Forensic standards, forensic standards

The criteria for the evaluation of forensic injuries are to be conducted in accordance with the Standards for the Appraisal of the Degree of Human Injury. In this process, it is necessary to ensure that the program is open. 1. Where public security organs request an injury evaluation of a party in the course of handling a public security or criminal case, the case-handling unit shall promptly issue a power of attorney for forensic injury evaluation, and the party 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 the provisions of the Criminal Procedure Law, a party may apply for recusal from the entrusted appraisal body, and if the injured person is not local, he may request that the case-handling unit change the entrusted appraisal body, but must not request an appraisal to a certain appraisal body on his 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 the appraisal or re-appraisal. Case-handling units must not refuse a party's application when issuing a power of attorney. 6. After receiving the case, if the injury is complex and it is difficult to draw a conclusion, the forensic evaluator should transfer it to the higher appraisal institution.

Legal Analysis: The criteria for forensic identification vary according to the severity of injuries in different parts of the body. According to the forensic evaluation standards for minor injuries in the degree of human injury, such as minor injuries of the first degree and minor injuries of the second degree, such as scalp wounds or scars with a cumulative length of more than 20 cm, it is judged to be a minor head injury of the first degree; The criteria for serious injuries are also different, such as causing physical dismemberment or disfigurement.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the regulations.

Summary. Hello, according to your description, the forensic injury evaluation standard is based on the "Identification Criteria for the Degree of Physical Injury". Where a public security organ requests an evaluation of the injuries of a person concerned in the course of handling a public security or criminal case, the unit handling the case shall promptly issue a power of attorney for the forensic evaluation of the injury, and the person concerned shall use the power of attorney to go to the entrusted forensic medical appraisal institution for evaluation.

Hello, according to your description, the forensic injury evaluation standard is based on the "Identification Criteria for the Degree of Physical Injury". Where a public security organ requests an evaluation of the injuries of a person concerned in the course of handling a public security or criminal case, the unit handling the case shall promptly issue a power of attorney for the forensic evaluation of the injury, and the person concerned shall use the power of attorney to go to the entrusted forensic medical appraisal institution for evaluation.

Hello, in accordance with the provisions of the Criminal Procedure Law, the parties concerned may apply for the recusal of the entrusted appraisal agency, and if the injured person is not local, he may request the case-handling unit to change the entrusted appraisal agency, but he shall not request to go to a certain appraisal agency for evaluation. After the second appraisal, or if 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 body to review the appraisal or re-appraisal. The case-handling unit shall not refuse the application of the person concerned in the issuance of a power of attorney.

Hello, after the forensic appraisal agency makes an appraisal, it should disclose the conclusion of the appraisal, the results of the examination, the hospital medical records, and the laws and regulations on which it is based to the case-handling unit. If there is any doubt about the conclusions of the appraisal, the results of the examination, the medical records of the hospital, and the laws and regulations on which it is based, the forensic examination shall give an explanation.

Forensic evaluation standards are formulated in accordance with the relevant provisions of the Criminal Law of the People's Republic of China, on the basis of the theories and techniques of medicine and forensic science, and in combination with the practical experience of forensic medical examinations, to provide a basis for the evaluation of minor injuries.

[Legal basis].

Article 1 of the Standards for the Identification of Minor Human Injuries, which is based on the Criminal Law of the People's Republic of China

The relevant provisions are formulated on the basis of the theories and techniques of medicine and forensic science, combined with the practical experience of forensic medical examinations, to provide a basis for the evaluation of minor injuries.

Article 2: Minor injuries refer to injuries that are caused by physical, chemical, biological and other external factors acting on the human body, causing a certain degree of damage to the structure of tissues and organs or partial dysfunction, but do not constitute serious injuries but are not minor injuries.

Article 3: The identification of the degree of injury should be based on the primary injury and its consequences directly caused by external factors to the human body, including the injury at the time of the injury, the complications and sequelae caused by the injury, etc., and a comprehensive analysis and comprehensive assessment.

Article 4: Evaluators shall be forensic physicians or persons with forensic science evaluation qualifications; It may also be an attending physician or higher hired or retained by a judicial organ.