Restrictions on the appraisal of special cases in criminal proceedings

Please limit what special buttons.

The provisions on the appraisal of criminal cases include:

1. The subject of the appraisal is a person with specialized knowledge, and the object of the appraisal is a specialized problem that needs to be solved in the case and needs to be analyzed by professionals;

2. After the appraisal, the appraiser will give the appraisal opinion and sign it. For intentional false appraisals, the evaluators shall bear legal responsibility;

3. The completed appraisal opinion shall be informed to the criminal suspect or victim, and shall be signed by both parties. In the case of an application by both parties, a supplementary appraisal or a new appraisal may be made.

1. The rules for sentencing in criminal cases include:

1. Sentencing shall be based on the facts, with the law as the measure, and the punishment to be given shall be determined on the basis of the facts, nature, and circumstances of the crime, as well as the degree of harm to society;

2. Sentencing should consider both the severity of the defendant's crime and the extent of the defendant's criminal responsibility, so that the punishment is commensurate with the crime, and the goal of punishment and crime prevention is achieved;

3. Sentencing shall implement the criminal policy of blending leniency with severity, so that where leniency should be given, severity should be severe, leniency should be blended with severity, and punishment should be appropriate to the crime, to ensure the uniformity of the legal and social effects of judgments;

4. Sentencing should objectively and comprehensively grasp the changes in the economic and social development and public security situation in different periods and regions, to ensure the realization of criminal law tasks, and in cases where the hardship traveled in the same region and at the same time and the circumstances of the case are similar, the punishment given shall be basically balanced.

II. The procedures for handling criminal cases include:

1. Investigation. The vast majority of criminal cases are investigated by the public security organs, and a very small number of cases are investigated by the procuratorate.

2. Review and prosecute. After the investigation phase is over, the case enters the review and prosecution stage, and after the investigation, the public security organs extract, fix, and file all the evidence materials of the case, and then transfer the case file to the procuratorate, which reviews the case and decides whether it is necessary to file a public prosecution with the people's court;

3. Trial stage. After examination, the procuratorate finds that the facts of the suspect's crime are clear and the evidence is credible and sufficient, and will file a public prosecution with the people's court, transfer the case file to the court, and submit the indictment to the court at the same time.

To sum up, the evaluation of criminal cases stipulates that the subject of the appraisal is a person with specialized knowledge, the object of the appraisal is a specialized issue that needs to be resolved in the case, and needs to be analyzed by professionals, and the completed appraisal opinion shall be informed to the criminal suspect or victim, and shall be signed by both parties. In the case of an application by both parties, a supplementary appraisal or a new appraisal may be made.

Code of Criminal Procedure

Article 146:When it is necessary to resolve certain specialized issues in the case in order to ascertain the facts of the case, a person with specialized knowledge shall be appointed or hired to conduct an evaluation.

Article 147:After evaluators conduct an evaluation, they shall write an evaluation opinion and sign it.

Where the person who examined the ruler intentionally makes a false appraisal, he shall bear legal responsibility.

Article 148: 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.

Article 149:The period for conducting a psychiatric evaluation of a criminal suspect is not included in the time limit for handling the case.