From the Latin opinion, an opinion is a judgment developed or communicated regarding some issue. The term does not have a very frequent use in everyday language, but is more associated with the judicial or legislative sphere.
The opinion, therefore, can be a sentence of a judicial nature pronounced by a court or a judge. In this way, a case or litigation is terminated. What the ruling does is recognize the right of one of the participants in the process, establishing the obligation of the other party to accept the resolution and respect it.
A judicial sentence is called an opinion.
Types of opinion
In the case of criminal law, the opinion establishes the conviction or provides acquittal to the accused. If he is found guilty, the ruling establishes the appropriate punishment as defined by law.
The opinion, therefore, can be condemnatory (the judge accepts the claims of the person suing) or acquittal (the judge agrees with the accused). Another classification speaks of a firm opinion (it does not accept the filing of appeals) and an appealable opinion (it is possible to file appeals).
For example: “This afternoon the opinion of the case that shocked the country and that could take the businessman to prison will be known”, “After hearing the opinion, the relatives of the victim unleashed their fury and exploded against the court”, “The opinion it satisfied both parties. ”
An opinion can be acquittal or condemnatory.
The term in the legislative field
In the legislative field, an opinion is a document studied, discussed, voted and accepted by the majority of the members of a commission.
It is, therefore, a constitutive legislative act that certifies compliance with a procedural requirement.
In turn, if the concept is analyzed in financial terms, it can refer to the opinion or judgment that an auditor makes when performing an external audit. This opinion can be of four different types:
* Opinion without qualifications: It occurs when the result of the Balance Sheet, the Statements of Change and Income are considered correct or reasonable by the auditor; that is, they comply with what is established in the accounting principles.
* Opinion with qualifications: At the end of his work, the auditor discovers that although the balances have returned a reasonable result, there are some threads that reveal a possible loss or qualification in the actions carried out by the company.
* Adverse opinion: When the balances do not return a reasonable result or the fundamental principles of accounting have not been met, this type of opinion takes place. In it, the External Auditor explains what the irregularities are and offers possible solutions to them.
* Opinion with abstention of opinion: It occurs when the Auditor is restricted by the company to investigate certain aspects that could help resolve the inconveniences or irregularities that may have been noticed in the result of the Balance. Lacking access to important transaction details, the auditor must opt for an impartial decision.
The role of the external auditor
It is important to point out that an audit consists of the examination, based on clear evidence that emerges from each of the financial actions that the company has carried out, of the financial statements of a company.
At the end of the study of these actions, the external auditor must offer a document that reflects the results of its investigation, they have legal validity and can be used by the company to present as evidence in a lawsuit or any other legislative action.
It should be explained that an external auditor is a professional or office of specialists in economics that is responsible for reviewing the performance of a company according to what is recorded in its records. They can be hired for different reasons, but they are generally consulted to obtain a certificate that proves the veracity of the figures that are reflected in their various accounting books. The auditor must be someone from outside the company so that their gaze is impartial and they are not carried away by favoritism or personal interests.