Request for explanations - Challenge - Nullity of Psychological Expertise

Once the expert has submitted its opinion on the record, ex officio or upon request the court may order to provide explanations as necessary.

Although the CPCC in the Province of Buenos Aires does not consider the possibility of impeachment, in the opinion of the NPC may be challenged if it has no probative value.

The invalidity of expertise will occur when, among other reasons, the opinion does not contain an adequate explanation of the technical operations conducted and the scientific principles on which they base their conclusions.

In all cases please note that mere disagreement is not sufficient to bring down the probative value of expert opinion.

Most often seen in the records that, in a ruling that is unfavorable, the parties commenting on the skills and although this is logical and understandable in the sense that the parties affected by such results want to get rid of a test capable of significantly affect the amount of condemnation, and the good practice of lawyers involves defending the interests of their clients, the constant is found observations "generic" which generally indicate the absence of a thorough analysis of the contents of the expertise in question.

The result is that almost all of these observations are very easily answered by the experts, becoming a mere procedural act that, while it is completed within the time limits, lead to a "bear in mind" and finally there will be no variation in the amount of compensation for the item at the time of sentencing.

While it can not be certain that the findings from an analysis appropriate expertise will provide the desired result, it is true that when the formulation of questions is done with appropriate expertise, often leads to a modification of the values ​​of disability and / or treatment costs, and may even be crucial for resolution to appoint a new expert.

The development of an order of explanation is a very technical and artisanal work, many times more complex than the same expertise as it involves an analysis of the process by which the expert witness arrived at their conclusions, as well as diagnosis , its foundations, psychodiagnostic techniques that support it and provide the requisite objectivity, the way in which these techniques were administered and evaluated, considerations relating to the severity of the clinical and treatment has been shown, and so on.

Many times over the years, psychologists have found infested orders dating explanations of known texts of psychological concepts of wide circulation in the judicial means such as Hernán Daray. The task of answering the same transfer is not very difficult, sometimes almost can guess each of the possible questions. But psychology, psychopathology and Psycho are much more than that. Surely all the resources available can be decisive.

Mr. Germain G. De Stefano