The forensic accounting in Romania is governed by the Civil Procedure Code, Criminal Procedure Code and other special laws and represents evidence in court.
The forensic accounting in Romania is a technical expertise conducted by experts or specialists, in the disposal of the prosecution, the courts or other bodies having jurisdiction, in order to explain the facts and circumstances of the case.
The forensic accounting records are useful in solving cases and can be drawn up strictly by chartered accountant. Judicial audit represents accounting examinations ordered ex officio or at the request of the parties and is used in stages of civil or commercial trial, attached or not to a criminal process.
The forensic accounting examinations are administered by the judicial body as individual samples and their conclusions can not be automatically assumed by the authority that ordered or accepted them. In this sense, the judicial body may admit or reject the forensic accounting conclusions based on the scientific level, its quality and its correlation with the other evidence in cases subject to investigation and trial.
The forensic accounting records are automatically placed or accepted at the request of the parties involved in the judicial process for all stages of its progress in order to establish the truth and correctness of the litigation material in cases under investigation or trial phases.
The forensic accounting expertise is the point of interference between accounting and law, acting as scientific evidence. The object of accounting research expertise is the economic phenomena and processes reflected by the documents indicated by each litigant.
The main features of the forensic accounting in Romania are:
- it becomes evidence in any legal and judiciary lawsuit only when it stands necessary to elucidate the causes under investigation or trial;
- it is the activity by which the judicial bodies receive economic-financial information in order to establish good and necessary truth in order to resolve legal cases on facts researched and investigated or prosecuted;
- it is restricted to research economic and financial problems indicated by the judiciary;
- it has jurisdiction to review technical and operational documents and records and accounting necessary to clarify the objectives set by the judiciary;
- forensic accounting aims to confirm or to infirm the damages, irregularities, deficiencies or/and gaps;
- occurs as evidence given by prosecution and judgment in order to convince the reality and the conditions on the damage, defect, irregularity and so on;
- it is an occasional activity that occurs only when ordered by the judiciary.
The forensic accounting in Romania can be considered to have a scientific nature, due to the following statements:
- it is a research for facts and circumstances of economic and financial nature;
- it’s purpose of action includes economic activity for an economic issues and objectives set out by the judiciary;
- it examines statements and facts based on the information provided by economic record and its material support;
- it interprets data records and provides views on the issues investigated, based on the laws and normative acts regulating the activity in question;
- it draws conclusions based on the findings that serve as evidence for the judicial body which ordered the forensic accounting in Romania.
The task of carrying out forensic accounting expertise is binding unless the objection or the existence of circumstances generates incompatibility.
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