Libro Primero · Título III · Capítulo V Sección Cuarta. Peritación

The Public Prosecutor's Office or the tribunal may order an expert examination at the request of a party or on its own initiative, when special knowledge in any science, art, technique or trade is necessary or advisable in order to obtain, assess or explain an element of evidence.

The rules of expert evidence shall not apply to whoever testifies regarding facts or circumstances that they came to know spontaneously, without having been required by the competent authority, even if in reporting they use the special aptitudes they possess. In this case, the rules of testimonial evidence shall apply.

The experts shall hold a degree in the subject matter to which the point on which they are to give an opinion pertains, whenever the profession, art or technique are regulated. If, due to an insurmountable obstacle, a qualified expert cannot be secured in the place of the procedure, a person of manifest suitability shall be appointed.

The person designated as expert shall have the duty to accept and faithfully perform the office, unless he or she has a legitimate impediment, in which case he or she shall bring it to the knowledge of the tribunal upon being notified of the designation.

The experts shall accept the office under oath.

The following shall not be appointed as experts:

1)Those who do not enjoy their mental or volitional faculties.

2)Those who must or may abstain from testifying as witnesses.

3)Those who have been witnesses to the fact that is the subject of the procedure.

4)Those disqualified in the science, art or technique in question.

5)Those who have been appointed as technical consultants in the same procedure or in another related one.

Without prejudice to the provisions of the preceding article, the legal grounds for excusal or recusal of the experts are those established for judges.

The matter shall be resolved in the form of an incident, without any appeal, by the tribunal or judge controlling the investigation, as the case may be.

The sentencing tribunal, the Public Prosecutor's Office, or the judge who controls the investigation in the case of advance evidence, shall determine the number of experts who must intervene and shall appoint them according to the importance of the case and the complexity of the issues to be raised, taking into account the suggestions of the parties.

On its own initiative or at the request of the interested party, the subjects of the expert examination shall be fixed with precision and the place and the time limit within which they shall present their opinions shall be agreed upon with the appointed experts.

The parties may also propose their technical consultants, in a number not exceeding that of the appointed experts.

Any of the parties may propose, with sufficient grounds, topics for the expert examination and object to those already admitted or those proposed.

Experts shall be summoned in the same manner as witnesses. They shall have the duty to appear and to perform the office for which they were appointed.

When the expert examination is carried out at the hearing or in an anticipation-of-evidence proceeding, the judge or the president of the tribunal shall direct the expert examination and shall resolve all questions raised during the expert operations.

The experts shall jointly conduct the examination, whenever possible. The parties and their technical consultants may attend it and request the pertinent clarifications, and must withdraw when the experts begin deliberation.

If any expert fails to appear at the act, behaves negligently or fails to render their opinion within the granted time limit, the judge or the tribunal shall order substitution on its own initiative.

The opinion shall be reasoned and shall contain a detailed account of the operations carried out and their results, the observations of the parties or of their technical consultants, and the conclusions formulated with respect to each expert matter, in a clear and precise manner. The experts may issue separate opinions when there is a diversity of opinions among them.

The opinion shall be presented in writing, signed and dated, and orally at the hearings, as ordered by the tribunal or the authority before whom it will be ratified.

When the opinion is deemed insufficient, the tribunal or the Public Prosecutor's Office may order the expansion or renewal of the expert examination, by the same experts or by different ones.

The presentation or the seizure of things and documents, and the appearance of persons, may be ordered if it proves necessary to carry out the expert operations. The accused person and other persons may be required to provide a handwriting sample, record their voice, or carry out similar operations.

When the operation could only be performed voluntarily by the person required and he/she refuses to cooperate, a record of his/her refusal shall be made and, on its own initiative, the necessary measures aimed at remedying that lack of collaboration shall be carried out.

The things and objects to be examined shall be preserved, insofar as possible, so that the expert examination may be repeated. If the item analyzed must be destroyed or altered or there are discrepancies regarding the manner of conducting the operations, the experts shall inform the tribunal before proceeding.