Chương XV Bộ luật Tố tụng hình sự 2015: Giám định và định giá tài sản

Chapter XV

EXPERT EXAMINATION AND VALUATION

Article 205. Requisition for expert examination

1. Competent procedural authorities, in an event deemed necessary or defined in Article 206 of this Law, decide to requisition expert examinations.

2. A decision to requisition expert examination shall specify:

a) Names of the authority and competent individual requisitioning expert examination;

b) Full name of organizations and persons requested to conduct expert examination;

c) Name and traits of the subject to be examined;

d) Name of a relevant document or sample enclosed (if available);

dd) Contents of requisitions for expert examination;

e) Date of the expert examination and deadline for findings.

3. An authority, in 24 hours upon issuing a decision to requisition expert examination, must send such decision, documents and examined subjects to the entities conducting the examination. Moreover, such decision shall be sent to The procuracy empowered to exercise prosecution rights and administer investigative activities.

Article 206. Mandatory expert examinations

Expert examinations are mandatory to corroborate:

1. mental conditions of the accused person when doubts of their criminal capacity arise. Mental conditions of witness testifiers or crime victims shall be verified when there are doubts of their awareness and capacity of providing accurate statements on facts of a case;

2. the age of suspects, defendants and crime victims if it is significant to solve the case and there is no document to determine their exact age or the authenticity of such documents is doubtful;

3. causes of death;

4. properties of injuries, degree of harms against health or work capacity;

5. narcotics, military weapons, explosives, inflammables, toxic, radioactive substances, counterfeit money, gold, silver, precious metal, precious stones, antiques;

6. level of environmental pollution.

Article 207. Petition for expert examinations

1. Litigants or their representatives are entitled to petition competent procedural authorities for requisitioning exert examinations of matters regarding their legitimate rights and benefits, except for examinations that determine criminal liabilities of accused persons.

Presiding authorities, in 07 days upon receiving the petition, must consider and decide to requisition expert examinations. Petitioners shall be informed in writing of the rejection of their petitions and reasons. Petitioners shall be entitled, when the deadline passes or they receive the written rejection from competent procedural authorities, to consult expert witnesses by themselves.

2. Petitioners of expert examinations shall have rights and duties as per the Law on judicial expert examination.

Article 208. Time limit for expert examination

1. Time limit for mandatory expert examination is:

a) 03 months at most for events as defined in Section 1, Article 206 of this Law;

b) 01 month at most for events as defined in Section 3 and Section 6, Article 206 of this Law;

c) 09 days at most for events as defined in Section 2, 4 and 5, Article 206 of this Law.

2. Time limit for expert examination for other events shall be subject to the decision to requisition expert examination.

3. If expert examination fails to occur within the time limit as stated in Section 1 and Section 2 of this Article, entities conducting such examinations must inform authorities and persons requesting examinations in writing of such delay and reasons.

4. Time limit for expert examination as stated in this Article applies to expert examinations added or repeated.

Article 209. Process of expert examination

1. The process of expert examination shall occur at premises of authorities conducting examinations or at places of investigation upon the issuance of a decision to requisition examinations.

Investigators, procurators, judges and petitioners for expert examinations can participate in the examinations after informing expert witnesses of their attendance.

2. Expert examinations shall be conducted by individuals or group of persons.

Article 210. Additional expert examinations

1. Additional expert examinations shall be conducted in the following events:

a) Findings from an expert examination are obscure or inadequate;

b) Expert examinations must be carried out on new matters in connection with existing facts of the case, which were verified through previous examinations.

2. Additional expert examinations may be conducted by entities performing previous ones or other entities.

3. The requisition for additional expert examinations shall be processed in the same method of the first examination.

Article 211. Repeated expert examinations

1. Expert examinations shall be repeated when the accuracy of the first examination is in doubt.  A repeated expert examination must be performed by different expert witnesses.

2. The authority requisitioning expert examinations shall decide the repetition of an examination on its own discretion or according to petitions by participants in legal proceedings. If the individual authorized to requisition expert examination rejects the request for examination repetition, the person making such request shall be informed in writing of the rejection and reasons.

3. If the repeated expert examination and the initial one inspect the same matter but produce different findings, the individual authorized to requisition examinations shall make decisions on repeating the examination for the second time.  The second repeated expert examination shall be conducted by the panel of expert examination according to the Law on judicial expert examination.

Article 212. Repetition of expert examination in special circumstances

The head of the Supreme People’s Procuracy or Court president of the Supreme People’s Court, in special circumstances, shall decide the repetition of expert examinations after the panel of expert examination present its findings. A new panel shall repeated an expert examination in special circumstances. Participants in the previous examination shall not attend the repeated one. Findings of the repeated expert examination in this event shall contribute to the settlement of the case.

Article 213. Conclusion of expert examinations

1. The conclusion of an expert examination must specify findings on matters, of which examinations have been requisitioned, and other matters as per the Law on judicial expert examination.

2. Entities performing expert examinations, in 24 hours upon generating findings, shall deliver such results to the authorities or persons requesting examinations.

The authorities or persons requesting expert examinations, in 24 hours upon receiving the said findings, shall forward them to The procuracy that exercise prosecution rights and administer investigative activities.

3. The authorities or persons requesting expert examinations, in order to clarify findings, shall be entitled to ask for expert witnesses' explication of such findings and further details of facts deemed necessary.

Article 214. Rights of suspects, defendants, crime victims and other participants in legal proceedings to findings of expert examinations

1. Competent procedural authorities, in 07 days upon receiving petitions for expert examinations from suspects, defendants, crime victims and other participants in legal proceedings, shall consider and make decisions on requisition for expert examinations.

2. Competent procedural authorities, in 07 days upon obtaining findings of expert examinations, shall inform suspects, defendants, crime victims and other participants in legal proceedings of such findings.

3. Suspects, defendants, crime victims and other participants in legal proceedings shall be entitled to state their opinions on findings of expert examinations or to petition for additional or repeated examinations. Investigation authorities, procuracies and Courts must record the said persons’ direct statements in writing.

4. If investigation authorities, procuracies and Courts reject petitions by suspects, defendants, crime victims or other participants in legal proceedings, petitioners shall be informed in writing of such rejection and reasons.

Article 215. Requisition for valuation

1. Competent procedural authorities, when requiring the valuation of property for the settlement of criminal cases, shall requisition valuation in writing.

2. A written requisition for valuation shall specify:

a) Names of the authority and competent individual requisitioning valuation;

b) Name of the panel that is requested to valuate property;

c) Name and traits of the property to be valuated;

d) Name of relevant documents (if any);

dd) Contents of requisitions for valuation;

e) Date of valuation and deadline for findings.

3. The authorities requesting valuation, in 24 hours upon issuing the written request for valuation, must deliver such request, documents and objects to be valuated to the Panel of valuation. Moreover, the written request for valuation shall be sent to the Procuracy that exercise prosecution rights and administer investigative activities.

4. The requisition for property valuation to settle civil cases in criminal lawsuits shall be governed by the laws on civil procedure.

Article 216. Deadline for valuation

Time limit for process and conclusion of property valuation shall be subject to the written request for valuation.  If property valuation fails to occur within the requested time limit, the Panel of valuation shall promptly inform authorities or persons requesting valuation in writing of such delay and reasons.

Article 217. Process of property valuation

1. The Panel of valuation shall valuate property. The meeting for property valuation shall be carried out at the location of the property appraised or other places aas per decisions of the Panel of valuation.

Investigators, procurators and judges can attend the property valuation meeting after informing the Panel of valuation in advance. The said individuals, when permitted by the Panel of valuation, can provide their opinions.

2. The government shall regulate the details of the establishment and operation of the Panel of valuation; sequence and procedure for valuation of property.

Article 218. Repetition of property valuation

1. If findings of the initial process of valuation are in doubt, competent procedural authorities shall requisition the repetition of the valuation process on their own discretion or according to petitions by accused persons or other participants in legal proceedings. The repeated valuation process shall be conducted by the immediate superior Panel of valuation.

2. If the initial and repeated processes of valuation generate contradictory findings on the value of the property appraised, competent procedural authorities shall requisition in writing the repetition of the valuation process for the second time. The second repeated valuation process shall be conducted by a competent Panel of valuation. Findings of the repeated valuation process in this event shall contribute to the settlement of the case.

Article 219. Valuation of property missing or evanishing

If the property missing or evanishing must be appraised, the process of valuation shall be subject to the documents that compile information and papers on such property.

Article 220. Repetition of property valuation in special circumstances

The head of the Supreme People’s Procuracy or Court president of the Supreme People’s Court, in special circumstances, shall decide the repetition of property valuation after the Panel of valuation provides findings of the second repeated valuation process. A new panel shall perform the valuation process repeated in special circumstances. Participants in the previous valuation process shall not attend the repeated one. Findings of the repeated valuation process in this event shall contribute to the settlement of the case.

Article 221. Conclusion of property valuation

1. The conclusion of a property valuation process must specify findings on the value of the property  according to the request for valuation and other details as per the laws.

2. The Panel of valuation, in 24 hours upon concluding the valuation process, must send its findings to the authorities and persons requesting valuation.

The authorities or persons requesting valuation, in 24 hours upon receiving the said findings, shall forward them to The procuracy that exercise prosecution rights and administer investigative activities.

3. The authorities requesting valuation, in order to clarify findings, shall be entitled to ask the Panel of valuation for explanations of such findings and further details of facts deemed necessary.

Article 222. Rights of suspects, defendants, crime victims and other participants in legal proceedings to findings of property valuation

1. Competent procedural authorities, in 07 days upon receiving petitions for property valuation from suspects, defendants, crime victims and other participants in legal proceedings, shall consider and make written decisions on requisition for property valuation.

2. Competent procedural authorities, in 07 days upon acquiring findings of property valuation, shall inform suspects, defendants, crime victims and other participants in legal proceedings of such findings.

3. Suspects, defendants, crime victims and other participants in legal proceedings shall be entitled to state their opinions on the findings of property valuation and to request the repetition of property valuation. Investigation authorities, procuracies and Courts must record the said persons’ direct statements in writing.

4. If investigation authorities, procuracies and Courts reject petitions by suspects, defendants, crime victims or other participants in legal proceedings, petitioners shall be informed in writing of such rejection and reasons.