What legal responsibilities should the appraiser bear for intentionally destroying the appraisal mat

The rules for handling different criminal appraisal opinions of evaluators are: 1It is to be handled in accordance with the rules of the appraiser's personal responsibility system; 2.

Use the voting system to deal with the different appraisal opinions of the suspects; 3.Differences in appraisal are handled in a documented manner with reservations. According to article 146 of the Criminal Procedure Law, the investigating organ shall inform the criminal suspect or victim of the appraisal opinion to be used as evidence.

If the criminal suspect or victim submits an application, the evaluation may be supplemented or re-evaluated.

Article 146 of the Criminal Procedure Law: When it is necessary to resolve certain specialized issues in the case in order to ascertain the facts of a case, a person with specialized knowledge shall be appointed or hired to conduct an evaluation. Article 147:After the evaluator conducts an evaluation, they shall write out the evaluation opinion and sign it. Where evaluators intentionally make false evaluations, they 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 makes an application, the evaluation may be supplemented or re-evaluated.

Legal Analysis: The appraisal of the items involved in the destruction of public or private property is generally conducted in accordance with the following principles:

1. If the entrusting party does not specifically request the loss value of the damaged object, only the direct loss is generally calculated, excluding the indirect loss value.

2. The loss and destruction value of the damaged object should be calculated according to the following principles according to the degree of damage

1) Repair is the main thing, and replacement is the secondary;

2) Xiukaisen should be able to restore the appearance and main performance to the condition before the damage;

3) Materials and quality of replacement parts.

Legal basis: Article 275 of the Criminal Law of the People's Republic of China: Whoever intentionally destroys public or private property, where the amount is relatively large or there are serious circumstances in which he is trapped by his grandson, is to be sentenced to up to three years imprisonment, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Summary. Hello dear! Price appraisal, in general counties and cities, is undertaken by the appraisal center of the former Price Bureau. This appraisal agency needs to have specific qualifications, and then apply to the Bureau of Justice for judicial appraisal qualifications!

Hello dear! Price appraisal, in general counties and cities, is a hail bureau that is borne by the appraisal center of the former price bureau. This appraisal agency needs to have specific qualifications, and then apply to the Bureau of Justice for judicial appraisal qualifications!

Article 14 of the Measures for the Administration of the Registration of Forensic Authentication Institutions: Legal persons or other organizations applying to engage in forensic authentication business shall meet the following requirements: (1) have their own name and domicile; (2) have funds of not less than RMB 200,000 to RMB 1,000,000; (3) There is a clear scope of business for the division of closed-chain method appraisal; (4) Have instruments and equipment necessary for conducting forensic evaluations within the scope of their operations; (5) There are testing laboratories that are necessary to conduct judicial appraisal within the scope of business and have passed the measurement certification or the accreditation of the Xingbi laboratory in accordance with the law; (6) Each judicial appraisal business has three or more judicial evaluators named or higher.

The price appraisal agency is entrusted by **, of course, if the person is not satisfied, you can apply for re-appraisal.

In general counties, there is basically only the appraisal center of the former price bureau, and the specific price appraisal judicial qualifications.

Legal Analysis: The appraisal of the items involved in the destruction of public or private property is generally conducted in accordance with the following principles:

1. If the entrusting party does not have a special request, only the direct loss is calculated, excluding the indirect loss value.

2. The loss value of the damaged object shall be calculated according to the following principles according to the degree of damage:

1) Repair is the main thing, and replacement is the secondary;

2) The repair should be able to restore the appearance and main performance to the condition before the damage;

3) Materials and quality of replacement parts.

Legal basis: Criminal Law of the People's Republic of China Article 275 Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to fixed-term imprisonment of not more than three blind years, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Intentional injuries can be identified by:

First, call the police, and then bring the power of attorney issued by the public security organ for injury evaluation within 24 hours to the designated appraisal agency for injury evaluation. After the designated appraisal body accepts the entrustment, the time for conducting the appraisal shall be within 24 hours of the time of the entrustment, and the appraisal documents shall be issued within 3 days.

If it is determined that more than minor injuries are caused by intentional injury, the person who assaulted the person will constitute the crime of intentional injury and need to be criminally punished. Generally, the sentence is up to three years imprisonment, short-term detention or public surveillance.

The perpetrator is also required to bear civil liability and pay compensation for personal injuries to the injured.

General Principles of Judicial Appraisal Procedures

The twenty-eighth morning collapse.

Forensic evaluation institutions shall complete the evaluation within 30 working days of the effective date of the forensic power of attorney.

Where the appraisal matters involve complex, difficult, or special technical issues, or where the appraisal process requires a long period of time, the time limit for completing the appraisal may be extended with the approval of the responsible person for that institution, and the extended time limit shall generally not exceed 30 working days. Where the time limit for evaluation is extended, the client shall be promptly informed.

Where there is a separate agreement between the judicial appraisal and negotiation body and the client on the time limit for evaluation, follow that agreement.

The time required to supplement or re-extract appraisal materials during the appraisal process is not included in the appraisal time limit.

The provisions on the basis of the appraisal of intentional injury are the appraisal opinions of professional forensic appraisal institutions.

1. The criteria for determining the crime of intentional injury are as follows:

1) There should be behaviors that damage the body of others;

2) The act of harming the body of others must be carried out illegally;

3) The act of harming the body of another person must have caused a certain degree of personal injury to the other person in order to constitute this crime.

2. Legal basis: Article 234 of the Criminal Law of the People's Republic of China [Crime of Intentional Injury] The criminal suspect has the intention to harm the victim's physical health, that is, he clearly knows that his conduct will cause the victim to suffer physical harm, and he wishes or allows such a result to occur. The criminal suspect has the intent to harm the victim's physical health, that is, he knows that his or her actions will cause the victim's physical harm, and he is willing or allows such a result to occur.

1. What evidence is required for the crime of intentional injury.

1) Facts that need to be proven in order to be cautious about the elements of the crime.

1. In the subjective aspect of the crime, it must be proven that: (1) the criminal suspect has the intent to harm the victim's physical health, that is, he clearly knows that his actions will cause the victim's physical harm, and he is willing or allows such a result to occur; (2) If the injury causes death, the criminal suspect has the intent to injure, but is negligent or unexpectedly subjective in the occurrence of the death; (3) Thoughts of committing a crime can be varied, but they should be investigated.

2. In terms of the objective aspect of the crime, it must be proven that: (1) there was an act of unlawfully infringing on the victim's physical health; (2) The physical harm to the victim reaches the legally-prescribed level of harm, including three situations: minor injury, serious injury, or injury causing death; (3) There is a causal relationship between the criminal suspect's harmful behavior and the victim's harmful consequences.

3. In terms of the object of the crime, it must be proved that the criminal suspect's conduct violated the victim's physical health, that is, unlawfully damaged the victim's intact human tissue or normal organ function.

2) Facts that need to be verified in terms of legally-prescribed sentencing circumstances.

In the case of serious injury, it should be ascertained whether the criminal suspect's criminal methods were particularly cruel and caused severe disability to the victim.