What are the provisions of the Criminal Procedure Law on appraisal?
1. What are the provisions on appraisal in the Criminal Procedure Law? The identification of criminal suspects by the procuratorate shall be approved by the procurator-general. When several appraisers identify the same person or the same article, each appraiser shall conduct it separately. When necessary, witnesses may be present. The appraisal process and results shall be recorded and signed by investigators, witnesses and witnesses. According to different appraisal standards, appraisal can be divided into different types. 1, according to different objects, it can be divided into personal identification, photo identification, object identification, place identification and corpse identification. 2. According to different recognition methods, it can be divided into "one-to-one" recognition and mixed recognition. Among them, mixed identification includes mixed identification of photos and articles and identification of suspects in line. 3. According to the different identification subjects, it can be divided into victim identification, criminal suspect (defendant) identification and witness identification. 4. According to different identification stages, it can be divided into investigation identification and court identification. The appraisal record has always been used as evidence, but it is not clear what form of legal evidence it belongs to. Some people think that the victim identification record belongs to the victim statement, the criminal suspect identification record belongs to the criminal suspect confession, and the witness identification record belongs to the testimony. The new Criminal Procedure Law defines the identification record as an independent form of evidence. Although identification, as an effective method of proof, is widely used in investigation and trial practice, and identification record, as a legal type of evidence, is also confirmed by the newly revised Criminal Procedure Law, the norms of identification procedure in China's legislation are lacking. There is no relevant provision in 1996 Criminal Procedure Law, and there is no basis for identifying people and things in practice, which leads to different methods of organizational identification of investigators, and the identification results are arbitrary and lack of objectivity. In order to make up the legislative blank, the Ministry of Public Security and the Supreme People's Procuratorate have made corresponding provisions on the appraisal procedure in the Provisions on the Procedures of Public Security Organs Handling Criminal Cases and the Rules of Criminal Procedure of People's Procuratorate respectively. 1998 The Provisions on Procedures of Public Security Organs Handling Criminal Cases promulgated by the Ministry of Public Security stipulates: Article 246 In order to find out the case, investigators may, when necessary, let the victim, criminal suspect and witness identify the articles, documents, corpses, places or criminal suspects related to the crime. The identification of a criminal suspect shall be approved by the person in charge of the case-handling department. Article 247 Identification shall be conducted under the auspices of investigators. The investigators responsible for the appraisal shall not be less than two. Before organizing the appraisal, the appraiser should be asked in detail about the specific characteristics of the appraisal object to avoid the appraiser seeing the appraisal object. Article 248 When several appraisers appraise the same subject matter, they shall appraise it separately. Article 249 During authentication, the object of authentication shall be mixed with other objects, and no hint shall be given to the appraiser. When identifying a criminal suspect, the number of people to be identified shall not be less than seven; There shall be no less than ten photos to identify the criminal suspect. Article 250 If the identity of a criminal suspect is unwilling to be made public, it may not be made public, and investigators shall keep it confidential. Article 251 A record of the appraisal process and results shall be made, which shall be signed by the investigators and signed or sealed by the appraisers and witnesses. The Rules of Criminal Procedure of the People's Procuratorate promulgated by the Supreme People's Procuratorate on 20 12 stipulates as follows: Article 210 In order to find out the case, when necessary, the procurator may let the victim, witness and criminal suspect identify the articles, documents and bodies related to the crime; Victims and witnesses may also be asked to identify criminal suspects, or criminal suspects may identify other criminal suspects. The identification of a criminal suspect shall be approved by the chief procurator. Article 211 Appraisal shall be conducted under the auspices of a public prosecutor. Before the appraisal, the appraiser shall be asked in detail about the specific characteristics of the appraiser or the appraised object, and the appraiser shall be prohibited from seeing the appraiser or the appraised object, and shall be informed of the legal responsibilities that the appraiser shall bear for deliberately making false appraisal. Article 212 When several appraisers authenticate the same person or the same article, each appraiser shall conduct it independently. When necessary, witnesses may be present. Article 213 During identification, the object of identification shall be mixed with other people or articles, and no hint shall be given to the identifier. When identifying a criminal suspect, there shall be no less than five people to be identified and no less than five photos. When identifying items, there shall be no less than 5 similar items and no less than 5 photos. Article 214 A written record shall be made for the appraisal, which shall be signed or sealed by the relevant personnel participating in the appraisal. Article 215 The people's procuratorate may invite public security organs to participate in or assist in the appraisal. How many appraisals were made by public security organs and how many were made by procuratorates? Judges and lawyers can only see the appraisal record, but can't see the appraisal process. To sum up, when investigators need to identify in the criminal procedure law depends on the specific situation. Generally, there shall be no less than two persons in charge of appraisal, but in the appraisal institutions of public security organs, the number of appraisers shall not be less than seven, and there are many kinds of appraisals, such as identity appraisal, photo appraisal and article appraisal.