Chương XIII Bộ luật Tố tụng Hình sự 2003: Khám nghiệm hiện trường, khám nghiệm tử thi, xem xét dấu vết trên thân thể, thực nghiệm điều tra, giám định

Chapter XIII: SCENE EXAMINATION, AUTOPSY, EXAMINATION OF TRACES ON HUMAN BODIES, INVESTIGATION EXPERIMENTS, EXPERTISE

Article 150.- Scene examination

1. Investigators shall examine scenes where offenses have been committed or detected in order to find out traces of offense, exhibits and to clarify circumstances significant to the cases.

2. Scene examination may be conducted prior to the institution of criminal cases. Under all circumstances, before conducting the examination, investigators must notify the procuracies of the same level thereof. Procurators must come to supervise the scene examination. In the course of examination, there must be witnesses; the accused, victims and/or witnesses may be allowed to attend, and specialists may be invited to participate in, the examination.

3. While conducting scene examination, investigators shall take photos, draw plans describing the scenes, take measurements, make mock-ups, collect and examine on spot traces of offense, objects, documents related to the cases; and clearly write the examination results in the scene examination minutes.

Where the collected objects and documents cannot be scrutinized immediately, they must be preserved, kept intact or sealed up and taken to the investigation places.

Article 151.- Autopsy

Autopsy shall be conducted by investigators with the participation of forensic doctors and in the presence of eyewitnesses.

In case of necessity to exhume corpses, decisions of investigating bodies shall be required and the deceased persons’ families must be notified thereof before the exhumation starts. The corpse exhumation must be participated by forensic doctors.

When necessary, experts may be summoned to and there must be witnesses at the exhumation.

Under all circumstances, autopsy must be notified in advance to the procuracies of the same level. Procurators must come to supervise the autopsy.

Article 152.- Examination of traces on human bodies

1. Investigators shall examine the bodies of the persons arrested or taken into custody, the accused, victims and witnesses in order to detect thereon traces of offense or other traces of significance to the cases. In case of necessity, the investigating bodies shall request forensic examination.

2. Examination of the body of a person must be conducted by a person of the same sex and witnessed by a person also of the same sex. In case of necessity, medical doctors may participate in body examination.

It is forbidden to infringe upon the honor, dignity or the health of the examined persons.

Article 153.- Investigation experiments

1. In order to check and verify documents and circumstances of significance to the cases, the investigating bodies shall have the right to conduct investigation experiments by reproducing the scenes, replaying acts, circumstances or all other details of certain facts, and conduct necessary experiments. They may, when deeming it necessary, take measurements, photographs, video and draw plans.

2. Investigation experiments must be conducted in the presence of witnesses. In case of necessity, the persons in custody, the accused, victims and/or witnesses may participate therein.

It is forbidden to infringe upon the honor and dignity or cause harm to the health of persons participating in investigation experiments.

3. In case of necessity, the procuracies may conduct investigation experiments. Investigation experiments shall be conducted in accordance with the provisions of this Article.

Article 154.- Minutes of scene examination, autopsy, examination of traces on human bodies and investigation experiments

Scene examination, autopsy, examination of traces on human bodies and investigation experiments must be recorded in the minutes as prescribed in Article 95 and Article 125 of this Code.

Article 155.- Solicitation of expertise

1. When arise matters which need to be determined under Clause 3 of this Article or when deeming it necessary, the procedure-conducting bodies shall issue decisions to solicit expertise.

2. Decisions to solicit expertise must clearly state the matters required to be examined, full names of experts requested to examine or names of the expertising agencies as well as the rights and obligations of experts as prescribed in Article 60 of this Code.

3. Expertise is compulsory when it is necessary to determine:

a/ Causes of human death, injury nature, degree of harm to the health or working capability;

b/ The psychiatric state of the accused or defendants in cases where there is suspicion about their penal liability capacity;

c/ The psychiatric state of witnesses or victims in cases where there is suspicion about their perception capacity and truthful statements on circumstances of the cases;

d/ The ages of the accused or defendants or victims if such is significant to the cases and there are no documents proving their ages or there is suspicion about the authenticity of such documents;

e/ Noxious substances, narcotics, radioactive substances, counterfeit currencies.

Article 156.- Conducting expertise

1. Expertise may be conducted at the expertising agencies or at the places of investigation of the cases immediately after the issuance of decisions to solicit expertise.

Investigators and procurators shall have the right to participate in the expertise provided that they must notify in advance the experts thereof.

2. In cases where the expertise cannot be conducted within the time limit requested by the expertise-soliciting agencies, the expertising agencies or experts must immediately notify such in writing and clearly state the reasons therefor to the expertise-soliciting agencies.

Article 157.- Contents of expertise conclusions

1. Expertise conclusions must clearly state the time and place of the conducted expertise; full names, educational levels and professional qualifications of experts; participants in the expertise; traces, objects, documents and all other things already examined, applied methods and answers with specific grounds to the raised matters.

2. In order to clarify or supplement expertise conclusions, the expertise-soliciting agencies may put additional questions to the experts about necessary circumstances and may decide on additional expertise or re-expertise.

Article 158.- Rights of the accused and participants in the procedure with regard to expertise conclusions

1. After the expertise completes, the agencies which have solicited the expertise must notify the contents of the expertise conclusions to the accused and other participants in the procedure if the latter so request.

The accused, other participants in the procedure may express their opinions on the expertise conclusions and requests for additional expertise or re-expertise. These opinions and requests shall be recorded in the minutes.

2. Where the investigating bodies or procuracies reject the requests of the accused or other participants in the procedure, they must clearly state the reasons therefor and inform such persons thereof.

Article 159.- Additional expertise or re-expertise

1. Additional expertise shall be conducted in cases where the contents of the expertise remain unclear, incomplete or when arise new matters related to the cases’ circumstances already concluded earlier.

2. Re-expertise shall be conducted where there is suspicion about the expertise results or there are contradictions in the expertise conclusions on the same expertised matter. The re-expertise must be conducted by other experts.

3. Additional expertise or re-expertise shall be conducted according to general procedures prescribed in Articles 155, 156, 157 and 158 of this Code.

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