Litigation

Provisions on applying for identification or evaluation in criminal proceedings

According to provisions on Criminal Procedure Law, where certain special issues in a case need to be solved to clarify the facts of the case, persons with expertise shall be assigned or hired to conduct identification or evaluation. In the judicial practice, the identification or evaluation for personal injury situation and for evaluating whether the criminal suspect has mental disorder are two common kinds of situations for identification or evaluation.

The criminal investigation organ shall inform the criminal suspect and the victim of the expert opinion which will be used as evidence. Upon application of the criminal suspect or the victim, a supplementary identification or evaluation or a re-identification or re-evaluation may be conducted. The period of mental disorder evaluation of a criminal suspect shall not be counted in the case-handling period.