The activity of identifying and judging the material evidence materials related to the case with the principles and technical methods of natural science in litigation
The identification of material evidence refers to the activity of identifying and judging the material evidence materials related to the case with the principles and technical methods of natural science in litigation.The conclusion is the evidence of the case.Including identification of all materials and traces involved in criminal and civil cases and civil disputes.There are many kinds of materials and traces.Identification can be classified according to the identified species, such as fiber identification, drug identification, etc;It can also be classified according to its subject, such as forensic chemical identification, forensic physical identification, etc;Confirm the type, source and whether it comes from benzene object through identification;The reasons and conditions for the formation of traces, the object by which they are formed, and whether they are formed by a specific object.The methods used are: (1) attribute identification.Qualitative and quantitative analysis of the structural components of the object and the properties of the substance are carried out by various physical and chemical methods to determine the species of the substance.(2) Same identification.Through the examination of the reflective body of the object characteristics, it is determined whether the object is the same.(3) Simulation experiment.In order to determine the state of occurrence, existence and termination of a certain fact or phenomenon, the event shall be repeated with reference to the original conditions.The expert conclusion can prove the truth of the facts.The appraisal must be carried out in accordance with legal procedures by entrusting the national appraisal authority or employing other persons with specialized knowledge and skills.[1]
It must be a person with expertise to undertake the appraisal work;
Appraisers must have no interest in the case and must be recognized by the societyAuthorityorAuthoritative personIssue formal authentication certificate.This guaranteeexpert conclusionIs objective, fair, correct and authoritative, so as tocourtandpartyAccept.
In the investigation work, the object and content of physical evidence identification are various documents, traces and items related to the case that need to be identified.Trace identificationIt includes the image traces of the same identification, such as fingerprints, footprints and tool traces;Object disconnection trace;It also includes various types that can only be identifiedCorpuscular evidence, such ashair, fiberGlass fragments, metal chips, soil, etc.The documents in the identification of physical evidence are not documents as documentary evidence, but documents as physical evidence.They are often used as criminal means to prove whether they are committed by criminals and their role in the criminal process through identification.
Classification of criminal investigation
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Forensic identification: the objects of identification are living bodies, corpses, bones and various secretions and excreta of human bodies.Forensic identification can solve the problems of death cause, operation nature, lethal weapon, sexual function, parent-child and blood type.
Forensic psychiatric expertise: the main target is the defendant in the case, sometimes it may also be a witness or plaintiff.It is of great significance to determine the nature of the case and sentencing to judge whether there is psychosis through identification.
Forensic accounting appraisal: the appraisal object is the financial accounts of the relevant personnel. The management personnel should be responsible for whether there is a shortage of losses.It is often used in corruption cases and economic fraud.
Technical identification of material evidence: a kind of identification conducted by using the professional knowledge of material evidence technology, which is of great significance in finding clues to reveal the criminal process and criminal facts.
As the identification result of physical evidence is of great importance, in addition to the high requirements for the technical level and professional ethics of the identification personnel, there are clear provisions and strict requirements for the identification samples submitted for review, the technical methods, means and work procedures adopted in the identification.
