El metaperitaje : solución ante el fallecimiento del perito previa sustentación oral en audiencia.

Abstract

The expert qualified by the Council of the Judiciary has that quality in accordance with the Regulation of the Expert System of the Judicial Function; On the other hand, the expert report is that document where the expert reflects his analysis and results concerning the situation underneath the study and must be supported orally at the hearing. Qualified experts work as auxiliaries of justice with objectivity, impartiality, and independence, among other characteristics. Therefore, among the specific obligations that an expert has is to explain and defend the expert report presented and its findings in the oral hearings for which he was notified in legal and due form. The support of his report in oral hearing is essential because the specialized reasons of the expert to reach the corresponding conclusion are exposed. However, the rule does not provide for the expert's death or the procedure to be followed in this scenario. In this sense, this degree work aims to analyze the meta-expertise as a possible way to correct the lack of guidelines concerning the expert's death before defending his expertise in the oral hearing.