Which units can serve as clients for criminal forensic appraisals

Conditions for the Accreditation Body (Trustee):

Where a legal person or other organization applies to engage in forensic appraisal business, it shall meet the following requirements:

1.Have a clear scope of business;

2.Have the necessary instruments and equipment for conducting forensic appraisal within the scope of business;

3.There are testing laboratories that are necessary for judicial appraisal within the scope of business and have passed metrological certification or laboratory accreditation in accordance with the law;

4.There are more than 3 appraisers for each forensic business.

Persons who meet one of the following conditions may apply for registration to engage in judicial appraisal business:

1.Have a senior professional and technical title related to the forensic business applied for;

2.Have professional practice qualifications related to the forensic business applied for or a bachelor's degree or above in a relevant major from a university or university, and have been engaged in related work for more than 5 years;

3.Have more than 10 years of experience in the work related to the forensic business applied for, and have strong professional skills;

However, those who have received criminal punishment for intentional crimes or crimes of negligence in public office, those who have received sanctions of dismissal from public office, and those whose evaluator registration has been revoked must not engage in forensic appraisal operations.

Appraisal bodies established by investigative organs as needed for the investigation must not accept entrustment from the public to engage in forensic appraisal operations. People's courts and judicial administrative departments must not establish evaluation bodies. Individuals, legal persons, or other organizations applying to engage in judicial appraisal business shall be reviewed and approved by the provincial-level people's ** judicial administrative department, and those who meet the requirements shall be registered, compiled into the roster of appraisers and appraisal institutions, and announced.

In the course of litigation, only organs with investigative powers can conduct criminal forensic evaluations, so the power of entrustment is limited to the public security organs and the people's procuratorates.

The power to make forensic evaluation decisions in criminal proceedings is to be exercised by the investigating organs, procuratorial organs, and adjudication organs at different stages.

During the investigation phase, when it is necessary to resolve certain specialized issues in the case in order to ascertain the facts of the case, the investigating organ shall appoint or hire a person with specialized knowledge to conduct the evaluation. During the review phase, the people's procuratorate shall conduct an appraisal in order to ascertain the facts of the case and resolve certain specialized issues in the case. The appraisal is to be approved by the chief procurator, and is to be conducted by personnel with appraisal qualifications from the technical department of the people's procuratorate.

When necessary, other qualified personnel may also be hired to conduct the evaluation, but the consent of the evaluator's unit shall be obtained.

Where the people's procuratorate has doubts about the evaluation conclusions, it may appoint or hire a person with specialized knowledge or an evaluation body to conduct a supplemental or new evaluation of certain specialized issues in the case. Where departments need to conduct a review of evidence and materials involving specialized technical issues in a case for review, they may send it to procuratorial technicians or other persons with specialized knowledge for review.

Procuratorial technical personnel or other persons with specialized knowledge shall issue a review opinion after review. Where there are specialized issues that need to be evaluated during the trial phase of a criminal case, the people's court is to decide and entrust it. People's courts investigating and verifying evidence may conduct inquests, inspections, seizures, appraisals, inquiries, and freezing.

1. What is the process and method of commissioning criminal forensic appraisal?

After the procuratorate, organ, or people's court decides on the appraisal's evaluation application, they shall employ different methods to select and hire the evaluation body and evaluators based on the type of litigation and the circumstances of the case. In the early stage of criminal investigation, the investigating organ is generally to directly appoint or hire an appraisal agency or appraiser to conduct the appraisal. In the case of post-investigation and litigation, the applicant's opinion must be taken into account.

The entrustment of appraisal in civil litigation shall be jointly decided by the people's court and both parties. The Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings stipulate that after the parties apply for an appraisal with the consent of the people's court, the parties shall negotiate to determine an appraisal institution or appraiser with appraisal qualifications, and if the negotiation fails, the people's court shall appoint it.

Forensic expertise can be entrusted by individuals. The forensic evaluation body shall make a decision on whether or not to accept it 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 2 of the General Principles of Judicial Appraisal Procedures refers to the activities in which an evaluator uses science and technology or specialized knowledge to identify and judge specialized issues involved in litigation and provide appraisal opinions. Forensic procedure refers to the general term for the methods, steps and related rules of forensic appraisal activities carried out by forensic institutions and forensic experts.

Article 12 of the General Principles of Judicial Appraisal Procedures: Where a client entrusts an appraisal, it shall provide true, complete, and sufficient appraisal materials to the forensic appraisal institution; And be responsible for the authenticity and legitimacy of the appraisal materials. Forensic evaluation institutions shall check and record the name, type, quantity, character, state of preservation, time of receipt, and so forth of the appraisal materials. 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 materials, comparison sample materials, and other identification materials related to identification matters.