What situations require a forensic examination, and how is the forensic examination determined

1. Circumstances requiring forensic evaluation: In work and life, when a citizen is injured or dies due to injury, accident, traffic accident, work-related injury, medical error, etc., after necessary clinical treatment or treatment, the victim or his relatives may apply for forensic evaluation to clarify the degree of injury, disability level, working ability, injury, cause of death, injury and illness relationship, etc. If the person concerned loses the ability to work or dies due to trauma, and the dependents supported by him are also disabled, he or she may also apply for an appraisal of the disability procedures of the dependents to determine the living allowance of the dependents.

2. Procedures for applying for forensic appraisal: Citizens applying for forensic appraisal should first submit an application for forensic appraisal to the relevant public security and judicial organs. Where upon review the requirements for evaluation are met, professional forensic physicians or physicians from the forensic evaluation department may be appointed or hired to conduct evaluations of forensic science issues.

After the appraisal is made, the appraisal department submits it to the entrusting organ in the form of an appraisal certificate.

1. In accordance with the "Standards for the Identification of Minor Human Injuries (Trial)" issued by the two ministries and the two courts of the 90 Ministry

Article 9 Eye injury.

1) Eyelid injury affecting the face or function; (2) Simple fracture of the orbital region; (3) Partial injury and dysfunction of the lacrimal organs; (4) Structural damage to part of the eyeball, affecting the face or function; (5) Vision loss caused by injury, corrected visual acuity in both eyes to below (more than the decrease in visual acuity before the injury), and less than the corrected visual acuity in one eye (more than the decrease in visual acuity before the injury); Those who originally had low vision in one eye will have a level of vision loss after injury. mild visual field defects;

Article 14 The length of a single wound in the facial soft tissue is up to cm (up to 3 cm for children);

Article 15 Obvious scars left after facial injury, with a single length of 3 cm or a cumulative length of 4 cm; The area of a single block is 2 square centimeters or the cumulative area is up to 3 square centimeters; Pigmentation changes that affect the face by 6 square centimeters. Can constitute minor injuries.

If any of the above conditions are met, the injury you are talking about constitutes a minor injury; If the length of the laceration at the corner of the eye is not exceeded, the fundus is not damaged, and the vision is not affected, it can only be a minor injury.

2. Whoever intentionally harms another person's body on the basis of article 234 of the Criminal Law is to be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

In layman's terms, a person who intentionally injures and causes minor injuries can be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance.

3. If the injury is minor, the public security organ may handle it in accordance with the "Regulations on Public Security Administration Punishments". It is also possible to sue civilly in court for damages.

First, in the process of pursuing criminal responsibility, the examination of injuries can prove the specific degree of injury of the victim, and the court will pursue the criminal responsibility of the defendant accordingly.

Second, in terms of civil compensation, the degree of disability can be determined by the level of disability, because the degree of victim's injury affects the amount of compensation.

To correct, it is scary to forensic medical identification at this time.

Hehe, it's more professional to say that the disability level appraisal is more professional.

Sweat. Forensics? It's not that serious, is it!?

The so-called identification means certainty, that is, the use of forensic medicine to determine the injured and the deceased.

A few stitches, don't be so exaggerated!

Hah, no need.

Legal analysis: According to the Criminal Procedure Law of the People's Republic of China, the eight types of evidence are: 1. Physical evidence; 2. Documentary evidence; 3. Witness testimony; 4. Victim statement; 5. Confession and justification; 6. Appraisal opinions; 7. Transcript; 8. Audio-visual materials.

Forensic appraisal results belong to the eight types of evidence, but there are also requirements for the appraisal opinions of evidence, not all of which belong to evidence, and some appraisal opinions are only used as an opinion.

Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes:

1) Statements of the parties, (2) documentary evidence, (3) physical evidence, (4) audio-visual materials, (5) electronic data, (6) witness testimony, (7) opinions on the promotion of the tone, and (8) inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Legal Analysis: The formalities required for forensic identification are:

1.Before entrusting a forensic evaluation, the public security organs' case-handling unit shall prepare sufficient evaluation materials and have them reviewed by a forensic doctor;

2.The forensic medical examiner shall conduct a physical examination of the person being evaluated, and may request supplemental evaluation materials;

3.For persons being evaluated with serious restrictions on their mobility, the case-handling unit and the forensic medical examiner may conduct a physical examination at the location where the person being evaluated is located;

4.If the parties to the case feel that they have objections to the conclusion of the forensic evaluation, they may apply to the case-handling Shan Zhuozhi to entrust the forensic doctor of the public security organ at the level above to conduct a new evaluation.

Legal basis: Standards for Forensic Appraisal of Serious Injuries》 Article 4: The person in the appraisal group who evaluates the degree of injury shall be a forensic physician or a person with forensic science evaluation qualifications, and may also be an attending physician or higher entrusted or hired by a judicial organ.

Legal Analysis: The procedures required for forensic medical identification are:

1.Before entrusting a forensic evaluation, the public security organs' case-handling unit shall prepare sufficient evaluation materials and have them reviewed by a forensic doctor;

2.The forensic medical examiner shall conduct a physical examination of the person being evaluated, and may request supplemental evaluation materials;

3.For persons being evaluated with serious limitations in their mobility, the case-handling unit and the doctor may go to the location where the person being evaluated is located to conduct a physical examination;

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

Legal basis: "Standards for Forensic Appraisal of Serious Injuries" Article 4: Evaluators for evaluating the extent of injuries shall be served by forensic physicians or persons with forensic science evaluation qualifications, and may also be appointed by judicial organs or hired by the attending physician or above.

1) Procedural disclosure.

1. Where a public security organ handles a public security or criminal case here, and the parties request an evaluation of their injuries, the case-handling unit shall promptly issue a power of attorney for forensic injury evaluation, and the parties shall use the power of attorney to conduct an evaluation at the entrusted forensic evaluation institution.

2. The case-handling unit of the public security organ shall inform both parties of the entrusted appraisal agency.

3. In accordance with article 28 of the Criminal Procedure Law, a party may apply for four recusals against the members of the entrusted appraisal body. 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.

6. If the conclusions of Gao Lixun of the two appraisals are different, the case-handling unit shall, in accordance with the provisions of Article 120 of the Criminal Procedure Law, issue a power of attorney to the parties to the hospital designated by the provincial people.

2) Appraisal disclosure.

1. The entrusted public security organ's forensic appraisal body shall accept the entrustment of the case-handling unit, and must not refuse without reason, and the appraisal body has the right to refuse a 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 report to the appraiser.