Judicial expertise system
(1) The program is open.
1. If the public security organ requires injury identification in handling public security and criminal cases, the case-handling unit shall promptly issue a power of attorney for forensic injury identification, and the parties shall go to the entrusted forensic identification institution for identification with the power of attorney.
2. The public security organ handling the case shall inform the appraisal institutions entrusted by both parties.
3. According to the provisions of Article 28 of the Criminal Procedure Law, the parties may apply to the members of the entrusted appraisal institution for four times to withdraw. If the injured are not treated locally, they may ask the case-handling unit to replace the entrusted appraisal institution, but they may not ask the appraisal institution themselves.
4. The handling unit must disclose the contents and conclusions of the appraisal to both parties.
5. After the first appraisal, if one or both parties have any objection to the appraisal conclusion, they have the right to apply, and the case-handling unit shall entrust a legal appraisal institution to review or re-appraise. The handling unit shall issue a power of attorney to the application of the parties within ten days and shall not refuse.
6. If the conclusions of the two appraisals are different, the case-handling unit shall, in accordance with the provisions of Article 120 of the Criminal Procedure Law, issue a power of attorney to the parties and entrust the hospital designated by the provincial people's government for appraisal.
(2) disclosure of evaluation information
1. The entrusted judicial authentication institution of the public security organ shall accept the entrustment of the case-handling unit and shall not refuse without reason. The authentication institution has the right to refuse the parties without power of attorney.
2, forensic injury identification should adhere to the principle of seeking truth from facts, on the basis of detailed and reliable inspection and identification data, access to the original medical records, objective and fair to make an appraisal conclusion.
3. After making an appraisal, the judicial authentication institution shall disclose the appraisal conclusion, inspection results, hospital medical records adopted and the laws and regulations on which it is based to the case-handling unit.
4, the parties have questions about the appraisal conclusion, test results, adopted hospital medical records and the laws and regulations on which they are based, and the forensic expert shall make an explanation.
5. After receiving the case, the forensic expert shall send the forensic expert certificate to the case-handling unit within ten working days (except that it is necessary to observe the change period of the injury due to functional injury); Difficult cases should be sent to the handling unit within fifteen working days; If the injury is complicated and it is difficult to draw a conclusion, it shall be transferred to a superior appraisal institution within fifteen working days.
6. The appraiser must cooperate closely with the appraiser when accepting the inspection, and must provide all the real medical records, inspection reports and various photos to the appraiser, and shall not resort to deceit. Offenders shall be investigated for legal responsibility according to law.
(3) Making fees public
The fees for judicial expertise shall be strictly implemented in accordance with the relevant provisions of the local materials committee, and the scope shall not be expanded or the fees shall not be raised without authorization.