The principle of legality of judicial expertise means that judicial expertise activities must strictly abide by the provisions of national laws and regulations. It is the premise to judge whether the appraisal process and results are legal and whether the appraisal conclusion has the effect of evidence.

This principle is mainly embodied in the process of legislation and appraisal: the appraisal subject is legal; The identification materials are legal; The evaluation procedure is legal; Identification steps, methods and standards; Five aspects of legality of appraisal results.

1. The judicial authentication institution must be a legal authentication institution that has obtained the right to execute judicial authentication according to the provisions of laws, regulations and departmental rules, or a specific authentication institution entrusted according to the prescribed procedures. The judicial appraiser must be a natural person who meets the prescribed conditions and has obtained the professional qualification license of the judicial appraiser.

2. Judicial authentication materials mainly refer to the objects of authentication and the samples (samples) to be compared. The object of appraisal must be the special problem in the case stipulated by law, and the special problem not stipulated by law cannot be used as the object of judicial appraisal.

For example, at present, China's judicial psychological measurement (commonly known as polygraph) and odor identification (police dog identification) are not legal identification objects, and their identification conclusions cannot be used as evidence. Moreover, identify the source of materials (including extraction, preservation, transportation, supervision, etc. ) must comply with the requirements of relevant laws and regulations.

3. The legality of the identification procedures in the submission, decision and entrustment, acceptance, implementation, supplementary identification, re-identification and expert identification of judicial expertise must comply with the provisions of the procedural law and other relevant laws, regulations and departmental rules.

4. The steps and methods of appraisal shall be confirmed to be effective according to law, and the appraisal standards shall conform to the national statutory standards or departmental (industry) standards.

5, the legitimacy of the appraisal results, mainly for the legitimacy of the judicial authentication documents. The appraisal document must have the document format and necessary contents stipulated by law, and the appraisal conclusion must meet the evidence requirements and legal norms.

Extended data forensic identification management system

In February 2005, the NPC Standing Committee adopted the Decision of the NPC Standing Committee on the Administration of Judicial Expertise, stipulating that the state shall implement a registration management system for the appraisers and appraisal institutions engaged in the following judicial expertise business:

Forensic identification;

(2) Identification of material evidence;

(3) Identification of audio-visual materials;

(four) according to the needs of litigation by the judicial administrative department of the State Council, the Supreme People's Court and the Supreme People's Procuratorate to determine other matters that should be subject to the registration management of appraisers and authentication institutions.

Where the law has other provisions on the management of appraisers and appraisal institutions in the matters specified in the preceding paragraph, such provisions shall prevail. "

"The judicial administrative department of the State Council is in charge of the registration and management of national appraisers and appraisal institutions. The judicial administrative department of the provincial people's government shall be responsible for the registration, roster compilation and announcement of appraisers and appraisal institutions in accordance with the provisions of this decision. "

Identification usually includes: forensic identification, that is, the activities of identifying and judging corpses, people, secretions, excreta, stomach contents, hair, etc. Related to the case; Forensic psychiatric expertise, that is, the activity of identifying and judging whether a person suffers from mental illness and has criminal responsibility; Criminal technical appraisal, that is, the activities of identifying and judging fingerprints, footprints, handwriting and bullet marks;

Accounting appraisal refers to the activities of identifying and judging written materials such as accounts, lists, documents, invoices and checks; Identification of technical problems refers to the activities of identifying and judging science and technology involving industry, transportation, construction and other fields.

In judicial expertise, forensic clinical identification of personal injury and forensic psychiatric identification of whether a criminal suspect suffers from mental illness are two common identification.

In September of 20 18, the Ministry of Justice and the State Administration of Market Supervision jointly issued the Notice on Standardizing and Promoting the Accreditation of Judicial Expertise, which stipulated that by the end of 20 19, judicial expertise institutions engaged in forensic material evidence, forensic poison, trace material evidence and environmental damage appraisal must have accredited testing laboratories.

References:

Baidu encyclopedia-judicial expertise