The defendant, Tong, had a quarrel with Si over house repair matters, and a fight ensued. Tong severely injured Si. The County People's Hospital diagnosed him with: skull fracture; traumatic right facial nerve peripheral paralysis. Based on the diagnosis results from the County People's Hospital, the court of first instance determined that Tong's behavior caused serious injuries, sentenced him to five years in prison, and ordered him to pay 10,000 yuan in compensation for treatment expenses and other losses. Tong was dissatisfied and appealed, believing that the county hospital's medical diagnosis could not be used as an appraisal conclusion and requested a re-evaluation of Sim's injuries. The court of second instance conducted a forensic medical evaluation and concluded that the skull was a simple fracture. It determined that Tong's behavior only caused minor injuries. It sentenced Tong to 3 years in prison, suspended for 5 years, and compensated 5,000 yuan in damages. So can the diagnosis of the disease be used as an identification conclusion?
Legal analysis
The diagnosis issued by the doctor is different from the appraisal conclusion used as evidence.
Article 119 of the "Criminal Procedure Law" stipulates: "In order to ascertain the facts of a case and it is necessary to solve certain specialized issues in the case, people with specialized knowledge should be assigned or hired to conduct appraisals. "Article 120, paragraph 1, stipulates: "After conducting an appraisal, the appraiser shall write down the appraisal conclusion and sign it." According to this provision, the appraisal conclusion is the written report of the appraiser on a specific issue in the case in accordance with the requirements of the judicial authority. The appraiser is a participant in the litigation and enjoys litigation rights and assumes litigation obligations in accordance with the law. The diagnosis of illness performed by a doctor is purely a medical act, not a litigation act. Therefore, general medical diagnosis certificates cannot be used as appraisal conclusions. They can only be used to corroborate the appraisal conclusions and serve as documentary evidence. They cannot replace forensic medical appraisals.
Tips
The civil litigation involved in this case is a criminal incidental civil litigation. If the victim suffers material losses due to the defendant's criminal behavior (including personal injury material losses), during the criminal case proceedings, he has the right to file an incidental civil lawsuit and require the defendant to compensate the victim for the losses suffered. If the defendant illegally possesses and disposes of the victim's property and the recovery by the people's court is still insufficient to compensate for the victim's losses, after the criminal case proceedings are concluded, the victim may also file an incidental civil lawsuit with the civil court of the people's court to continue to recover compensation for the defendant's losses. material damage caused by the act.
If the behavior of the defendant in a criminal case causes losses to the state or collective property, the People's Procuratorate shall initiate an incidental civil lawsuit while filing a public prosecution to ensure that the state or collective property is not damaged.
Quoted from "Legal Master" by Yanbian People's Publishing House