| 3.1. | participation in one-day courses (not less than five hours) |
+ 3 points |
| 3.2. | participation in two-day courses (not less than 10 hours) |
+ 6 points |
| 3.3. | participation in three-day or longer courses (not less than 15 hours) |
+ 8 points |
| 3.4. | participation in qualification raising courses (not less than 100 hours) |
+ 10 points |
| 3.5. | managing of courses |
+ 0.5 points for one academic hour |
| 3.6. | State recognised academic or higher vocational education (Master's degree) acquired in a sector related to the speciality of a forensic expert |
+ 7 points |
| 3.7. | the State recognised scientific degree of a doctor acquired in the sector related to the speciality of a forensic expert |
+ 15 points |
| 4. | Development of the method registered by the Council of Forensic Experts |
+ 15 points |
| 5. | Participation in the development of the method registered by the Council of Forensic Experts |
+ 5 points |
| 6. | Participation in a cross-laboratory comparative testing or skill examination (satisfactory result) |
+ 3 points |
| 7. | Organising skills examinations or cross-laboratory testing (preparation and assessment of the test) |
+ 8 points |
| 8. | Participation in organising skills examinations or cross-laboratory testing (preparation and/or assessment of the test) |
+ 3 points |
| 9. | Management of training of one candidate of a forensic expert |
+ 20 points |
| 10. | Management of training of one candidate of a forensic expert, if two training managers have been appointed |
+ 10 points |
| 11. | Reviewing an opinion of candidates of a forensic expert |
+ 1 point for each opinion |
| 12. | Management of training practice in a sector related to the speciality of a forensic expert |
+ 2 points per month |
| 13. | Review of a qualification paper of candidates of a forensic expert |
+ 5 points |
| 14. | Scientific-practical research the results of which are drawn up as a scientific report or the results of which are published in any of reviewed (quoted) publications |
+ 25 points |
| 15. | Co-operation in scientific-practical research the results of which are drawn up as a scientific report or published in any of reviewed (quoted) publications |
+ 13 points |
| 16. | Development of an educational material |
+ 10 points |
| 17. | Co-operation in development of an educational material |
+ 5 points |
| 18. | Development of a lecture course |
+ 7 for one lecture course |
| 19. | Activity in creation and maintenance of the database or collection governed in the laws or regulations |
+ 1 point per year |
| 20. | Activity in a professional association of forensic experts or working group in the sector related to a speciality of a forensic expert |
+ 2 points per year |
| 21. | Activity in an institution elected by a professional association in the sector related to the speciality of a forensic expert |
+ 3 points per year |
| 22. | Activity in the Commission for Certification of Forensic Experts |
+ 1 point per year |
| 23. | Activity in the Council of Forensic Experts |
+ 5 points per year |
| 24. | Activity in international projects in the sector related to a speciality of a forensic expert |
+ 5 points |
| 25. | Activity in approved working groups for the development of legal acts, concepts and projects in a sector related to the speciality of a forensic expert |
+ 5 points |
| 26. | Activity in working groups of the European Union and other international organisations in the sector related to the speciality of a forensic expert |
+ 2 points per year |
| 27. | Preparation of incorrect opinions of a forensic expert in respect of which the relevant notification of the Council of Forensic Experts has been received. |
- 15 points |
| 28. | Disciplinary punishment which has been received for the infringement related to the professional activity of a forensic expert |
- 25 points |
| 29. | Infringement of the norm of ethical rules of forensic experts |
- 10 points |
Minister for Justice Dzintars Rasnačs
Annex 10
Cabinet Regulation No. 834
20 December 2016
Report on Activity of a Forensic Expert in the speciality No. _____________________________________________
|
No. |
Date |
Measure |
Attestation |
Number of points |
Assessment of the Council |
| Number of expert-examination in the reporting period | |||||
| Conferences, seminars | |||||
| Courses | |||||
| Lectures | |||||
| Development of methods | |||||
| Activity in professional organisations, working groups | |||||
| Training of a candidate of a forensic expert, reviewing of expert-examinations | |||||
| Other measures | |||||
| Disciplinary punishments, infringements | |||||
| In total: | |||||
|
(given name, surname) |
(signature) |
Minister for Justice Dzintars Rasnačs
Annex 11
Cabinet Regulation No. 834
20 December 2016
Number of Expert-examinations Necessary for Ensuring Qualification of a Forensic Expert
Table 1
Number of expert-examinations until 30 June 2018
|
No. |
Speciality code of a forensic expert |
Speciality type of a forensic expert |
Number of expert-examinations for ensuring professional qualification in the reporting period (the number of expert-examinations indicated in each point shall comply with 100 per cent) |
| 1. | Soil expert-examination | ||
| 02.01 | Soil research | 20 | |
| 2. | Auto-technical expert examination | ||
| 03.02 | Research of road traffic accidents | 60 | |
| 3. | Expert-examination of cold weapons | ||
| 04.01 | Research of cold weapons | 15 | |
| 4. | Ballistic expert-examination | ||
| 05.01 | Identification of weapons, research of gunshot residues and circumstances | 30 | |
| 05.02 | Diagnostic research of weapons and their ammunition | 60 | |
| 5. | Biological expert-examination | ||
| 06.03 | Determination of DNA genotype of human biological material | 50 | |
| 6. | Botanical expert-examination | ||
| 07.01 | Research of plant objects | 10 | |
| 7. | Dactyloscopic expert-examination | ||
| 08.01 | Dactyloscopic identification | 60 | |
| 08.02 | Visualisation of traces of papillary line traces | 50 | |
| 8. | Technical expert-examination of documents | ||
| 09.01 | Technical research of documents | 50 | |
| 9. | Expert-examination of audio records | ||
| 10.01 | Identification of persons according to the linguistic features of their speech | 25 | |
| 10.02 | Research of audio records and devices, and identification of persons according to the acoustic parameters of the voice | 25 | |
| 10. | Expert-examination of accounting | ||
| 11.02 | Expert-examination of accounting | 10 | |
| 11. | Habitologic expert-examination | ||
| 12.01 | Identification of a person according to the external features | 10 | |
| 12. | Expert-examination of relief identification signs | ||
| 13.01 | Research of relief identification signs | 60 | |
| 13. | Expert-examination of information technologies | ||
| 14.01 | Research of information technologies | 20 | |
| 14. | Chemical expert-examination | ||
| 15.01 | Research of documentary materials | 30 | |
| 15.02 | Research of colours and polymerized material and coatings | 30 | |
| 15.03 | Research of metals and their alloys | 30 | |
| 15.04 | Research of narcotic and psychotropic substances | 30 | |
| 15.05 | Research of oil products and inflammable liquids | 30 | |
| 15.07 | Chemical research of pyrotechnic articles, explosives and explosion products | 30 | |
| 15.10 | Research of spirit and alcohol | 25 | |
| 15.12 | Research of glass, ceramic and their products | 30 | |
| 15.13 | Research of fibre materials and animal hair | 20 | |
| 15.14 | Chemical research of gunshot residues | 30 | |
| 15. | Chemico-toxicological expert-examination | ||
| 16.01. | Chemico-toxicological research with a view to determine narcotic, psychotropic and toxic substances, spirit and its homologues and substitutes | 25 | |
| 16. | Narcological expert-examination | ||
| 17.01 | Narcological research of influence of alcohol, narcotic, psychotropic and toxic substances on the person | 25 | |
| 17. | Linguistic expert-examination | ||
| 18.01 | Linguistic research of the written text | 10 | |
| 18. | Odourological expert-examination | ||
| 20.01 | Odourological research | 10 | |
| 19. | Psychodiagnostical polygraph expert-examination | ||
| 21.01 | Polygraph expert-examination | 24 | |
| 20. | Handwriting expert-examination | ||
| 22.01 | Research of handwriting and signature | 70 | |
| 21. | Technical expert-examination of explosion | ||
| 23.01 | Technical research of explosion | 30 | |
| 22. | Forensic medical expert-examination | ||
| 24.01 | Forensic medical expert-examination of live persons and dead persons | 60 | |
| 24.03 | Determination of human biological material and serological research thereof | 60 | |
| 23. | Forensic psychiatry expert-examination | ||
| 25.01 | Research of the mental condition of a person | 50 | |
| 24. | Forensic psychological expert-examination | ||
| 26.01 | Research of psychological condition of a person | 50 | |
| 25. | Traceological expert-examination | ||
| 27.01 | Research of homoscopic traces | 30 | |
| 27.03 | Research of mechanoscopic traces | 15 | |
| 27.05 | Traceological research of blood traces | 15 | |
| 26. | Technical expert-examination of fires | ||
| 28.01 | Technical research of fires | 30 | |
Table 2
Number of expert-examinations from 1 July 2018
|
No. |
Speciality code of a forensic expert |
Speciality type of a forensic expert |
Number of expert-examinations for ensuring professional qualification in the reporting period (the number of expert-examinations indicated in each point shall comply with 100 per cent) |
| 1. | Soil expert-examination | ||
| 02.01 | Soil research | 20 | |
| 2. | Auto-technical expert examination | ||
| 03.02 | Research of road traffic accidents | 60 | |
| 3. | Expert-examination of cold weapons | ||
| 04.01 | Research of cold weapons | 15 | |
| 4. | Ballistic expert-examination | ||
| 05.01 | Identification of weapons, research of gunshot residues and circumstances | 30 | |
| 05.02 | Diagnostic research of weapons and their ammunition | 60 | |
| 5. | Biological expert-examination | ||
| 06.03 | Determination of DNA genotype of human biological material | 50 | |
| 6. | Botanical expert-examination | ||
| 07.01 | Research of plant objects | 10 | |
| 7. | Dactyloscopic expert-examination | ||
| 08.01 | Dactyloscopic identification | 60 | |
| 08.02 | Visualisation of traces of papillary line traces | 50 | |
| 8. | Technical expert-examination of documents | ||
| 09.01 | Technical research of documents | 50 | |
| 9. | Expert-examination of audio records | ||
| 10.01 | Identification of persons according to the linguistic features of their speech | 25 | |
| 10.02 | Research of audio records and devices, and identification of persons according to the acoustic parameters of the voice | 25 | |
| 10. | Expert-examination of accounting | ||
| 11.02 | Expert-examination of accounting | 10 | |
| 11. | Habitologic expert-examination | ||
| 12.01 | Identification of a person according to the external features | 10 | |
| 12. | Expert-examination of relief identification signs | ||
| 13.01 | Research of relief identification signs | 60 | |
| 13. | Expert-examination of information technologies | ||
| 14.01 | Research of information technologies | 20 | |
| 14. | Chemical expert-examination | ||
| 15.01 | Research of documentary material | 30 | |
| 15.02 | Research of colours and polymerized material and coatings | 30 | |
| 15.03 | Research of metals and their alloys | 30 | |
| 15.04 | Research of narcotic and psychotropic substances | 30 | |
| 15.05 | Research of oil products and inflammable liquids | 30 | |
| 15.07 | Chemical research of pyrotechnic articles, explosives and explosion products | 30 | |
| 15.10 | Research of spirit and alcohol | 25 | |
| 15.12 | Research of glass, ceramic and their products | 30 | |
| 15.13 | Research of fibre materials and animal hair | 20 | |
| 15.14 | Chemical research of gunshot residues | 30 | |
| 15. | Chemico-toxicological expert-examination | ||
| 16.01. | Chemico-toxicological research with a view to determine narcotic, psychotropic and toxic substances, spirit and its homologues and substitutes | 25 | |
| 16. | Narcological expert-examination | ||
| 17.01 | Narcological research of influence of alcohol, narcotic, psychotropic and toxic substances on a person | 25 | |
| 17. | Linguistic expert-examination | ||
| 18.01 | Linguistic research of the written text | 10 | |
| 18. | Odourological expert-examination | ||
| 20.01 | Odourological research | 10 | |
| 19. | Psychodiagnostical polygraph expert-examination | ||
| 21.01 | Polygraph expert-examination | 24 | |
| 20. | Handwriting expert-examination | ||
| 22.01 | Research of handwriting and signature | 70 | |
| 21. | Technical expert-examination of explosion | ||
| 23.01 | Technical research of explosion | 30 | |
| 22. | Forensic medical expert-examination | ||
| 24.01 | Forensic medical expert-examination of live persons and dead persons | 60 | |
| 24.03 | Determination of human biological material and serological research thereof | 60 | |
| 23. | Forensic psychiatry expert-examination | ||
| 25.01 | Research of a mental condition of a person | 50 | |
| 24. | Forensic psychological expert-examination | ||
| 26.01 | Research of psychological condition of adult persons | 50 | |
| 26.02 | Research of psychological condition of children | 50 | |
| 25. | Traceological expert-examination | ||
| 27.01 | Research of homoscopic traces | 30 | |
| 27.03 | Research of mechanoscopic traces | 15 | |
| 27.05 | Traceological research of blood traces | 15 | |
| 26. | Technical expert-examination of fires | ||
| 28.01 | Technical research of fires | 30 | |
Minister for Justice Dzintars Rasnačs
Translation © 2017 Valsts valodas centrs (State Language Centre)