Authorized Expert

There are fundamentally many definitions that fall under the definition of authorized expert that include different responsibilities and professional standards of care.

shutterstock_122218906_SachverstaendigerAuthorized experts are required to conform to the following standards:

  • High level of general knowledge
  • Objectivity, impartiality, independence
  • Fair Process

For your orientation, several examples of the corresponding requirements and sources of law for authorized experts are laid out below (as free translation):

Any individual who declares themselves as a public official, artist, skilled tradesperson, or craftsman or voluntarily takes over a business without distress that requires a deep knowledge of a their art and a non-ordinary diligence acknowledges that they possess the necessary abilities and special knowledge to carry out their duties successfully; they must personally represent and deficits thereof. Should the persons who turned over the responsibilities have been aware of the knowledge deficit, or could have become aware with reasonable attention, they will carry an identical level of legal responsibility as the individual carrying out the duties  (§ 1299 ABGB, July 1, 1811)

An „Authorized Expert“ is a person whose specific expertise is sufficient to establish evidentiary facts (clinical examination) or to draw legally relevant conclusions in order to deliver an expert opinion, (§ 125 Z.1 StPO 1975).

“A person of integrity who possesses expertise and experience in one or more fields sufficient to understand and present their assessment of the facts in both written and verbal form is engaged to provide their opinion in their represented or designated area of expertise that objectively represents the general situation with their statements” (definition of expert opinion from  Germany´s National Accreditation Body (DAkkS))

„A person that possesses above average knowledge and experience in one or more areas of expertise and makes this knowledge available in a personal, independent, impartial, free of influence and conscientious way” (Definition of the Institute for Authorized Experts [Instituts für Sachverständigenwesen] (IFS), Cologne).