Technical evidence in criminal proceedings in accordance with the law
November 23, 2023 14:26 Source: "China Social Sciences" November 23, 2023 Issue 2779 Author: Zhang Juntao

In criminal proceedings,Appraisal Opinions、Inspection report、Inspection and inspection transcripts、Audit report、Audiovisual information、Electronic data and other technical evidence is the most evidence faced by the procuratorial organs,It is also the most difficult to review、Evidence of the most prone to wrong case。If the procuratorial organs are reviewed in accordance with the law、Technical evidence of admission,You can accurately determine the facts,Proper applicable law。Otherwise,Easy case,Damage to judicial justice。This article will explain it in detail in combination with the real cases of practice。

  Bet365 lotto review

Cases for transferring censorship for public security organs,If it involves technical evidence review,After reviewing the prosecutor,If technical evidence meets the objectivity of evidence、association、Legality、Scientific,Prosecutors can directly accept letters。If the prosecutor believes that the review of the evidence exceeds his own knowledge scope,Then the prosecutor will entrust procuratorial technicians to review。After review of procuratorial technicians,Will issue technical evidence review opinions。Opinions of technical evidence review can be divided into the original appraisal opinion、Do not agree with the original identification opinion, etc.。

If in Huang's intentional homicide case,Two appraisal of the appraisal,The first appraisal opinion "The appraisal Huang had criminal bet365 best casino games responsibility when the incident was incident",The second appraisal opinion "The appraisal person Huang should be positioned as a limited criminal responsibility in this case"。For two identification opinions,How to accept it? The procuratorial organs issued review opinions on technical evidence for review,I believe that the identification of the second judicial appraisal opinion is sufficient,Analysis and argument Details and accurate,Appraisal Opinions Science Objective,It is recommended to adopt。,The prosecutor explained in detail the basis for adopting the second appraisal opinion,and showed the opinions of the technical evidence review opinions of the procuratorial organs。Last,The criminal was sentenced to 15 years in prison,5 years of deprivation of political rights。

  Re -appraisal and supplementary identification

In judicial practice,There are two main cases for re -identification。First, the procuratorial organs will return to the public security organs to re -identify。Opinions of technical evidence review made after the original appraisal opinion decision,Prosecutors will return the case back to the public security organs to re -identify。Procuratorial organs For cases that need to be re -identified,Most cases return to the public security organs to re -identify。Some procuratorial organs have returned the case back to the public security organs,Public security organs supplement the case in accordance with the law。Supplementary identification,If the prosecution standard is reached,Transfer to the court for trial。If the prosecution criterion cannot be met,No prosecution in accordance with the law, etc.。

Second, the re -appraisal entrusted by the procuratorial Bet365 lotto review organs。That is, the procuratorial organs entrust another appraisal agency to the original appraisal material、Original appraiser, etc.、The appraisal opinion obtained from the test。When reviewing and prosecution,If the suspect or the victim is not acceptable to the appraisal,You can apply for a procuratorial organs for re -identification。If the prosecutor believes that it is necessary to re -identify,Approved by the Attorney General,You can re -identify。Generally, the procuratorial organs commission the social appraisal agency for re -appraisal,Then the appraisal agency entrusted by the procuratorial organs to re -appraisal。

Ru Wang's intentional injury case,The identification agency of the public security organs identified Zhou Mou's injury to the second level of serious injury,And the local social appraisal agency identification Zhou is a minor injury second level。The first instance stage,The criminal was sentenced to one year in prison。Procuratorate believes that the first instance judgment is incorrect,Prosecutors and procuratorial technicians went to the hospital of Zhou to seek medical medical records for medical treatment,Comprehensive review case paper,Combined with on -site treatment,It is believed that Zhou's damage should be rated as a serious injury。Procuratorate commissioned a provincial procuratorate judicial appraisal center for re -appraisal,Identification Zhou's injury is a serious injury。Procuratorate believes that the facts of the first instance judgment determine the facts、Applicable laws are wrong,Then it proposes to protest。Time of the second instance,The appraiser appeared in court to explain the basis of Zhou's serious bet365 Play online games injury to the second level,Post the court made a guilty judgment based on the second level of serious injury。

Supplementary identification is a new situation found、New questions or omissions to check、Test、Examination, etc.,Scientific、Clear appraisal opinion。For technical evidence,If the original appraisal opinion omit the relevant identification content,Procuratorate can require the appraisal agency to supplement the missing situation。Then the original appraisal opinion、Supplementary identification opinions for review,Decide whether to accept the original appraisal opinion、Supplementary Appraisal Opinions。For example,In Zhang's suspected intentional injury case,The appraisal opinion provided by the procuratorate found that the incidental damage was not identified,Then return to the public security organ supplementary appraisal。

  Appraiser and people with specialized knowledge appear in court

If one case has two appraisal opinions,Even multiple identification opinions,and multiple identification opinions contradict each other,How do you accept the appraisal opinions of each other? When hearing in the court,Procuratorate allows appraisers to appear in court to explain the identification situation,Cross inquiries from both parties to the prosecution,To determine which appraisal opinion is the admission letter。For example, a case of invasion of wealth,Value of Fortune Determination and Non -crime。If the defendant has objections to price appraisal,The court believes that the appraiser needs to appear in court,The appraiser should appear in court to testify。Notified by the court,The appraiser refused to appear in court,Appraisal opinions shall not be used as a basis for the final case。

When I have questions bet365 live casino games about the appraisal opinion,Both parties to the prosecution can hire people with specialized knowledge to appear in court,Debate with the appraiser。For example,Before Nianxiang's case of inconvenience in the case of hazardous substances,There are 9 people with professional knowledge in court to make opinions on the physical and chemical inspection report and appraisal opinion。Putting in court through people with special knowledge,Strengthen the special issues of specialty,Help to find out the facts of the case。Another example,Li in the killing case,Forensic doctors of the procuratorial organs appear in court as people with special knowledge,With the help of virtual reality technology,Vivid and intuitive explanation of the specialized issues in the case。

Expert demonstration report

Due to the special circumstances of the case,No longer available for appraisal,Or currently no appraisal agency can perform appraisal time,Must be determined by expert demonstration report to determine some specialty problems of the case。For example,Determination of the cause of death,Some corpses have been lost,Do not have the conditions to do physicians and pathology。but,The cause of death is an important evidence of the murder case,Murder Case must determine the cause of death,So you need to check according to the corpse table、Hospital's medical records、Discussion of the cause of death and audiovisual information、Electronic data, etc.,Determine the cause of death through expert demonstration report。The cause of death is generally determined by the anatomy of the body,Expert demonstration report is the exception of the cause of death。

bet365 best casino games For example,Liu Mou's abuse of the supervisor's death case,The deceased no longer has the conditions for doing pathological,Final,Check through the corpse watch、medical record information、Rescue records、Audiovisual information、Electronic data、Expert demonstration report, etc.,It is determined that Liu's abuse was killed by the supervisor,The court sentenced Liu to 12 years in prison。Another example,The People's Procuratorate of Shangrao City, Jiangxi Province sued Zhang Moumou and other three people intentionally destroyed Sanqing Mountain's python peak civil public interest lawsuit,For Zhang Moumou and other three people, the python peaks have entered 26 rock nails from top to bottom of the rocky damage to Sanqing Mountain,Entrust three experts from Jiangxi University of Finance and Economics to set up an expert group to evaluate the damaged value of Sanqing Mountain python peak,and issue an evaluation report,Analysis of the minimum threshold of the incident on the value of the ecological service of the python peak is 1.119 million to 2.37 billion yuan。

In short,Technical evidence in the face of criminal proceedings,Procuratorate should pass technical evidence review、Re -appraisal、Supplementary identification、The appraiser appears in court、People with specialized knowledge appear in court、Expert demonstration reports and other measures to comprehensively review it in accordance with the law,Technical evidence of scientific access to information,Therefore, the facts of the case correctly。

  (Author is an associate researcher at Henan Provincial Academy of Social Sciences)

Editor in charge: Zhang Jing
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