Provisions of Beijing on the Entrustment of Judicial Authentication Work on Forensic Medicine, Physical Evidence, etc.
· Area of Law： State Organs
· Level of Authority： Local Judicial Documents
· Effective Date：07-01-2008
· Status： Effective
· Issuing Authority： Higher People's Court of Beijing Municipality
Several Provisions of the Higher People's Court of Beijing on the Entrustment of Judicial Authentication Work on Forensic Medicine, Physical Evidence, Sound and Images, Etc. (for Trial Implementation)
Article 1 These Provisions are formulated to regulate the entrustment of judicial authentication work on forensic medicine, physical evidence, sound and images, etc., strengthen the administration of entrustment of judicial authentication work and guarantee the fair and just trial of cases.
Article 2 For the purpose of these Provisions, the term “judicial authentication work on forensic medicine, physical evidence, sound and images, etc.” refers to examining and authenticating technical problems and reaching corresponding conclusions during litigation by professionals entrusted by the people's courts either upon application of the parties concerned or other litigation participants or according to their functions in order to find out or affirm case facts and provide scientific evidence for the judicial work.
Article 3 The judicial authentication work on forensic medicine, physical evidence, sound and images, etc. shall be entrusted openly.
Article 4 In the process of trial of a case, a people's court may decide to make judicial authentication upon application of a party concerned or any other litigation participant or according to its functions.
Article 5 Where it is necessary to entrust a judicial authentication on forensic medicine, physical evidence, sound and images, etc. to a judicial authentication institution, the parties concerned may first select one upon negotiations from the Roster of National Judicial Authenticators and Judicial Authentication Institutions (for Beijing) issued by the Municipal Bureau of Justice of Beijing, and the people's court shall entrust the judicial authentication to the institution as agreed upon by both parties.
Article 6 Where the parties concerned refuse to negotiate or fail to reach an agreement upon negotiations, a people's court shall fill out a Transfer Form for the Entrustment of Judicial Authentication and submit the relevant materials to the Higher People's Court which shall randomly select a judicial authentication institution from the list mentioned above.
Article 7 When the parties concerned select a judicial authentication institution, there must be at least two judicial personnel present at the scene, who shall not force, give a hint to or induce the parties concerned during the selection process and shall truthfully record the selection process and result.
Article 8 The Higher People's Court shall, within 15 days after receiving the materials submitted by a people's court, determine the judicial authentication institution and notify the court concerned of the result.
Article 9 The court concerned shall, after being notified by the Higher People's Court, inform the parties concerned of the relevant information and handle the entrustment formalities and specific matters with the entrusted judicial authentication institution. The standard entrustment formalities shall be determined by a people's court itself.
Article 10 Where special institutions are prescribed in the provisions of laws, regulations or departmental rules for areas of expertise involved in judicial authentication, such provisions shall apply.
Article 11 Under any of the following circumstances, another judicial authentication institution shall be selected:
1. the original judicial authentication institution refuses to accept an entrustment;
2. the judicial authentication procedure does not conform to law;
3. the judicial authentication materials contain false information or the judicial authentication methods are defective;
4. the judicial authenticator is a party to the case or a close relative thereof;
5. any close relative of the judicial authenticator is an interested person in the case;
6. the judicial authenticator once served as a witness, defender or attorney in the case;
7. the judicial authentication project is obtained by improper means;
8. any party concerned or other related person colludes maliciously with the judicial authentication institution; or
9. any other circumstance likely affecting the impartiality of judicial authentication.
Article 12 Where a judicial authentication institution fails to accomplish the entrusted task within the prescribed time, a people's court may decide whether to change the judicial authentication institution as the case may be.
Article 13 According to the Administrative Measures for the Appearance of Authenticators in Court as jointly signed by the Higher People's Court and the Municipal Bureau of Justice, the Municipal Bureau of Justice shall supervise and administer the relevant institutions and guarantee the appearance of authenticators in court for cross-examination. Where a judicial authentication institution fails to fulfill the obligations of appearing in court for inquires and answering questions of the parties concerned, a people's court shall report the relevant information to the Higher People's Court in a timely manner.
Article 14 A people's court shall handle, in a timely manner, the objections raised by the parties concerned and problems which occur during the entrustment of judicial authentication.
Article 15 The provisions on the entrustment of judicial authentication work as made by a people's court in Beijing shall not conflict with these Provisions.
Article 16 These Provisions shall come into force on July 1, 2008. The power to interpret these Provisions shall remain with the Higher People's Court of Beijing.