In criminal proceedings, expert opinions are regarded as one of the main evidences of some allegations of infringement of citizens' personal rights, especially in cases of intentional injury. The expert conclusion is the key evidence to determine whether the criminal suspect (defendant) is guilty or not, and it is also the focus of debate between the prosecution and the defense in trial practice. Without injury identification, it is difficult to determine that the suspect constitutes a crime.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 126 Investigators shall conduct an inquest or inspection of places, articles, persons and corpses related to crimes. When necessary, people with specialized knowledge may be appointed or hired to conduct inquests and inspections under the auspices of investigators.
Article 130 In order to determine certain characteristics, injuries or physiological conditions of victims and criminal suspects, people can be examined, fingerprint information can be extracted, and biological samples such as blood and urine can be collected.
If the criminal suspect refuses to check, the investigators may force the inspection when they think it necessary.
Women's physical examination should be conducted by female staff or doctors.
Procedures for handling criminal cases by public security organs
Article 212 In order to determine certain characteristics, injuries or physiological conditions of victims and criminal suspects, people may be examined, fingerprint information may be extracted, and biological samples such as blood and urine may be collected. If the victim dies, the identity of the victim shall be determined by means of identification of the victim's close relatives and biological examination.
If a criminal suspect refuses to inspect, extract or collect, if necessary, with the approval of the person in charge of the case-handling department, the investigators may force the inspection, extraction and collection.
Women's physical examination should be conducted by female staff or doctors.
The inspection records shall be signed by the investigators, inspectors, inspected personnel and witnesses who participated in the inspection. If the inspected refuses to sign, the investigator shall indicate it in the record.