The first trial of criminal cases is divided into three stages: investigation stage, examination and prosecution stage and trial stage, and the leading bodies of each stage are public security organs, procuratorates and courts respectively. In the three stages, the names of defendants are also different, namely, criminal suspect, criminal suspect and defendant. When you say suspect, you should mean the investigation stage or the prosecution stage. Then the public security organs or procuratorates play a leading role in these two stages. The conditions for the public security organ to start the re-appraisal procedure are as follows: if the criminal suspect or the victim disagrees with the appraisal conclusion, the re-appraisal procedure can be started with the approval of the person in charge of the public security organ at or above the county level; The conditions for the procuratorial organ to start the re-appraisal procedure are: the criminal suspect and the victim apply for the appraisal conclusion, and the re-appraisal procedure can be started with the approval of the chief procurator. Both of them do not emphasize the examination of whether the objection is valid or not.
Changing the name of the criminal suspect to the defendant at the trial stage has passed the stage of being called a suspect mentioned in your question. I'll popularize the law for you. There are two situations in which the court starts the re-appraisal procedure: the first is that the court agrees to start the re-appraisal procedure for the parties and defenders who apply for re-appraisal in the trial and think that it may affect the fact finding of the case. It should be noted that the court thinks that the original expert conclusion "may affect the determination of the facts of the case", which is a relatively abstract and flexible concept, which is not convenient for judges to master in judicial practice; Second, if the judge has doubts about the appraisal conclusion, he can immediately start the re-appraisal procedure.
This should be the answer you want. Lawyer Wang of Shandong Shunxiang Law Firm 13864040796