What are the requirements for the use of technical identification of evidence
Reply letter from the Supreme People's Court on the use of technical identification of exhibits It clearly states: For the technical appraisal of exhibits, there is only a preliminary inspection by the county-level public security department, without review and determination by the higher-level public security agency. The people's court cannot use it as the basis for finalizing the case. After the technical appraisal formally made by the public security agency, it can only As one of the pieces of evidence that determines the verdict, not the only evidence.
From the circumstances reflected in these case materials and the identification of the Ministry of Public Security The results show. Some people's courts, when trying cases involving reactionary slogans, leaflets, letters, etc., did not conduct serious investigation and research on the facts of the case, and simply relied on the technical identification of handwriting as the sole basis for determining whether the defendant committed the crime. This has resulted in some wrongful convictions. Some courts send cases that require handwriting identification, but the materials sent are too simple. The main reason is that there are insufficient handwriting materials written by the defendant before and after the case occurred.
Cannot authenticate. Some courts send exhibits in poisoning cases to the Ministry of Public Security for testing, without attaching case files or explaining the case clearly. make laboratory workersDifficulties occur. In these cases, the time required to handle the case is often lengthened due to the round trip of supplementary materials.
In order to facilitate the correct and timely trial of the case, for It is completely necessary to conduct technical appraisal of the evidence in some cases, but it is not necessary to determine the facts of the case. It mainly relies on in-depth investigation and research to find out the real situation, and cannot rely solely on technical appraisal. To this end, we have studied with the Ministry of Public Security. The following three opinions are put forward:
(1) In the future, various places When the court hears such cases, the preliminary inspection by the county-level public security department cannot be used as the basis for finalizing the case without review and confirmation by the higher-level public security agency; the technical appraisal formally made by the public security agency can only be used as evidence for finalizing the case. One, not the only evidence.
(2) From now on, any application submitted to the Ministry of Public Security for request Technical appraisal cases. In addition to specimens of handwriting or other identification items, the original documents must be attached; for handwriting identification, handwriting materials written by the defendant before and after the case occurred must also be attached for comparative analysis.
(3) The Ministry of Public Security proposed: In the future, local courts will require Cases concerning compound technical appraisal in this department are uniformly transferred from the High Court to the Supreme Court. we agree. For the above three points, please notify the court to which you belong to handle the matter accordingly.
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