Gutachten

Gutachten is a written assessment prepared by an expert (Gutachter) in response to a specific question or problem. It is typically commissioned by courts, authorities, organizations, or individuals and aims to provide an evidence-based evaluation, supported by data and reasoned argument.

It is used in legal proceedings to determine issues such as damages, disability, or causation; in medical, engineering, environmental, financial, and academic contexts. A Gutachten usually presents background information, the questions posed, the data consulted, the methods used, the findings, and a reasoned conclusion. It should identify assumptions, limitations, uncertainties, and may include recommendations. It should be transparent about sources and be reproducible to the extent possible.

It is prepared by a qualified expert, often after reviewing records and performing analyses or inspections. In many systems a court or authority may appoint a Gutachter; the report may be submitted as a court exhibit and, in some jurisdictions, be sworn or certified as an expert opinion. Types include court-certified Gutachten (Gerichtsgutachten), official/public-law Gutachten, and private Gutachten.

Quality is defined by independence, impartiality, and methodical thoroughness. The credibility of a Gutachten depends on the expert's qualifications, the soundness of methods, and the clarity of argument. The report is usually not binding; its weight is judged by the decision-maker.

Limitations include potential bias, incomplete data, and uncertainties inherent in complex assessments. A well-prepared Gutachten will explicitly address these.