Legal analysis
Do I need to issue a power of attorney for injury identification? If it is necessary to issue a power of attorney for injury identification; To do forensic identification, it is necessary to have a power of attorney for injury identification issued by the case-handling unit, and ask the forensic doctor or a designated institution to conduct identification. People from the entrusting unit don't have to follow. Injury identification procedure: 1. If the public security organ requires the parties to carry out injury identification in handling public security and criminal cases, the case-handling unit shall issue a power of attorney for forensic injury identification in time, and the parties shall go to the entrusted forensic identification institution for identification with the power of attorney. 2. The public security organ handling the case shall inform the appraisal institutions entrusted by both parties. 3. The handling unit must disclose the contents and conclusions of the appraisal to both parties. 4. After the first appraisal, if one or both parties have any objection to the appraisal conclusion, they have the right to apply, and the case-handling unit shall entrust a legal appraisal institution to review the appraisal or re-appraise. The handling unit shall issue a power of attorney to the application of the parties within ten days and shall not refuse. The traffic administrative department of the public security organ shall, within five days from the date of investigation, assign or entrust professional and technical personnel and qualified appraisal institutions to inspect and appraise the physical and mental condition, personal injury, corpses, vehicles and their speed, traces, articles and road conditions of the on-site personnel. The inspection and appraisal shall be completed within twenty days; If an extension is needed, it may be extended for ten days with the approval of the traffic administrative department of the municipal public security organ with districts. If the inspection and appraisal period exceeds the time limit, it must be reported to the traffic management department of the public security organ of the provincial people's government for approval. The medical appraisal of mental illness shall be carried out by the hospital designated by the provincial people's government. If a party is disabled due to a traffic accident, after the end of treatment, a qualified disability appraisal institution will assess the disability level. The assessment of disputed property losses shall be conducted by an assessment institution with assessment qualifications. Qualified inspection, appraisal and evaluation institutions shall file with the traffic management department of the public security organ of the provincial people's government, and the traffic management department of the public security organ may introduce qualified inspection, appraisal and evaluation institutions to the parties, and the parties shall choose by themselves. If a traffic accident causes death, a death certificate shall be issued by the first aid, medical institution or forensic doctor. Bodies should be stored in funeral service units or medical institutions with mortuary conditions. Autopsy shall not be conducted in public. Autopsy requires the consent of relatives. After the inspection is completed, the relatives of the deceased shall be notified to handle funeral matters within ten days. If the corpse is not disposed of within the time limit without justifiable reasons, it shall be disposed of by the public security organ with the approval of the person in charge of the public security organ at or above the county level, and the expenses for overdue storage shall be borne by the relatives of the deceased.
legal ground
Article 76 of the Civil Procedure Law of People's Republic of China (PRC) * * * A party may apply to the people's court for an appraisal on the specialized issue of finding out the facts. If the parties apply for appraisal, the qualified appraisers shall be determined by both parties through consultation; If negotiation fails, it shall be designated by the people's court. If the parties concerned do not apply for identification, and the people's court considers it necessary to identify specialized issues, it shall entrust a qualified appraiser for identification.
Provisions of public security organs on handling injury cases Article 18 After accepting an injury case, a public security organ shall issue a power of attorney for injury identification within 24 hours, informing the victim to go to a designated appraisal institution for injury identification.