Whether there is a time limit for a defendant in a criminal case attached to a civil case to apply f

Updated on society 2024-02-29
2 answers
  1. Anonymous users2024-02-06

    The public security organs shall promptly inform the criminal suspect or victim of the evaluation opinion that has been reviewed and used as evidence, and the victim or suspect may apply for a new evaluation, but the application shall have a legally-prescribed reason, that is, there are circumstances provided for in article 246 of the Criminal Procedure Law, and the judicial organs shall decide whether to re-evaluate.

    1. Article 243: Investigators shall conduct a review of evaluation opinions.

    The public security organs shall promptly inform the criminal suspects, victims, or their legally-designated persons of appraisal opinions that have been reviewed for use as evidence.

    2. Article 244: Where criminal suspects or victims have objections to the evaluation opinion and submit an application, and the case-handling department or investigators have doubts about the evaluation opinion, they may send the evaluation opinion to other persons with specialized knowledge to submit an opinion. When necessary, question the evaluator and make a record to attach to the case file.

    3. Article 245: Where, upon review, any of the following circumstances are discovered, a supplemental evaluation shall be made with the approval of the responsible person at a public security organ at the county level or above:

    1) There are obvious omissions in the content of the evaluation;

    2) The discovery of new evidence with appraisal significance;

    3) There are new requirements for the evaluation of evidence;

    4) The evaluation opinion is incomplete and the entrusted matter cannot be determined;

    5) Other situations where supplemental evaluations are required.

    Where, upon review, the above circumstances are not met, a decision is to be made not to approve the supplemental appraisal upon approval by the responsible person at a public security organ at the county level or above, and the applicant is to be notified in writing within 3 days of the decision.

    4. Article 246:Where, upon review, any of the following circumstances are discovered, a new appraisal shall be made upon approval of the responsible person at a public security organ at the county level or above:

    1) The appraisal procedures are illegal or violate the relevant professional and technical requirements;

    2) The evaluation body or evaluator does not have the qualifications and conditions for evaluation;

    3) The evaluator intentionally makes a false evaluation or violates the provisions on recusal;

    4) The basis for the evaluation opinion is clearly insufficient;

    5) The materials are false or damaged;

    6) Other situations that shall be re-evaluated.

    For new evaluations, an evaluator shall be separately appointed or hired.

    Where, upon review, the above circumstances are not met, a decision is to be made not to approve a new appraisal with the approval of the responsible person at a public security organ at the county level or above, and the applicant is to be notified in writing within 3 days of the decision.

  2. Anonymous users2024-02-05

    Legal Analysis:1The law does not stipulate the time for re-appraisal, but there is a provision for the time limb for which the appraisal is applied.

    2.Where a party has objections to the appraisal conclusion made by the appraisal department entrusted by the people's court and applies for a new appraisal, and submits evidence to prove the existence of any of the following circumstances, the people's court shall permit it: (1) the appraisal body or the quietly rented appraisal personnel do not have the relevant appraisal qualifications; (2) The appraisal procedures are seriously illegal; (3) The basis for the appraisal conclusion is clearly insufficient; (4) Other circumstances where it is determined through debate that it cannot be used as evidence.

    Legal basis: Criminal Procedure Law of the People's Republic of China

    Article 146: Fan Qiwei of Appraisal Types of Evaluators.

    In order to ascertain the facts of a case, when it is necessary to resolve certain specialized issues in the case, a person with specialized knowledge shall be appointed or hired to conduct an evaluation.

    Article 147: Procedures and legal responsibilities for appraisals.

    After the evaluator conducts an evaluation, they shall write an evaluation opinion and sign it. Where evaluators intentionally make false evaluations, they shall bear legal responsibility.

    Article 148: Obligation to Inform Appraisal Opinions Objections to appraisal opinions and their handling.

    The investigating organs shall inform the criminal suspect or victim of the evaluation opinions to be used as evidence. If the criminal suspect or victim submits an application, the evaluation may be supplemented or re-evaluated.

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