Injury identification is used to define the nature of the case. If intentional injury causes serious injury, the procuratorate will initiate public prosecution. If it is a minor injury, only public security punishment is needed. Among them, compensation is a civil lawsuit, which can be settled by both parties through consultation; If negotiation fails, litigation can be conducted, and the basis of civil compensation is the identification of disability grade, not the identification of injury.
Injury identification is based on the original injury. Forensic medicine should go to the hospital ward to investigate and collect evidence at an important time node after injury, that is, during admission, or during serious illness or coma, to confirm the injury and objective situation of the injured at that time, and to formulate and confirm the injury level.
Article 146 of the Criminal Procedure Law of People's Republic of China (PRC), when it is necessary to solve the specialized problems in the case in order to find out the case, a person with specialized knowledge shall be appointed and hired for appraisal.
Article 147 After conducting an appraisal, an appraiser shall write an appraisal opinion and sign it.
If an appraiser intentionally makes a false appraisal, he shall bear legal responsibility.
Article 148 The investigation organ shall inform the criminal suspect and the victim of the expert opinions used as evidence. If a criminal suspect or victim applies, he may make supplementary appraisal or re-appraisal.
Article 149 The time for psychiatric appraisal of a criminal suspect shall not be counted in the time limit for handling a case.
Article 195 A public prosecutor and a defender shall present material evidence to the court for the parties to identify. Evidence materials such as witness testimony transcripts, expert opinions of appraisers, and inspection transcripts that have not appeared in court shall be read out in court. A judge shall listen to the opinions of the public prosecutor, parties, defenders and agents ad litem.
Article 196 During the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment to investigate and verify the evidence.
When investigating and verifying evidence, the people's court may conduct an inquest, inspection, seizure, seizure, appraisal, inquiry and freezing.
Article 197 During the trial, the parties, their defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, to apply for obtaining new material evidence, and to apply for re-appraisal or inspection.
Public prosecutors, parties, defenders and agents ad litem may apply to the court to notify people with specialized knowledge to appear in court and express their opinions on expert opinions.
The court shall make a decision on whether to approve the above application.
The relevant provisions on appraisers shall apply to persons with specialized knowledge appearing in court as stipulated in the second paragraph.