Forensic Identification and Processing Procedures...

The thing you're talking about is complicated. If your grandmother can be identified as seriously injured, the driver can be detained and sentenced to up to three years in prison. That's the cost.

If the injury is less than minor, the driver cannot be criminally detained, and the driver can only be prosecuted. Fortunately, now the general car has compulsory traffic insurance, and the medical expenses below 100,000 yuan are generally no problem, and can be solved by the insurance company.

Legal analysis: The process of forensic appraisal mainly includes: 1. Forensic appraisal is mainly entrusted by the procuratorate of the Public Security Bureau.

II. Entrusted evaluations are to be conducted by the case-handling unit, and forensic evaluations retained in the name of individuals are not to be accepted. III. Before entrusting a forensic evaluation, the public security organs' case-handling unit shall prepare sufficient evaluation materials and have them reviewed by the forensic doctor. IV. Forensic medical examiners shall conduct a physical examination of the person being evaluated, may request supplemental evaluation materials, and have an obligation to determine the timing of the evaluation.

V. Case-handling units, and forensic medical examiners may conduct physical examinations of evaluators with seriously limited mobility. VI. Where the parties to the case-handling unit or case feel that the forensic evaluation conclusions are not justified and do not fully discover new materials and answer new questions, the case-handling unit may entrust the forensic doctor who originally made the evaluation to conduct a supplemental evaluation. Yinxiang.

VII. Where parties to a case feel that they have objections to the conclusion of the forensic evaluation, they may apply to the unit handling the case and entrust the forensic doctor of the public security organ at the level above to conduct a new evaluation.

Legal basis: According to Article 29 of the Rules of Judicial Appraisal Procedure.

In any of the following circumstances, the forensic appraisal institution may accept the commission to conduct a new appraisal:

1) The original forensic evaluator does not have the qualifications to engage in the appraisal of the original entrusted matter;

2) The original forensic appraisal body organizes an appraisal beyond the scope of its registered operations;

3) Where the original forensic evaluator shall recuse himself or herself in accordance with provisions, but did not recuse himself;

4) The client or other litigants have objections to the original evaluation opinion, and can submit a lawful basis and reasonable grounds;

5) Other circumstances provided for by law or where the people's court finds that a new evaluation is necessary.

Legal Analysis: Forensic Appraisal Process: 1. The entrustment of the case-handling unit by the entrusted forensic appraisal agency of the public security organ shall be accepted and shall not be refused without reason, and the appraisal agency has the right to refuse the party without a power of attorney.

2. Forensic injury appraisal should adhere to the principle of seeking truth from facts, and the inspection and appraisal institute should be detailed and reliable based on the information, and should review the original medical records to make an objective and fair appraisal conclusion. 3. After the forensic appraisal body makes an appraisal, it shall disclose to the case-handling unit the conclusion of the appraisal, the results of the examination, the medical records of the hospital, and the laws and regulations on which it is based. 4. If the parties have doubts about the conclusions of the appraisal, the results of the examination, the medical records of the hospital, and the laws and regulations on which they are based, the forensic evaluator shall make an explanation.

5. After receiving the case, the forensic evaluator shall send the "Forensic Appraisal Report" (except for those who need to observe changes in the injury due to functional injuries) to the case-handling unit within 10 working days; In difficult cases, the Forensic Appraisal Report should be sent to the case-handling unit within 15 working days; If the injury is complicated and it is difficult to draw a conclusion, it should be transferred to the higher appraisal agency within 15 working days. 6. The person being appraised must cooperate closely with the appraiser when accepting the inspection, and must provide the appraiser with all the true medical records, inspection reports, and various photographs, and shall not be falsified, and the offender shall be investigated for legal responsibility in accordance with the law.

Legal basis: General Principles of Judicial Appraisal Procedures

Article 13: Forensic evaluation institutions shall make a decision on whether or not to accept the case within 7 working days of receiving the entrustment. For the entrustment of complex, difficult, or special appraisal matters, the forensic appraisal institution may negotiate with the client to decide on the time for acceptance.

Article 14: Forensic evaluation establishments shall conduct a review of the entrusted evaluation matters, evaluation materials, and so forth. Where it is within the scope of that institution's forensic appraisal operations, the purpose of the appraisal is lawful, and the appraisal materials provided can meet the needs of the appraisal, it shall be accepted. Where the appraisal materials are incomplete or insufficient and cannot meet the needs of the appraisal, the forensic appraisal body may request that the client supplement them; Where the needs of the evaluation can be met after supplementation, it shall be accepted.

Legal Analysis: Forensic Appraisal Procedures: 1. Where a party requests an injury appraisal in the course of a public security organ handling a public security or criminal case, the case-handling unit shall promptly issue a power of attorney for forensic injury appraisal, and the party shall go to the entrusted forensic appraisal institution for appraisal with the power of attorney.

2. The case-handling unit of the public security organ shall inform both parties of the entrusted appraisal agency. 3. The parties may apply for four recusals against the members of the entrusted appraisal agency. If the injured person is not local**, they may request that the case-handling unit change the entrusted appraisal agency, but they must not request an appraisal to a certain appraisal agency on their own.

4. The case-handling unit must disclose the content and conclusion of the appraisal to both parties. 5. After the first appraisal, if one or both parties object to the appraisal conclusion, they have the right to submit an application, and the case-handling unit shall entrust a statutory appraisal agency to review or re-appraise. The case-handling unit shall issue a power of attorney within 10 days of a party's application, and must not refuse it.

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

Article 146: In order to ascertain the facts of the case, when it is necessary to resolve certain specialized issues in the brother's spine 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 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 submits an application, the evaluation may be supplemented or re-evaluated.

The conditions for applying for a forensic appraisal are as follows:

1. It is necessary to issue the power of attorney for appraisal, the identity certificate of the person being appraised, outpatient medical records, discharge records and other relevant materials;

2. The person being evaluated must be present in person, and minors must be accompanied by their guardians or entrusted units.

Upon receipt of the entrustment, the forensic evaluation institution shall conduct a review of the entrusted appraisal matters, and shall accept the appraisal entrustment that is within the scope of the institution's judicial appraisal business, where the purpose and evaluation requirements of the entrusted appraisal items are lawful, and where the appraisal materials provided are true, complete, and sufficient.

Under what circumstances the appraisal entrustment of a judicial appraisal institution must not be accepted.

1. The entrusted appraisal matters exceed the scope of the institution's judicial appraisal business;

2. It is found that the appraisal materials are untrue, incomplete, insufficient, or the method of obtaining them is illegal;

3. The purpose of appraisal is illegal or contrary to social morality;

4. The appraisal requirements do not conform to the judicial appraisal practice rules or relevant appraisal technical specifications;

5. The appraisal requirements exceed the technical conditions or appraisal capabilities of the Benzai Liang institution;

6. The client entrusts another judicial appraisal institution to conduct an appraisal on the same appraisal matter at the same time;

7. Other circumstances that do not comply with the provisions of laws, regulations and rules.

[Legal basis].Article 12 of the General Principles of Judicial Appraisal Procedures.

Where the client entrusts an evaluation, they shall provide the forensic evaluation body with true, complete, and sufficient evaluation materials, and be responsible for the authenticity and legality of the evaluation materials. Forensic evaluation establishments shall check and record the name, type, quantity, sexual scarcity, state of preservation, time of receipt, and so forth. Where litigants have objections to the evaluation materials, they shall submit them to the client.

The term "appraisal materials" as used in these General Principles includes biological and non-biological samples, comparison sample materials, and other appraisal materials related to the leniency of the Appraisal Rules.

The forensic procedure is as follows:

1. Submit an application for appraisal. Technical appraisal is divided into two types: application appraisal and entrusted appraisal, the party applies for appraisal, and the unit entrusts appraisal. The application must be made in writing and relevant information must be provided.

2. Pay the appraisal fee. Any applicant or client who requests to conduct an appraisal must pay the appraisal fee in accordance with the fee standards stipulated by the provinces, autonomous regions and municipalities directly under the Central Government at the same time as the outstanding application. After collecting the appraisal fee, the technical appraisal institution must issue an official invoice to the applicant or the client.

When applying for a re-appraisal, you must pay another appraisal fee.

3. Accept and file the case. After receiving the written application and the appraisal fee paid by the applicant or the client, the case has been accepted and filed, and the preparation for the appraisal shall be carried out in accordance with the relevant provisions from the day of acceptance.

4. Make appraisal conclusions. The appraiser makes an appraisal conclusion.

5. Notify the appraisal conclusion in writing. Once the appraisal conclusion is formed, it shall be sent to the applicant or client in the form of a standardized official document as soon as possible within the prescribed time limit.