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The focus of criminal procedure law research: judicial expertise
Judicial expertise is an important test site of the national judicial examination criminal procedure law.

I. Evaluation institutions

Investigation organ (1):

An authentication institution established according to the needs of investigation, but may not accept the entrustment to engage in judicial authentication business for the society. The people's courts and judicial administrative departments shall not set up authentication institutions.

(2) Social appraisal institutions: there is no subordinate relationship between appraisal institutions; Entrusting an authentication institution to engage in judicial authentication business is not limited by geographical scope.

II. Appraiser (1) Conditions of Appraiser

Persons who meet one of the following conditions may apply for registration to engage in judicial expertise: A has a senior professional title related to the judicial expertise applied for; B has applied for professional qualification related to judicial authentication business or bachelor degree or above in related major of colleges and universities, and has been engaged in related work for more than five years; C has more than 10 years working experience related to the applied judicial expertise business, and has strong professional skills.

Persons who have been criminally punished for intentional crimes or dereliction of duty, who have been expelled from public office or whose registration as expert witnesses has been revoked shall not engage in judicial expertise.

(2) the rights of appraisers

Have the right to know the case materials related to appraisal; Practice is not limited by geographical scope.

(3) obligations of appraisers

First, the appraiser should engage in judicial expertise in an appraisal institution;

Second, the obligation and avoidance of testifying in court. After being notified by the people's court according to law, the judicial appraiser shall testify in court and answer questions related to the appraisal matters. Those who refuse to testify in court after being notified by the people's court according to law shall bear corresponding legal responsibilities (such as revocation of registration qualification);

Third, appraiser responsibility system. The expert responsibility system is implemented in judicial expertise. The appraiser shall conduct the appraisal independently, be responsible for the appraisal opinions, and sign or seal the appraisal book. Many people participate in the appraisal, and if there are different opinions on the appraisal opinions, it shall be indicated.

Third, the appraisal procedure.

1. Select appraiser. There are two ways to select appraisers:

First, assignment, that is, the public security organ or the people's procuratorate assigns professionals with appraisal qualifications from its internal criminal technical appraisal department for appraisal;

The second is employment, that is, the public security organs, procuratorates or people's procuratorates employ professionals from other departments for appraisal.

2. Obligation of the investigation organ: It shall provide necessary conditions for the appraiser to conduct the appraisal, send relevant samples, comparative samples and other original materials to the appraiser in time, introduce the situation related to the appraisal, and clearly put forward the problems that need to be solved in the appraisal, but it shall not imply or force the appraiser to make certain appraisal conclusions.

3. Procedural requirements

After the appraisal, the appraiser shall write the appraisal conclusion, which shall be signed by the appraiser and stamped with the official seal of the hospital.

4. Inform, supplement and re-evaluate the evaluation conclusion.

The investigation organ shall inform the criminal suspect and the victim of the appraisal conclusion used as evidence. If a criminal suspect or victim applies, he may make supplementary appraisal or re-appraisal.

5. The time limit for psychiatric appraisal of criminal suspects is not included in the time limit for handling cases.

Four. Recognition of special types

If the medical appraisal of personal injury is controversial and needs to be re-appraised, or the medical appraisal of mental illness should be carried out by the hospital designated by the provincial people's government. After the appraisal, the appraiser shall write the appraisal conclusion, which shall be signed by the appraiser and stamped with the official seal of the hospital.

If a prisoner suffers from a serious illness and must be released on parole for medical treatment, the hospital designated by the provincial people's government shall issue a certificate and examine and approve it in accordance with the procedures prescribed by law.