The question of re identification of minor injuries, can minor injuries be re identified after ident

It is possible to apply for a re-evaluation, but it is up to you to decide whether it is necessary or not. In the case of fractures, the results of the injury identification are not affected over time.

Code of Criminal Procedure

Article 120: After evaluators conduct an evaluation, they shall write out the evaluation conclusion and sign it.

If there is a controversy over the medical evaluation of personal injuries and it is necessary to re-evaluate or the medical evaluation of mental illness, it shall be conducted by a hospital designated by the provincial people**. After the evaluator conducts the evaluation, the evaluation conclusion shall be written, signed by the evaluator, and the hospital shall affix its official seal.

Where evaluators intentionally make false evaluations, they shall bear legal responsibility.

Article 121: The investigating organs shall inform the criminal suspect or victim of the evaluation conclusions to be used as evidence. If the criminal suspect or victim submits an application, the evaluation may be supplemented or re-evaluated.

Article 33 of the Criteria for the Identification of Minor Human Injuries (except for a simple linear fracture of the ribs).

In the light of what you said, consider what your family says is it necessary to apply for a re-evaluation. The application for re-appraisal is to go to the hospital designated by the provincial people, and in general, the cost of re-appraisal is paid by the applicant. Moreover, as far as you mentioned, there are 3 rib fractures, and such injuries do constitute minor injuries, and there is nothing wrong with such an appraisal conclusion.

According to Article 33 of the "Standards for the Appraisal of Minor Human Injuries", if the appraisal is re-evaluated, the appraisal conclusion of 3 rib fractures is still the same, it is a minor injury.

The injury appraisal should be done by the police station, and the disability appraisal should be done by a qualified appraisal agency. Formal ones shall be selected from the directory of appraisal institutions published by the provincial high courts.

In this case, if the other party agrees to the mediation of the police station and is willing to compensate, it is recommended to go to mediation and take the money and leave immediately. If you think that the injury is serious, you need to go to a qualified judicial appraisal center to appraise it, and the other party can be held criminally responsible if it constitutes a minor injury or more. However, even if it constitutes a minor injury, and the lawsuit drags on for too long, you still have to file an attached civil lawsuit, and when the money is paid, it is estimated that your anger towards him will disappear, and you will be angry with the court again...

Alas, the case of minor injuries is very troublesome...

Legal analysis: If the parties are not satisfied with the appraisal conclusion, they may request a new appraisal.

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

Article 146:When it is necessary to resolve certain specialized issues in the case in order to ascertain the facts of the case, a person with specialized knowledge shall be appointed or hired to conduct an evaluation.

Article 147: After conducting an evaluation, the evaluator should write out an appraisal opinion and sign it. Where evaluators intentionally make false evaluations, they shall bear legal responsibility.

Article 148: The investigator shall inform the criminal suspect or victim of the evaluation opinion to be used as evidence. If the criminal suspect or victim submits an application for search and dispersion, the evaluation may be supplemented or re-evaluated.

If a party is not satisfied with the assessment of its own or other party's disability, it shall provide corresponding reasons that comply with the provisions of laws and regulations, and if the reasons are sufficient, it may request a re-appraisal or supplementary appraisal. Where the suspect or victim of the violation has objections to the evaluation opinion, they may submit an application for a new evaluation within 3 days of receiving a copy of the evaluation opinion, and a new evaluation is to be conducted after approval by a public security organ at the county level or above. The re-evaluation of the same matter in the same administrative case is limited to one time.

Article 89 of the Provisions on the Procedures for Handling Administrative Cases by Public Security Organs: The evaluation of personal injuries is to be conducted by a forensic doctor. A diagnosis certificate issued by a qualified doctor of a medical institution licensed by the competent administrative department of health may be used as the basis for the public security organs to determine the degree of personal injury, except in the circumstances provided for in Article 90 of these Provisions. The evaluation of mental illness shall be conducted by an appraisal agency that is qualified for psychiatric evaluation.

Article 89 of the Provisions on Procedures for Handling Administrative Cases by Public Security Organs: The evaluation of personal injuries is to be conducted by a forensic doctor. A diagnosis certificate issued by a qualified doctor of a medical institution licensed by the competent administrative department of health may be used as the basis for the public security organs to determine the degree of personal injury, except in the circumstances provided for in Article 90 of these Provisions. The evaluation of mental illness is to be conducted by an evaluation institution with psychiatric evaluation qualifications.

1. Write out the application for re-appraisal, the format of the re-appraisal application is: titled "Application for Re-appraisal", the basic information of the applicant, including name, gender, place of origin, address, work unit and other information of the person who is in charge of the appraisal, explain why he is not satisfied with the re-appraisal of an appraisal agency in accordance with the law. It ends with:

Sincerely, so-and-so court. Applicant such as Bu Mo: so-and-so, (signature, seal) year, month and date.

2. Submit the written application for re-appraisal to the case-handling organ;

1. What are the conditions for applying for re-appraisal of minor injuries?

Circumstances in which a reappraisal can be requested:

Where evidence is presented to prove the existence of any of the following circumstances, the people's court shall permit it:

1. The appraisal institution or appraisal personnel do not have the relevant appraisal qualifications;

2. The appraisal procedure is seriously illegal;

3. The appraisal conclusion is obviously based on insufficient evidence;

4. Other circumstances that cannot be used as evidence after cross-examination.

Where flawed appraisal conclusions can be resolved through methods such as supplemental evaluation, re-examination, or supplemental debate, a new evaluation is not to be made.

2. What is the compensation standard for minor injuries?

1. If you want to investigate the criminal responsibility of the perpetrator, you can directly go to the court to file a criminal lawsuit.

2. Intentional injury causing minor injuries to the victim is sentenced to up to three years in prison, short-term detention or controlled release.

3. In the face of your personal and other losses, you can file a claim for attached civil compensation.

4. The specific compensation includes all aspects of the victim's life, mainly transportation, accommodation, nursing, etc., as well as necessary expenses such as medical expenses and food allowance during hospitalization. For injuries that reach the level of disability, it also includes compensation for disability, the cost of disability assistive devices, the basic living expenses of dependents, as well as the necessary expenses actually incurred due to **nursing and continuation**, daily nursing expenses and follow-up expenses. The specific amount of compensation varies from place to place.

It is roughly 5.8 times the cost of medicine.

5. In a private prosecution case filed with the court, the two parties may conduct mediation, and the private prosecution may also be withdrawn for the criminal part.

Where there are objections to the results of the judicial evaluation, they may request that the judicial evaluation be re-conducted in accordance with law. Article 27 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings stipulates that "where a party has an objection to the appraisal conclusion made by the appraisal department entrusted by the people's court and applies for a new appraisal, and submits evidence to prove the existence of any of the following circumstances, the people's court shall permit it:

1. The appraisal institution or appraisal personnel do not have the relevant appraisal qualifications;

2. The appraisal procedure is seriously illegal;

3. The appraisal conclusion is obviously based on insufficient evidence;

4. Other circumstances that cannot be used as evidence after cross-examination", and Article 28 stipulates that "if one party entrusts the relevant department to make an appraisal conclusion, and the other party has sufficient evidence to refute it, and applies for a new appraisal", the people's court shall approve it.

1. Which institution to go to to apply for appraisal for minor injuries?

Appraisal institutions: forensic physicians or persons with forensic science appraisal qualifications appointed or hired by public security organs, people's procuratorates, and people's courts in accordance with law.

The public security organs, people's procuratorates, and people's courts are to lawfully appoint or hire forensic physicians who enjoy the right to conduct judicial evaluations, or persons with legal expertise in medical evaluations, to serve as evaluators. The identification of the degree of injury should be based on the primary damage and 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. Where multiple injuries do not meet the standard, they cannot simply be added together as minor injuries.

If all three (type) injuries are close to the standard, a comprehensive assessment can be made according to the specific circumstances.

Under normal circumstances, after the occurrence of an injury case, the police should be reported first, and a power of attorney for appraisal should be issued to the designated institution for evaluation, which is generally carried out by a forensic doctor.

2. Minor injury appraisal can be applied for several times.

There are no hard and fast rules, and the other party can apply multiple times, but whether or not to agree is up to the public security organs to decide.

Article 29 of the General Principles of Judicial Appraisal Procedures.

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

1. The original forensic appraiser does not have the qualifications to engage in the appraisal of the original entrusted matters;

2. The original forensic appraisal institution organizes appraisals beyond the registered business scope;

3. The original forensic evaluator shall recuse himself or herself in accordance with provisions and fails to do so;

4. The client or other litigants have objections to the original appraisal opinion and can put forward a lawful basis and reasonable grounds;

5. Other circumstances provided by law or deemed necessary by the people's court for re-evaluation.

The qualifications of a forensic evaluation institution that accepts a re-evaluation entrustment shall generally be higher than that of the forensic evaluation institution originally retained.