Many people ask this question: Do you want a lawyer at the judicial expertise hearing? Lawyers may be invited to participate in the judicial expertise hearing, but it is not necessary. Asking a lawyer can give you some help, fill your legal blank, make yourself more convincing in judicial expertise, and make yourself more likely to win in judicial expertise. All relevant requirements of the hearing must be observed. You can't violate it. Otherwise, it will be bound by relevant laws.
In the process of criminal proceedings, if the actor has doubts about some professional issues, he may apply for judicial expertise. Because the result of judicial expertise will affect the result of criminal proceedings to a certain extent, the actor should go to a qualified institution for judicial expertise according to law. You don't have to have a lawyer.
Chapter II Entrustment and Acceptance of Judicial Expertise
Article 11 A judicial authentication institution shall uniformly accept the entrustment of judicial authentication by the case-handling organ.
Article 12 Where a client entrusts an appraisal, it shall provide authentic, complete and sufficient appraisal materials to the judicial appraisal institution, and shall be responsible for the authenticity and legality of the appraisal materials. The judicial authentication institution shall check and record the name, type, quantity, characteristics, preservation status and receiving time of the authentication materials.
If a party has any objection to the appraisal materials, it shall submit it to the client.
The identification materials mentioned in these General Rules include biological samples and non-biological samples, control sample materials and other identification materials related to identification matters.
Thirteenth judicial authentication institutions shall make a decision on whether to accept or not within seven working days from the date of receiving the entrustment. For complex, difficult or special entrusted matters, the judicial authentication institution may negotiate with the client to decide the acceptance time.
Article 14 A judicial authentication institution shall examine the entrusted authentication matters and authentication materials. Belonging to the business scope of judicial authentication of this institution, the purpose of authentication is legal, and the provided authentication materials can meet the needs of authentication, and it shall be accepted.
If the appraisal materials are incomplete and insufficient and cannot meet the needs of appraisal, the judicial appraisal institution may ask the client to supplement them; If it can meet the needs of identification after correction, it shall be accepted.
Fifteenth in any of the following circumstances, the judicial authentication institution shall not accept the entrustment:
(1) Entrusting matters beyond the scope of judicial authentication business of this institution;
(two) the identification materials are found to be untrue, incomplete, insufficient or illegal;
(three) the use of the logo is illegal or contrary to social morality;
(4) The appraisal requirements do not conform to the practice rules of judicial appraisal or relevant technical specifications for appraisal;
(five) the appraisal requirements exceed the technical conditions or appraisal ability of this institution;
(6) The client entrusts other judicial authentication institutions to authenticate the same authentication matter at the same time;
(seven) other circumstances that do not conform to the provisions of laws, regulations and rules.
Article 16 If a judicial authentication institution decides to accept the entrustment of authentication, it shall sign a power of attorney for judicial authentication with the client. The power of attorney for judicial authentication shall specify the name of the client, the name of the judicial authentication institution, the matters entrusted for authentication, whether it belongs to re-authentication, the purpose of authentication, the basic facts related to authentication, the provision and return of authentication materials, the authentication risks and other matters agreed by both parties that need to be specified, such as the time limit for authentication, authentication fees and collection methods, rights and obligations of both parties, etc.
Article 17 If a judicial authentication institution decides not to accept the entrustment of authentication, it shall explain the reasons to the client and return the authentication materials. [ 1]
Chapter III Implementation of Judicial Appraisal
Article 18 After accepting the entrustment of appraisal, a judicial authentication institution shall designate a judicial appraiser with professional qualifications to engage in appraisal affairs.
If the client has special requirements, both parties can also negotiate to select a qualified judicial appraiser of this institution for appraisal.
The client may not ask or imply that the judicial authentication institution or judicial appraiser provides expert opinions according to its intention or specific purpose.
Article 19 A judicial authentication institution shall designate or select two judicial authenticators to authenticate the same authentication matter; For complex, difficult or special authentication matters, several judicial appraisers may be appointed or selected for authentication.
Twentieth judicial appraiser himself or his close relatives have an interest in the parties to the case or the appraisal matters, which may affect the independence, objectivity and impartiality of the appraisal, and should be avoided.
A judicial appraiser who participates in the appraisal of the same appraisal matter, or who provides advice as an expert, or who is hired as a person with specialized knowledge to participate in the court cross-examination of the same appraisal matter, shall withdraw.
Article 21 The withdrawal of a judicial expert shall be decided by the judicial authentication institution where he belongs; If the client requests the judicial appraiser to withdraw, he shall submit it to the judicial authentication institution to which the judicial appraiser belongs, which shall decide.
If the client disagrees with the decision made by the judicial authentication institution whether the judicial appraiser should withdraw, the entrusted appraisal may be revoked.
Article 22 A judicial authentication institution shall establish an authentication material management system and strictly monitor the receipt, storage, use and return of authentication materials.
Judicial authentication institutions and judicial appraisers shall keep and use authentication materials in strict accordance with technical specifications in the process of authentication. If the appraisal materials are damaged or lost due to serious irresponsibility, it shall be liable according to law.
Article 23 A judicial appraiser shall abide by and adopt the technical standards, norms and methods in his professional field in the following order:
(1) national standard;
(2) Industry standards and technical specifications;
(3) Technical methods recognized by most experts in this field.
Article 24 A judicial appraiser has the right to know the case materials needed for the appraisal, and may consult and copy the relevant materials, and may ask the parties and witnesses when necessary.
With the consent of the client, the judicial authentication institution may send personnel to the site to extract the authentication materials. On-site extraction of authentication materials shall be carried out by no less than two staff members of the judicial authentication institution, at least one of whom is a judicial appraiser of authentication matters. When extracting the authentication materials on site, the personnel designated or entrusted by the client shall be present to witness and sign the extraction record.
Twenty-fifth in the process of identification, it is necessary to have a physical examination of a person with no capacity for civil conduct or a person with limited capacity for civil conduct, and shall notify his guardian or close relatives to be present to witness; When necessary, the client may be notified to be present to witness.
If a forensic psychiatric appraisal is conducted on the appraiser, the client or the close relatives or guardians of the appraiser shall be notified to be present to witness.
If an autopsy is required, the parties concerned or the close relatives or guardians of the deceased shall be notified to be present to witness.
The on-site witness shall sign the appraisal record. If the witness is not present, the judicial appraiser shall not carry out relevant appraisal activities, and the delay time shall not be included in the appraisal time limit.
Twenty-sixth in the process of identification, it is necessary to carry out forensic clinical examination on the body of the identified person, and necessary measures should be taken to protect its privacy.
Article 27 A judicial appraiser shall make a real-time record of the appraisal process and sign it. It can be recorded by taking notes, recording, video recording, taking photos, etc. Records shall specify the main identification methods and processes, inspection, inspection and test results, and instruments and equipment used. The recorded contents shall be true, objective, accurate, complete and clear, and recorded written materials, audio-visual materials, etc. Should be stored in the appraisal file.
Article 28 A judicial authentication institution shall complete the authentication within 30 working days from the effective date of the Power of Attorney for Judicial Authentication.
Identification matters involving complex, difficult, special technical problems or the identification process takes a long time, with the approval of the person in charge of the institution, the time limit for completing the identification can be extended, and the extension time limit shall generally not exceed 30 working days. If the appraisal period is extended, the client shall be informed in time.
Where there is another agreement between the judicial authentication institution and the client on the time limit for authentication, such agreement shall prevail.
The time required to supplement or re-extract the identification materials in the identification process is not included in the identification time limit.
Twenty-ninth judicial authentication institutions in the process of authentication, one of the following circumstances, can terminate the authentication:
(1) It is found that there are circumstances specified in Item 2 to Item 7 of Article 15 of these General Rules;
(2) The appraisal materials are worn out and the client cannot supplement them;
(three) the client refuses to perform the obligations stipulated in the power of attorney for judicial authentication, and the appraisee refuses to cooperate or the authentication activities are seriously disturbed, so that the authentication cannot continue;
(four) the client voluntarily terminates the entrusted appraisal, or the client or the party refuses to pay the appraisal fee;
(five) due to force majeure, the identification can not continue;
(six) other circumstances that need to terminate the appraisal.
Where the authentication is terminated, the judicial authentication institution shall notify the client in writing, explain the reasons and return the authentication materials.
Thirtieth in any of the following circumstances, the judicial authentication institution may make supplementary authentication according to the requirements of the client:
(a) the original entrusted assessment items are omitted;
(2) The client has provided new appraisal materials for the original entrusted appraisal matters;
(3) Other circumstances requiring supplementary appraisal.
Supplementary appraisal is an integral part of the original entrusted appraisal, which is conducted by the original judicial appraiser.
Thirty-first in any of the following circumstances, the judicial authentication institution may accept the entrustment of the case-handling organ for re-authentication:
(a) the original judicial appraiser does not have the qualification to engage in entrusted appraisal matters;
(2) The original judicial authentication institution organizes authentication beyond the registered business scope;
(3) The original judicial appraiser should have avoided but did not;
(4) The case-handling organ deems it necessary to re-authenticate;
(5) Other circumstances stipulated by law.
Article 32 Re-authentication shall be entrusted to other judicial authentication institutions other than the original judicial authentication institutions; For special reasons, the client may also entrust the original judicial authentication institution, but the original judicial authentication institution shall designate other qualified judicial authenticators other than the original judicial authenticators.
The qualification conditions of the judicial authentication institution entrusted by the re-appraisal shall not be lower than those of the original judicial authentication institution, and at least one judicial appraiser who re-appraises shall have the relevant professional senior professional technical title.
Do you want to hire a lawyer for the judicial expertise hearing? This problem still depends on the actual situation, and it is not static, because everything is constantly changing and static things do not exist. This should be handled in accordance with the relevant regulations, not in violation of the regulations, otherwise there will be certain consequences, and the severity of the consequences will depend on the actual situation, so we must pay attention to it and never violate the regulations.