How to cross-examine the appraisal records? (Irregular appraisal process is also a reason for innocence.)

How to cross-examine the appraisal records? (Irregular identification process is also a reason for innocence) Core point: In the identification transcript, the photo of the defendant Qiu Mou is obviously bright and has a height scale. In the identification video, the defendant Qiu was obviously lower than others and did not mix with objects with similar characteristics, which did not meet the identification requirements.

determination in the original trial:

article 9 should focus on checking whether the appraisal process and methods and the production of appraisal records are in compliance with the provisions.

The written appraisal record shall not be used as the basis for finalizing the case in any of the following circumstances:

(a) The appraisal was not conducted under the auspices of investigators;

(2) before the appraisal, the appraiser can see the appraisal object;

(3) The appraisal activities are not carried out separately;

(4) The appraisal objects are not mixed with other objects with similar characteristics, or the number of appraisal objects does not meet the requirements;

(5) in the process of identification, it is obviously implied to the appraiser or obviously suspected of identification;

(6) other circumstances in which the authenticity of the appraisal record cannot be determined in violation of relevant regulations.

The victim, joe 1, was beaten by three masked men with sticks at the gate of the community. The last three masked men fled the scene in a car with a blocked license plate number. After identification, joe 1, the victim, was slightly injured (Grade I), and his disability grade was comprehensively assessed as Grade IX. After the victim joe 1 and his daughter Joe 2 identified the defendant Qiu as involved in beating Joe.

One of the prosecution's evidences: identification of transcripts, identification of photos and identification of videos, which proves that the No.11 masked person in a group of masked photos identified by joe 1 is Qiu. Qiao Er identified No.4 as one of the men who beat his father joe 1 (Qiu Mou) in a group of men's facial photos. The identification video was identified by Joe 2' s real person, which proved that the third person from the left was one of the men who beat his father (Qiu).

The court held that:

1. In this case, the defendant Qiu denied the crime, and the statement of the victim joe 1 gradually changed from suspicion to confirmation of the perpetrator, while the witness Joe 2 proved that the statement of the person who beat joe 1 was inconsistent.

2. In the identification record, the photo of the defendant Qiu is obviously bright and has a height scale. In the identification video, the defendant Qiu's height is obviously lower than others, and he is not mixed with objects with similar characteristics, which does not meet the identification requirements;

3. Other evidence can't prove that the defendant Qiu has committed the criminal acts charged in the indictment;

4. Other perpetrators have not yet arrived in the case, and the tools for committing crimes have not been recovered.

Therefore, the existing evidence in this case has not formed a complete chain of evidence, so the fact that the public prosecution agency accused the defendant of intentional injury is unclear and the evidence is insufficient. If the charge cannot be established, the defendant Qiu shall be acquitted. The defender's defense opinion is established and adopted by this court.