Are people in their seventies qualified to do forensic evaluations?

Updated on society 2024-08-05
19 answers
  1. Anonymous users2024-02-15

    According to the General Principles of Judicial Appraisal Procedures (for Trial Implementation), the following procedures shall be followed in applying for judicial appraisal: 1. Entrustment: 1. Judicial appraisal institutions accept judicial appraisal entrustment from judicial organs and arbitration institutions.

    2. In litigation cases, under the circumstance that the parties bear the burden of proof, the judicial appraisal institution may also accept the judicial appraisal entrustment of the parties. When a party entrusts a judicial appraisal, it is generally conducted through a law firm. 2. Acceptance:

    After receiving the power of attorney, the forensic appraisal institution shall review the client's entrustment matters and make the following decisions: 1. For those that meet the requirements for acceptance and can immediately decide to accept the case, the forensic appraisal institution shall sign a "Judicial Appraisal Entrustment Acceptance Contract" with the client; 2. If it is not possible to make an immediate decision to accept it, a "Receipt Form for Judicial Appraisal Entrustment Materials" shall be issued to the client, and a decision on whether to accept it shall be made within 7 days from the date of receipt of the entrusted materials; 3. For those who do not meet the requirements for acceptance and decide not to accept it, the appraisal materials shall be returned and the reasons shall be explained to the client; 4. If the letter is entrusted, the forensic appraisal institution shall make a written reply on whether or not to accept the letter within 7 days from the date of receipt of the letter. III. Initial Appraisal After the forensic appraisal institution accepts the entrustment, the forensic appraiser designated by the forensic appraisal institution, or the forensic appraiser applied by the client and approved by the forensic appraisal institution, completes the entrustment.

    IV. Supplementary Appraisal In any of the following circumstances, the forensic appraisal institution may accept the commission to conduct a supplementary appraisal: (1) New relevant appraisal materials are discovered (2) There are omissions in the original appraisal items V. Reappraisal In any of the following circumstances, the forensic appraisal institution may accept the commission to conduct a re-appraisal: (1) The forensic appraisal institution or forensic expert conducts an appraisal beyond the scope of forensic appraisal or the type of practice; (2) The materials submitted for appraisal are false or untrue; (3) The standards, methods, or instruments and equipment used in the original appraisal are improper, resulting in unscientific and inaccurate original appraisal conclusions; (4) The original appraisal conclusion is contradictory to other evidence; (5) The original forensic evaluator should have recused himself but did not; (6) The original forensic evaluator issued an erroneous appraisal conclusion due to fault; VI. Review and Appraisal Where there are objections to the appraisal conclusion and it is necessary to conduct a review and appraisal, other judicial appraisal institutions with higher qualifications may accept the commission to conduct a review and appraisal.

    In addition to the appraisal materials, the original judicial appraisal documents should also be submitted for review and appraisal. VII. Issuance of Judicial Appraisal Documents After completing the judicial appraisal within the statutory or agreed appraisal period, the judicial appraisal institution shall issue the judicial appraisal documents on time. The original of the judicial appraisal documents shall be in triplicate, one of which shall be handed over to the client and two shall be filed by the judicial appraisal institution.

    VIII. Appearing in Court Judicial evaluators shall appear in court on time in accordance with the requirements of the judicial or arbitration organs. When judicial evaluators appear in court, they shall present the "Judicial Evaluator Practice Certificate".

  2. Anonymous users2024-02-14

    Yes, the formal paternity test needs to be done at a qualified judicial appraisal center, and some hospitals may not be able to do it. And paternity testing is generally divided into two categories: one is personal privacy paternity testing, that is, when you have doubts about the parent-child relationship, you want to quietly conduct the identification in private.

    The second is judicial appraisal, which is generally used in judicial proceedings, or for parent-child relationship certification, and can also be used as a certificate for household registration. If you want to do a judicial appraisal, it is best to choose a formal judicial appraisal center, so that the report will have legal effect and will be recognized by the police station. [If you don't understand anything, you can send me a private message].

  3. Anonymous users2024-02-13

    The elderly do not need to do judicial appraisal when selling a house, but they need to have a lawyer present or after notarization, and the legal effect will be stronger. Generally, no psychiatric evaluation is done for the testator. As long as the testator is aware of the testator and the will is legitimate, the will is valid.

    If there is a basis to suspect that the elderly are unconscious, they also need to go through legal procedures before they can be evaluated. Where the parties request an appraisal and the court accepts it, the court is to appoint an appraisal body for evaluation.

    Legal analysis

    Generally, no psychiatric evaluation is done for the testator. As long as the testator is aware of the testator and the will is legitimate, the will is valid. Judicial appraisal refers to an activity in which in the course of litigation a judicial organ or a party entrusts a statutory appraisal unit to use professional knowledge and technology to make an appraisal and judgment in accordance with legal procedures on specialized issues in a case.

    In the course of criminal proceedings, where the perpetrator has doubts about certain professional issues, he or she may apply for a judicial evaluation, and since the results of the judicial evaluation will affect the outcome of the criminal proceedings to a certain extent, the perpetrator should lawfully go to an institution with appraisal qualifications to conduct a judicial evaluation. If there is a basis to question the confusion of the elderly, it is also necessary to go through legal procedures before the assessment of behavioral capacity can be made. The forensic appraisal institution 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.

    Legal basis

    General Principles of Judicial Appraisal Procedures》 Article 11: Judicial appraisal institutions shall uniformly accept judicial appraisal entrustment from case-handling organs.

    Article 12: 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 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.

    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.

  4. Anonymous users2024-02-12

    There is no causal connection between the sale of the house and the judicial appraisal.

    An elderly person over 70 years of age who has the capacity for civil rights and civil conduct under civil law (unless he has a mental illness), and his actions have legal effect. If the disposal is your own property, it is valid!

  5. Anonymous users2024-02-11

    The old man is 82 years old this year, has 6 children, the house is in the name of the old man, and the house has not been sold through the other 4 children, whether it is in accordance with the law.

    I haven't heard back from you.

    Betrayal, like you, now you have a mobile phone, and when you sell it, you don't need the consent of your son and daughter to sell it.

    The old man's things do not belong to his children, as long as the old man is alive, they all belong to him, and he has the right to deal with it himself, and he can do whatever he wants.

  6. Anonymous users2024-02-10

    The minimum level of disability, the compensation will not be too much, the state has specific regulations, you can consult the staff of the Traffic Accident Division or the Labor Bureau Work Injury Section.

  7. Anonymous users2024-02-09

    No, you don't.

    As long as it is the will of the elderly, the elderly are clearly conscious, and can go to the real estate transaction center to sign and go through the transfer procedures, selling the real estate in his own name does not require judicial appraisal.

  8. Anonymous users2024-02-08

    If you think it's not true, you can ask for an intelligence test.

  9. Anonymous users2024-02-07

    Nonsense, ** can do something practical for the people!

  10. Anonymous users2024-02-06

    Why? His actions should not be restricted.

  11. Anonymous users2024-02-05

    If a 70-year-old man is hit, he should demand compensation from the other party based on the results of the judicial appraisal. The standard of training is determined by the standard of the insurance company, and the second is the medical fee, nursing fee, nutrition fee, etc. Compensation is made on the basis of actual expenditure.

  12. Anonymous users2024-02-04

    Back pain in a 70-year-old. Two judicial precedents. Actual compensation standards. At the age of 70, it is common to make mistakes. I can't send it. It is enough to be punished.

  13. Anonymous users2024-02-03

    1. From the perspective of the parties applying for notarization, if the elderly are sober-minded and their language expression is smooth, there is no need for psychiatric judicial appraisal;

    2. However, the notary office usually makes video and audio recordings to prove the sober state of the elderly and prevent disputes.

  14. Anonymous users2024-02-02

    No, notary. An assessment will be conducted. Consider whether it is allowed or not.

  15. Anonymous users2024-02-01

    In order to avoid future incidents, the conclusion of the gift contract requires the presence of a professional doctor and a practicing lawyer. This will increase the effectiveness a lot.

  16. Anonymous users2024-01-31

    If you want to apply for notarization is a person with full civil capacity and can clearly express your will, there is no need to do judicial appraisal. If the notary office suspects that a person with no capacity for civil conduct or a person with limited capacity for civil conduct does not have a guardian ** to apply for notarization, it may request the notarization to do a forensic evaluation of psychiatric disorders, and there is no age limit for the person to be evaluated. .

  17. Anonymous users2024-01-30

    Some do not handle it in order to shirk responsibility.

    If it is a property, it is enough to handle the transfer directly.

    There is no need to make a will.

  18. Anonymous users2024-01-29

    Many accidents and cases require forensic appraisal to determine the facts of the case. Judicial appraisal needs to strictly follow the eight procedures of entrustment, acceptance, initial appraisal, supplementary appraisal, re-appraisal, review appraisal, issuance of judicial appraisal documents, and appearance in court, and individuals can apply for judicial appraisal. Under normal circumstances, the forensic appraisal institution is determined by the court and the parties through consultation to ensure the impartiality of the forensic appraisal.

    How to apply for an individual:

    1. Bring personal identification information to a professional entrusting agency and submit the materials that need to be appraised.

    2. After the entrustment, the agency will review the appraisal materials, and if the requirements are met, the entrustment will be accepted.

    3. After successfully accepting their own commission, the corresponding agency will begin to evaluate the materials provided.

    4. After accepting the entrustment, wait for the results after the appraisal is completed, and the results will be disclosed in the court in the form of documents.

    Judicial appraisal welcomes to consult and choose Guangdong Cai'an Judicial Appraisal Institute.

  19. Anonymous users2024-01-28

    Absolutely.

    According to the law, the parties may submit an application for judicial appraisal to the people's court, and the court shall convene the parties to negotiate the selection of an appraisal agency, and if the negotiation fails, the court shall appoint a judicial appraisal institution.

    In litigation cases, where the parties bear the burden of proof, the forensic appraisal institution may accept the parties' entrustment for forensic appraisal. The parties may also entrust judicial appraisal through a law firm**.

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