Article 1 is to implement the "Criminal Procedure Law of the People's Republic of China" (hereinafter referred to as the "Criminal Procedure Law") and do a good job in medical identification of personal injury, mental illness, and medical parole in criminal proceedings. , these measures are formulated in accordance with relevant regulations of the State Council and in combination with the actual conditions of our province. Article 2 The term “medical identification in criminal proceedings” as mentioned in these Measures refers to the following identifications stipulated in Paragraph 2 of Article 120 and Paragraph 3 of Article 214 of the Criminal Procedure Law:

(1) The medical identification of personal injuries is controversial and needs to be re-identified;

(2) The criminal suspects and criminals need to undergo psychiatric identification;

(3) The If the criminal is indeed seriously ill and must be released on medical parole for medical treatment, a certificate issued by the hospital is required. Article 3 Medical identification in criminal proceedings shall be conducted by a hospital designated by the Provincial People's Government (hereinafter referred to as the hospital) in accordance with the principle of convenient case handling at the nearest location.

The prison system hospitals designated by the provincial government are only responsible for the medical evaluation of common diseases of prisoners who have been admitted to the prison. Article 4: Medical identification in criminal proceedings shall be requested by the criminal investigation agency, trial agency or penalty execution agency at or above the county level (hereinafter collectively referred to as the party requesting the identification).

The party requesting the appraisal can only submit an appraisal request to one hospital. Article 5: Medical identification in criminal proceedings must adhere to the principles of seeking truth from facts, objectivity, fairness and science. Article 6: No unit or individual may interfere with the work of medical appraisal in criminal proceedings; no one may threaten, induce, insult, or beat appraisal personnel. Article 7: The hospital shall establish a criminal litigation medical appraisal committee to be specifically responsible for the criminal litigation medical appraisal work. Article 8 The appraiser who conducts a medical appraisal of personal injury that is controversial and needs to be re-appraised or released on medical parole must meet the following conditions:

(1) An employee of the hospital with a professional title of attending physician or above;

(3) High medical ethics and decent medical style. Article 9 The appraiser who conducts psychiatric medical appraisal must meet the following conditions:

(1) An employee of the hospital with more than 10 years of psychiatric clinical work experience;

(2) Serve as the attending physician Trainer for more than 5 years;

(3) High medical ethics and upright medical style. Article 10: The hospital shall determine the appraiser in accordance with the conditions stipulated in Articles 8 and 9 of these Measures, and submit the list of appraisers to the provincial health administrative department for record. Article 11 During the process of medical appraisal, the appraiser may require relevant units or individuals to provide materials and relevant information required for the appraisal. Relevant units or individuals should cooperate. Article 12 The appraiser shall conscientiously perform his duties, make medical appraisal conclusions in an objective, fair, scientific and timely manner; answer medical questions related to the appraisal conclusions raised by the appraiser and keep them confidential. Article 13: When entrusting an appraisal, the appraiser is required to hold a letter of authorization for medical appraisal in criminal proceedings and provide the hospital with the relevant materials required for the appraisal.

The power of attorney for medical appraisal in criminal proceedings shall be stamped with the official seal of the party requesting the appraisal, and include the following main contents:

(1) General situation of the person being appraised and his family;

(3) Purpose and requirements of identification. Article 14: The appraiser shall conduct a medical examination on the person being appraised in accordance with relevant national regulations, make an appraisal conclusion, fill out and sign the criminal procedure medical appraisal form.

The criminal procedure medical appraisal certificate includes the following main contents:

(1) The name of the appraisal party required;

(2) The general situation of the person being appraised;

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(3) Requirements and purposes of appraisal;

(4) Date and place of appraisal;

(5) Previous appraisal conclusions;

(6) Analysis description;

(7) Identification conclusion. Article 15 The hospital's criminal litigation medical appraisal committee shall carefully review the appraisal conclusion of the appraiser. If it agrees with the appraisal conclusion, it shall stamp the hospital's special seal for criminal litigation medical appraisal on the criminal litigation medical appraisal report; if it disagrees with the appraisal conclusion, it shall instruct the appraiser to Re-identification. Article 16 The hospital shall make an appraisal conclusion within 7 days from the date of accepting the medical appraisal. The psychiatric medical appraisal shall make an appraisal conclusion within 14 days, and may be extended appropriately under special circumstances.

Article 17: For those who need to stay in the hospital for observation and identification due to certain injuries, hidden signs of disease, etc., the hospital shall explain to the party requesting the identification that they can stay in the hospital for observation and identification on the premise that the party requesting the identification ensures safety. Article 18: When a mental patient is hospitalized for evaluation, a single observation room must be set up, and the party requesting the evaluation shall send someone to monitor him day and night. Article 19: The person being appraised is generally not subject to disease treatment. If treatment is indeed required due to identification, the hospital should seek the opinions of the party requesting the identification. Article 20 During the period of medical appraisal, the person being appraised is not allowed to have contact with other persons except the appraisal party and appraisal personnel. Article 21 Medical identification in criminal proceedings must be conducted by more than three people. Article 22: If during a trial, the People's Court deems that the appraisal conclusion made by the hospital is doubtful and cannot be used as a basis for finalizing the case after cross-examination, it may hire another hospital designated by the Provincial People's Government to conduct a supplementary appraisal or re-appraisal. The hospital should conduct supplementary appraisal or re-appraisal. Article 23: Hospitals may charge criminal litigation medical appraisal fees, bed fees, instrument inspections, etc. in accordance with relevant national and provincial regulations. The required fees will be paid in advance by the party requesting the appraisal.