Lawyers applying for criminal competence appraisal

With the rapid development of the times and social economy, we may encounter all kinds of legal problems, so we should know more about some legal knowledge. If you are currently faced with the problem of who can be entrusted with the judicial appraisal of traffic accident injuries, and there is no way to solve the problem of filing standards for traffic accident crimes, then you can find the answer through some legal knowledge compiled in this paper.

1. Who can be entrusted with the judicial appraisal of traffic accident injuries?

A disability appraisal institution may be entrusted by a law firm, designated or entrusted by the traffic administrative department of the public security organ, or entrusted by the parties themselves, but before entrusting, it is necessary to know whether this appraisal institution has the corresponding appraisal qualification, otherwise its appraisal conclusion may not be adopted by the court.

Paragraph 2 of Article 49 of the Regulations on Traffic Accident Handling Procedures stipulates:

If a party is disabled due to a traffic accident, after the end of treatment, a qualified disability appraisal institution will assess the disability level.

Therefore, the disability appraisal should wait until the end of treatment, usually three months after discharge, but if the injury has stabilized, you can go to a qualified disability appraisal institution to assess the disability level in advance according to the advice of medical institutions.

If there are fixtures (such as steel nails installed in fracture treatment), you can only do disability identification after taking out the fixtures.

If the identification is carried out before the end of treatment, it is still impossible to judge whether the victim will leave a certain injury effect after the end of treatment and whether it is intact. The evaluation based on the victim's injury at this time is not objective and cannot reflect and reflect the situation after treatment.

Second, the standard of filing the crime of causing traffic accidents.

1. In the event of an accident, the owner takes full or main responsibility for the accident, and one person is killed or more than three people are seriously injured;

2, in the accident, both parties have the responsibility, equal responsibility, resulting in more than three deaths;

3. If property losses are caused, the owner shall be fully or mainly responsible for the accident, and the amount of compensation is more than 300,000 yuan, which is unable to compensate.

4. In the accident, if the owner is fully or mainly responsible for the accident, and more than one person is seriously injured in the accident, and one of the following circumstances occurs, he shall be convicted and punished according to the crime of traffic accident:

(1) driving a motor vehicle after drinking or taking drugs;

(2) Driving a motor vehicle without a driver's license;

(3) Failing to repair and drive the car in time knowing that there is something wrong with it;

(four) knowing that there is no brand or scrapped cars are still driving;

(five) the driving car is seriously overloaded;

(6) escaping after a traffic accident.

In short, after a traffic accident, it is best to entrust a law firm or a public security organ for judicial expertise. Moreover, in traffic accidents, you can't apply for judicial expertise immediately after hospitalization. Although there is no uniform time to apply for judicial expertise, you have to wait until your condition is relatively stable.

That's why the client is required to provide a discharge certificate.

Through the content of this article, I hope I can answer the questions you are facing. You can learn more legal knowledge in peacetime, so that you can protect your rights and interests through the legal knowledge you have learned when facing legal problems that need to be solved.