(2) Business process of inspection and appraisal: knowing the case → taking photos by biopsy → consulting medical records → appraisal (if the case is difficult, it needs to be consulted and discussed by experts) → making and issuing appraisal documents.
(three) in addition to the on-site service, the appraiser himself must be present for inspection, and the first forensic appraisal must be accompanied by the police handling the case.
(4) Copies of first-time outpatient medical records, inpatient medical records (including current medical history, physical examination, operation records, discharge summary, various inspection reports and imaging inspection reports) and imaging materials (X-rays, MRI films, CT films, etc.). ) and other medical materials must be brought with the first diagnosis (the above medical records are copied on A4 paper and stamped with the special seal for copying medical records by the hospital).
(five) for those who have the conditions for instant appraisal, the appraisal institution shall complete the appraisal work within the prescribed time limit; If the case is complicated and needs consultation, the evaluation institution shall complete it in time after consultation.
(6) Evaluation documents
The appraisal book shall be collected by the agent of the handling unit, and the appraisal data shall be handed over. The appraisal conclusion shall be informed to the relevant parties by the case-handling unit according to law.
Second, what is the meaning of the judicial authentication procedure in China? China's judicial expertise procedure refers to the specific steps of judicial expertise formulated in accordance with the objective laws of judicial expertise activities. The purpose of establishing judicial expertise procedure is to ensure the scientificity and standardization of judicial expertise work, protect the personal dignity of relevant personnel involved in judicial expertise activities, and realize the goal of justice and efficiency of judicial expertise.
The ways, methods, steps and relevant rules and standards that judicial authentication institutions and judicial appraisers should follow in carrying out judicial authentication activities.
According to the relevant provisions of the General Rules of Judicial Appraisal Procedure, judicial appraisal procedure refers to the ways, methods, steps and relevant rules and standards that judicial appraisal institutions and judicial appraisers should follow in conducting judicial appraisal activities.
Third, what is the second level of minor injuries in judicial appraisal? According to the latest Appraisal Standard of Human Injury Degree, the degree of human injury is divided into five grades from heavy to light: serious injury level 1, serious injury level 2, minor injury level 1, minor injury level 2 and minor injury level 2. Minor injuries are divided into minor injuries and minor injuries. The second-degree serious injury is the lower limit of serious injury, which is connected with the first-degree serious injury, and the upper limit of the first-degree serious injury is causing death; Minor injury level 2 is the lower limit of minor injury, which is connected with minor injury level 1, and the upper limit of minor injury level 1 is connected with serious injury level 2. It is more in line with the requirements of litigation, providing a clearer basis for sentencing for judges, and limiting the discretion of judges through technical standards.
Minor injuries refer to primary injuries caused by various injury factors or complications caused by primary injuries, which are not life-threatening; The structure and function of the left tissues and organs are slightly damaged or the appearance is affected.
According to the standards of human injury identification, the forensic expertise shall prevail, with the first level being heavier and the second level being lighter, all of which are the filing standards of intentional injury.
If it is identified as minor or serious injury, the perpetrator constitutes a crime and will be investigated for criminal responsibility according to the criminal law. The sentencing standard is fixed-term imprisonment of not more than three years, criminal detention or control for minor injuries; Those who cause serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and those who cause serious disabilities shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. The appraisal result is minor and can be punished for public security. As far as forensic identification is concerned, of course, minor injuries are heavier than minor injuries.
But as far as civil compensation and criminal responsibility are concerned, there is no difference between minor injuries and minor injuries, because the Civil Code (tort part), which is the basis for determining and judging compensation standards in trial practice, does not distinguish minor injuries from minor injuries, let alone establish different compensation standards. However, when the criminal law and relevant judicial interpretations stipulate the criminal responsibility of the crime of injury, they do not distinguish minor injuries from minor injuries, nor do they stipulate different sentencing standards.
The original criteria for identification of serious injuries and minor injuries (for trial implementation) did not divide serious injuries into serious injuries and serious injuries, while minor injuries were divided into minor injuries and minor injuries. The new appraisal standard of human injury makes a further detailed distinction between serious injury and minor injury, with the main purpose of strengthening the standardization and standardization of personal injury appraisal. For example, there is such a difference in details when dealing with the damage relationship in forensic identification. We can properly handle some problems that are difficult to solve under the old appraisal standard: if the injury has the same function as the previous injury/disease, that is, the two functions are equivalent, the degree of injury should be appropriately reduced according to the corresponding provisions of this standard, that is, if the grade is serious injury level I and serious injury level II, it can be identified as minor injury level I or minor injury level II according to the specific situation, and minor injury level I and minor injury level II.
After the injured person's injury is identified as minor injury, it shall be handled by the police in time. Once the injury is identified as minor injury, it constitutes intentional injury.