Standards of Beijing Bureau of Justice for Determination of Complicated Forensic Identification Services

 2018-06-07  8


Notice of the Beijing Municipal Bureau of Justice on Issuing the Standards of the Beijing Municipal Bureau of Justice for the Determination of Complicated Forensic Identification Services with Major Social Impact


· Document Number:No. 94 [2017] of the Beijing Municipal Bureau of Justice

· Area of Law: Judicial Assistance

· Level of Authority: Local Regulatory Documents

· Date issued:09-30-2017

· Effective Date:12-01-2017

· Status: Effective

· Issuing Authority: Beijing Municipal Bureau of Justice

 

Notice of the Beijing Municipal Bureau of Justice on Issuing the Standards of the Beijing Municipal Bureau of Justice for the Determination of Complicated Forensic Identification Services with Major Social Impact
(No. 94 [2017] of the Beijing Municipal Bureau of Justice)
The bureaus of justice of all districts, all departments and offices of the Beijing Municipal Bureau of Justice, the Beijing Association of Forensic Science, and all forensic identification institutions:
The Standards of the Beijing Municipal Bureau of Justice for the Determination of Complicated Forensic Identification Services with Major Social Impact, as deliberated and adopted at the director's executive meeting on September 11, 2017, are hereby issued to you for your diligent study, compliance and implementation.
Beijing Municipal Bureau of Justice
September 30, 2017
Standards of the Beijing Municipal Bureau of Justice for the Determination of Complicated Forensic Identification Services with Major Social Impact
For the purposes of regulating the acts of collecting forensic identification fees, and protecting the lawful rights and interests of clients, parties concerned and forensic identification institutions, in accordance with the relevant provisions of the Fee Rates of the Beijing Municipality for Forensic Identification (for Trial Implementation), you are hereby notified of the determination standards and fee rates for complicated forensic identification services with major social impact as follows:
I. Forensic identification services falling under any of the following circumstances may be determined as complicated forensic identification services with major social impact:
(1) The client is a people's court at or above the intermediate level.
(2) The case has attracted public concern and has been covered by the Internet portal websites, and news media at or above the provincial level.
(3) The case has been in dispute for a long time and it has been five years or more from the occurrence of the identification matter to the date of identification entrustment.
(4) This identification is entrusted for a same identification matter for which identification has been conducted for three times or more.
(5) Besides the identifier of this institution, three or more experts in the relevant professional field need to be organized to jointly participate in the case.
(6) The client has special requirements for the identifier, three or more identifiers need to be selected for identification, and three or more experts are needed for review.
(7) According to the provisions of the General Rules on the Procedures for Forensic Identification, the association of forensic science needs to be authorized to organize and coordinate with several forensic identification institutions to conduct identification for the case.
II. The forensic identification institution shall, jointly with the client, clarify the determination circumstances, amount of identification fees and collection methods for the complicated forensic identification services with major social impact in the Entrustment Letter on Forensic Identification, keep the relevant supporting materials, and notify the payers in writing of the relevant circumstances in accordance with the provisions of Article 6 of the Measures of the Beijing Municipality for the Administration of the Fees for Forensic Identification.
III. Where a forensic identification institution accepts a case as a general case, but finds it to be a complicated case with major social impact after it carries out specific identification work, it may, upon negotiation with the client, re-enter into an Entrustment Letter on Forensic Identification or enter into supplementary provisions, and notify the fee payers of the relevant information in writing. Where the fee payer disagrees, the forensic identification institution shall not collect fees according to the fee rates for complicated forensic identification services with major social impact, and may decide whether or not to terminate the identification.
IV. This notice shall come into force on December 1, 2017. The Standards of the Beijing Municipal Bureau of Justice for the Determination of Complicated Forensic Identification Cases with Major Social Impact (No. 417 [2009], Beijing Municipal Bureau of Justice) shall be concurrently repealed.