The Supreme People's Procuratorate (SPP) has issued the provisions on the substantive review of technical evidence in handling injury cases by people's procuratorates and the special review guidelines for the evaluation of degree of human body injury in injury cases in order to enhance the substantive review of technical evidence in injury cases, and to further improve the professionalism and standardization in the handling of such cases.
The two documents serve as concrete measures to implement the Opinions on Handling Cases of Minor Injuries Properly and Lawfully, which were jointly issued by the SPP and the Ministry of Public Security, and to address the technical challenges in injury cases and improve the quality and efficiency of handling process.
They were formulated by a special task force comprising the Procuratorial Department for General Crimes and the Procuratorial Technology Information Research Center of the SPP, following more than a year of collaborative efforts.
The provisions mark the first normative document jointly formulated by the criminal prosecution department and the prosecutorial technology department for the review of technical evidence. The document covers expert opinions, on-site inspection records, examination records, audiovisual materials, electronic data, and other technical evidence.
The document specifies that the substantive review targets technical evidence and the underlying foundational materials on which it is based. Considering the characteristics of injury cases, it clarifies the requirements and key points of substantive review for different technical evidence.
The special review guidelines concentrate on case handling and specify procedures for procedural and substantive reviews of appraisal opinions on the degree of human body injuries, specialized reviews of two or more conflicting opinions, and specialized reviews of common injuries to nine major body parts such as the head, face and limbs.
The document also includes specialized reviews of special examinations, such as medical imaging examinations. Emphasis is placed on reviewing the foundational materials supporting the opinions, which contributes to enhancing the credibility of judicial appraisal.
Both documents outline the division and collaboration between prosecutors and procuratorial technicians, specifying the focus of review, cooperation procedures, work requirements, and coordination mechanisms.
According to the documents, prosecutors will strengthen the substantive review of technical evidence in injury cases, with the assistance of technical personnel, to effectively address special issues. Technical personnel will focus on the contradictions and disputes in technical evidence to contribute to substantive review, enhancing the efficiency of legal supervision. Through integrated prosecution work, they aim to effectively implement the principle of "handling each case with high quality and efficiency".
