Out of the need to find out the case，Criminal Procedure Law specifically specifies the specifications of the case involved in the case to identify this investigation method。The appraisal opinion issued by the appraiser is one of the types of criminal litigation evidence。According to the "Decision of the Standing Committee of the National People's Congress on Judicial Appraisal Management Issues"，Not everyone with special knowledge can make appraisal opinions as appraisers，Only appraisal agencies established by the investigation organs or appraisal agencies and appraisers registered by the judicial administrative department，Only the main body of the special issue of the case。But，An accident survey report widely used as evidence in judicial practice also involves specialized problems in the case，The main body of the report is often the investigation team composed of administrative organs or several administrative agencies。The question lies in，Incident investigation report is not an appraisal opinion，Nor do it belong to other legal types of evidence，Can the evidence ability be recognized? Further，If bet365 live casino games An accident investigation report can be used as evidence，What kind of criteria should the judicial organs apply? This article intends to discuss the guidance case released by the Supreme People's Procuratorate on January 27, 2021 (Inspection Bet365 app download Case No. 95) "Song Moumou and others' major responsibility accidents"。

[Case Introduction] May 2016，Song Moumou, the chief of A coal industry ore, during the construction process of No. 3 coal seam compatibility project，Violation of requirements for relevant regulations，In the case of no construction unit and supervision unit，immediately organize workers for construction，Use a false contract to deal with the acceptance of the relevant units。Yang as the chief engineer of the mine，Violation of relevant regulations，Strengthen design and formulate security measures without the actual situation，Conventional design is still adopted when encountering the old lanes when encountering the construction of the matching.，and some design data do not match related requirements，As a result, the old lane expansion project is insufficient to protect the top coal support。March 9, 2017，The mining construction staff Zhao Moumou led 4 workers at the time of construction，A collapse accident，Lead the collapse of the upper coal cover，Cause 3 workers' death，Zhao Moumou and another worker were injured，Direct economic loss is 6.359 million yuan。bet365 live casino games An accident investigation report issued by the joint investigation team of the accident determined that Song Moumou、Zhao Moumou's main responsibility of the accident、Direct responsibility，The two -person behavior is suspected of major liability accidents，It is recommended that the public security organs deal with it in accordance with the law，And it is recommended that Yang and other relevant personnel give party, government Bet365 lotto review and discipline punishment or administrative punishment。During the review and prosecution stage，Procuratorate thinks，The responsibility of the relevant personnel in the case is unknown、Some facts are unclear，Some conclusion facts proposed by the accident survey report lack evidence support，Then return to the public security organ supplementary investigation。After replenishment of investigation，The procuratorial organs determine that Zhao Moumou's responsibility cannot be determined，Make non -prosecution treatment，And Yang's performance of his job is not in place，The same responsibility for the accident with Song Moumou，Prosecution on the crime of suspected major liability accidents。

[Simple review of the case] The key point of the handling of this case is to accurately identify the person in charge of the accident。Generally speaking，Investigation responsibilities of different accidents, especially major accident responsibilities, belong to different administrative agencies，It needs to conduct a review of certain factual issues in accordance with certain specifications、Determined。Due to the professionalism requirements of the accident investigation、High results，It can be covered by the business scope of the judicial appraisal agency，It is difficult for public security organs to launch effective investigations by themselves，Therefore，bet365 live casino games An accident investigation report issued by the administrative organs or investigation team often directly becomes the basis for the person in charge of the accident and the conviction to quantify。In this case，An accident investigation report issued by the joint investigation team of the accident believes，Zhao Moumou did not organize workers withdrawal when he discovered the top board，Should be responsible for，and Yang did not modify the operating procedures or supplementary security measures，But it is only recommended to give it administrative or political punishment。The procuratorial organs are reviewed in comprehensive case evidence and replenished after the investigation，On the one hand，According to the testimony of Zhao Moumou's suspected crime, there is only one testimony of a worker，Not enough to confirm that the fact is established; on the other hand，About the facts involved in Yang lack design drawings、Operation rules and other materials，It cannot exclude its main responsibility，Therefore, the public security organs are required to supplement relevant evidence。After checking the facts，In fact, the procuratorial organs have overturned the opinions of the responsibility for the report of the accident investigation，Program processing of the corresponding responsible person。

The first controversy in this case is whether the accident survey report has evidence，Can it be used as evidence in criminal proceedings。Article 50 of the Criminal Procedure Law stipulates eight types of evidence，The Supreme People's Court's Interpretation of the Application of the Criminal Procedure Law of the People's Republic of China (hereinafter referred to as the "Explanation of High Law") also made the rules for review and identification of eight types of evidence，Based bet365 Play online games on this，It is said that proved materials must belong to one of them，Dang Fang can use it as evidence in criminal proceedings。Investigation report on the one hand due to the lack of legal qualifications for the subject，Not considered an appraisal opinion，On the other hand, it cannot be attributed to other evidence types。The application report of the accident identification report has always been controversial，Some courts think it is not evidence，But still actually considered。Theoretically speaking，Since the accident survey report plays a role that is determined，then it must belong to evidence，Can be used in criminal proceedings。and，From the perspective of interpretation of the law，The view that "the types of non -legal evidence are not used in criminal proceedings" does not necessarily be established。Article 50, paragraph 2 of the Criminal Procedure Law stipulates: "Evidence includes: (1) physical evidence; (2) book evidence; (8) audiovisual information、Electronic data。"The evidence used here includes" evidence in the "Criminal Procedure Law" in 1996 "The following seven types"，The former reflects obvious open features in the text，Its norm intention is understood as "evidence includes but not limited to the following eight"。Based on this，2021 "Explanation of High Law" added Article 101，It stipulates: "Reports by relevant departments to investigate the accident，It can be used as evidence in criminal proceedings。”

The second controversy in this case involves the identification procedure of the accident investigation report。"Can be used as bet365 best casino games evidence" and "can be used as a basis for the final case" divided into two levels，The former must be reviewed by the judicial organs to become the latter。Opinions involving specialty issues involving cases in the accident investigation report，The proof of the facts plays a similar role as the appraisal opinion，But can you quote according to conviction，Still waiting to be verified and verified by the judiciary。In this case，The cause of the joint investigation team of the accident for the occurrence of the collapse accident、Damage range、Responsibility identification and other specialized issues raised opinions，A proof of the facts of the case。but but，Whether to investigate criminal responsibility、Whose criminal liability is investigated，After all, the procuratorial organs need to make a judgment independently，All opinions of the accident survey report of the accident，Devitice of the corresponding criminal litigation standards will definitely be constituted。The procuratorial organs of this case strictly grasp the evidence，Through comprehensive judgment、Supplementary Investigation and other methods conducted a general review of the facts of the crime，Finally, a more accurate conclusion。In the face of bet365 live casino games An accident investigation report issued by authoritative organs，The judicial organs should still adhere to the neutral、Objective positions investigate and study its content。Learn this，Article 101 of the "Explanation of High Law" in 2021 specifically stipulates: "Opinions involving specialized issues in the report，The verification of the court bet365 Play online games is true，The investigation procedure is in line with the law、Relevant regulations，can be used as a basis for the final case "。

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