In criminal cases, the victim cannot refuse forensic identification, and the public security organs can forcefully conduct physical examinations of the victim.
In criminal proceedings, the appraisal opinion is used as one of the main evidence for some accusations of infringement of citizens' personal rights, especially in cases of intentional injury. The appraisal conclusion is to determine whether the criminal suspect (defendant) is guilty or not. The key evidence of non-criminal, misdemeanor and serious crime is also the focus of the debate between the prosecution and the defense in trial practice. Without injury assessment, it is difficult to determine that the suspect has committed a crime.
Legal basis:
"Criminal Procedure Law of the People's Republic of China"
Article 126: Investigators shall not Premises, objects, persons, and corpses shall be inspected or inspected. When necessary, people with specialized knowledge may be assigned or hired to conduct inspections and inspections under the auspices of investigators.
Article 130: In order to determine certain characteristics, injuries or physiological conditions of victims or criminal suspects, personal examinations may be conducted, fingerprint information may be extracted, and biological samples such as blood and urine may be collected. .
If a criminal suspect refuses to be inspected, investigators may conduct a compulsory inspection if they deem it necessary.
Examination of women's bodies should be carried out by female staff or doctors.
"Procedural Regulations for the Handling of Criminal Cases by Public Security Organs"
Article 212 In order to determine certain characteristics, injuries or physiological conditions of victims and criminal suspects, the person may be Conduct personal examinations, extract fingerprint information, and collect biological samples such as blood and urine. If the victim dies, the identity of the victim shall be determined through identification of the victim's close relatives, extraction of biological samples for identification, etc.
If the criminal suspect refuses to inspect, extract or collect the suspect, when the investigators deem it necessary and with the approval of the person in charge of the case-handling department, they may forcefully inspect, extract or collect the suspect.
Examination of women's bodies should be carried out by female staff or doctors.
A record of the inspection shall be made and signed by the investigators, inspectors, persons under inspection and witnesses who participated in the inspection. If the person being inspected refuses to sign, the investigators shall indicate this in the transcript.