The expert report is an official document with a technical-scientific basis through which the official/judicial expert reports, in writing, the method used, the results obtained, and the conclusions reached in the expert examination; that is, it is the expression of the special knowledge inherent to the forensic scientist after carrying out investigations and expert examinations.
The expert report is used in judicial or administrative proceedings as technical evidence that can assist in deciding the case. It must contain clear, objective, and impartial information, and must follow specific standards and methodologies according to the expert’s area of ​​expertise.
Like any official document, it must follow official writing standards, informing and communicating with impersonality, clarity, conciseness, formality, and uniformity, as well as adhering to the standards of scientific writing with the rigor that forensic sciences demand. The expert report should accurately describe its recipient, the object and objective, the method and methodology, the materials used, the examinations performed, the technical-expert considerations, the answers to the questions, the impartial technical conclusion without value judgments of the expert, and any possible annexes.
Therefore, when producing such an important document, the official expert must be meticulous in the performance of their duties, and must not act in a biased manner or based on common sense. On the contrary, their work must be guided by science, truth, and applied legislation, because, certainly, the expert report will be a conclusive and emphatic document for achieving justice.
What the law addresses regarding the expert report
Federal Constitution – CF:
Article 37 – The public administration, direct, indirect or foundational, of any of the Powers of the Union, the States, the Federal District and the Municipalities, shall obey the principles of legality, impersonality, morality, publicity and efficiency (…).
Code of Criminal Procedure – CPP
Article 160 – The experts shall prepare the expert report, where they shall describe in detail what they examine, and answer the questions formulated.
Article 182 – The judge shall not be bound by the report, and may accept or reject it, in whole or in part.
Brazilian Code of Civil Procedure – CPC
Article 473, § 1 – In the expert report, the expert must present their reasoning in simple language and with logical coherence, indicating how they reached their conclusions.
§ 2 – The expert is prohibited from exceeding the limits of their appointment, as well as from issuing personal opinions that exceed the technical or scientific examination of the object of the expert analysis.
What information should an expert report contain?
At a minimum, a computer forensics expert report prepared by an expert should contain the following information:
Description of the object or situation examined: In a case of a company data breach, this section should include information about the type of data that was breached, such as personal data of clients, financial information, or intellectual property.
Identification of the information sources used: We must indicate which sources were used for the investigation, such as server log records, hard drive images, or data backups.
Methodology Used: Here, we describe the process used to collect and analyze the evidence, as well as the methods used to preserve data integrity. This may include the use of specialized software tools to recover data or analyze files.
Analysis of Results: This section of the expert report should contain a detailed analysis of the collected data and evidence found, including the identification of possible suspects, when possible.
Conclusion: In the conclusion of the report, we must summarize all relevant information and present the expert’s opinion on what happened and who is responsible. For example, the expert may conclude that the company was the target of a cyberattack and provide recommendations on security measures to prevent similar data breaches in the future.
Auditability of the Expert Report
The auditability of an expert report in computer forensics is a fundamental aspect of its validity and credibility. The report must be constructed in such a way that anyone with adequate knowledge can understand how the conclusions were reached. To this end, the expert must describe all stages of the process and the tools used, in addition to providing technical information about the analyses performed and the results obtained.
Auditability also includes the possibility of replicating the analyses and obtaining the same results. This can be important in cases that need to be reviewed or that are taken to trial. It is important that the expert report in computer forensics follows the norms and standards established by the scientific community, thus ensuring its reliability and objectivity.
An important point is that we must describe all the material that was used to support the expert report; this material must be described with richness in the technical characteristics that define it, as well as always using some HASH algorithm to sign these files.
Conclusion
The expert report is one of the most important tools for materializing criminal and civil evidence to be used for defense or prosecution. Several actors use this important document: judges, lawyers, experts…
