Injury identification materials:
Article 12 of the General Principles of Forensic Identification Procedures stipulates that identification materials include biological and non-biological test materials, comparison test materials and other identification matters Relevant identification information.
Appraisal procedures:
1. Entrustment
Forensic appraisal institutions and social professional forensic appraisers accept the entrustment of judicial organs to engage in judicial appraisals required by entrusted matters; The entrustment of appraisals in litigation cases is stipulated by the industry.
1. Forensic appraisal institutions accept the entrustment of judicial appraisals from judicial organs and arbitration institutions.
2. In litigation cases, if the parties bear the burden of proof, the judicial appraisal agency may also accept the judicial appraisal entrustment from the parties. Forensic appraisals entrusted by the parties are generally conducted through law firms.
2. Acceptance
After accepting the entrustment, the judicial appraisal institution shall review the entrustment of the client and make the following decisions:
1. For cases that are in compliance with the requirements of acceptance Conditions, if it can decide to accept the case immediately, the judicial identification institution shall sign the "Forensic Identification Entrustment Acceptance Contract" with the client;
2. If it cannot decide to accept the case immediately, it shall issue the "Forensic Identification Entrustment Acceptance Contract" to the client 》. The "Forensic Appraisal Entrustment Materials Receipt Form" shall be issued to the client, and a decision on acceptance shall be made within 7 days from the date of receipt of the entrustment materials;
3. For those who do not meet the acceptance conditions, a decision will be made to reject the application. If the decision is made, the identification materials should be returned and the reasons explained to the client;
4. For entrustment by letter, the judicial identification agency shall make a written reply on whether to accept the application within 7 days from the date of receipt of the letter. A written reply on whether it is accepted or not.
3. Initial Appraisal
After the appraisal agency accepts the case, it shall assign personnel with social professional judicial appraisal qualifications to conduct the appraisal work. The same appraisal shall be conducted by two persons with social professional judicial appraisal qualifications. personnel.
IV. Supplementary appraisal
If a forensic appraisal agency accepts a commission to conduct a supplementary appraisal, the client shall review the requested matters and do not fall within the scope of Article 30 of the "General Principles of Forensic Authentication Procedures" If circumstances are specified, the social professional judicial appraisal institution shall explain the situation to the client and return the power of attorney.
If the supplementary appraisal complies with the circumstances stipulated in Article 31 of the "General Principles of Forensic Authentication Procedures", the social professional judicial appraisal institution may appoint the original appraisal person or other social professional judicial appraisal persons, and the supplementary appraisal document shall be the original appraisal document components of the instrument. Under any of the following circumstances, the forensic identification agency may be entrusted to conduct supplementary identification:
(1) New relevant identification materials are discovered;
(2) The original identification items are omitted .
5. Re-identification Re-identification
For re-identification, the professional forensic identification agency shall require the client to provide the same materials as the original identification materials. If the re-identification is still being conducted by the original social professional judicial appraisal institution, the original appraiser cannot be responsible for the re-identification matters. Under any of the following circumstances, a forensic identification institution may be entrusted to conduct a re-identification:
(1) The forensic identification institution or judicial authenticator conducts identification beyond the scope of forensic identification business or the type of practice;
(2) The submitted appraisal materials are false or inaccurate;
(3) The original appraiser used improper standards, methods or equipment, resulting in the original appraisal conclusion being unscientific and inaccurate;
p>(4) The original identification conclusion is inconsistent with other evidence;
(5) The original judicial expert should have recused himself but did not;
(6) The original judicial expert If the appraiser issues a wrong appraisal conclusion due to fault;
6. Review If the appraiser has objections to
the appraisal conclusion and needs to review the appraisal, other superior judicial appraisers need to submit appraisal materials when reviewing the appraisal. , the original judicial appraisal documents should be submitted.
7. Appraisal Documents
After the judicial appraiser completes the social professional forensic appraisal work, he shall issue a judicial appraisal document.
The production of social professional forensic identification documents shall comply with the provisions of Articles 39, 40, 41 and 42 of the "General Principles of Forensic Identification Procedures". Forensic appraisal documents are made in triplicate, one of which is handed over to the client and two copies are archived by the forensic appraisal agency.
Extended information:
The difference between injury appraisal and disability appraisal:
1. The appraisal time is different.
Work-related injury identification should be carried out after the work-related injury occurs, while disability identification should be carried out after the treatment is completed, because the basis for the two identifications is different.
2. The identification time and organs are different.
Traffic accident disability appraisal is generally carried out by the public security organs or the parties involved apply to the court or a third-party qualified institution for appraisal.
3. Different purposes.
Disability assessment mainly assesses the degree of disability after treatment, that is, the degree of impact on the victim's work, life, and social abilities. The injury assessment is to determine the severity of the injury itself.
In view of the different purposes of the two, there is a certain difference in the assessment of injury and the assessment of disability level. In other words, what can be assessed as a serious injury does not necessarily constitute a disability. This is because some injuries may be serious in themselves, but may heal with treatment without affecting function.
Injury assessment is based on the "Human Body Injury Assessment Standards" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, and the Ministry of Justice. The victim is required to conduct injury assessment immediately after the injury occurs. In order to determine the severity of the injury itself, it can provide a scientific basis for judicial trials and can be used to help determine criminal liability and administrative liability.
The disability assessment is to assess the victim’s degree of disability after treatment to determine civil liability assessment.
4. The standards are based on different standards.
In road traffic accidents, the disability assessment is based on the "Classification of Human Injury and Disability Degrees" standard; while the injury assessment is currently based on the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the State The "Standards for Identification of Human Body Injury Degrees" jointly issued by the Ministry of Safety and the Ministry of Justice.
5. The two levels are different.
Disability assessment is divided into levels from 1 to 10 according to the degree of impact on work, life and social activities, while injury identification is divided into minor injury, minor injury level 2 and minor injury 1 according to the severity of the injury itself. level, serious injury level two, serious injury level one.
6. The purpose of use is different.
The conclusion of the disability appraisal is used to determine the assumption of civil compensation or criminal liability, while the injury appraisal is used to determine the assumption of criminal liability and administrative liability. For example, the size of a traffic accident is determined by how many people are slightly injured, seriously injured, or killed.
Reference: Baidu Encyclopedia-General Principles of Forensic Identification Procedures