Traditional Culture Encyclopedia - Traditional virtues - What are the qualification requirements for forensic identification of electronic material evidence?
What are the qualification requirements for forensic identification of electronic material evidence?
Legal analysis: The qualification requirements for forensic identification of electronic material evidence are: in China, the public security, procuratorial and legal departments all have the right to initiate forensic identification independently, and the parties can only apply for supplementary identification or re-identification if they are not satisfied with the conclusion of forensic identification. Considering the tradition of ex officio litigation in China and the reality of the disparity between prosecution and defense, we can reserve the power of organs to independently initiate judicial expertise according to their functions and powers. However, in order to protect the rights of criminal suspects, defendants and victims, we should limit the power to start judicial expertise independently, such as establishing notification system and improving relief procedures. Among them, the most important one is to establish a preparation system, that is, to keep samples for the parties to apply for re-appraisal or supplementary appraisal, and not to use them up or destroy them.
Legal basis: Measures for the Administration of Registration of Judicial Authentication Institutions Article 3 A judicial authentication institution is a practicing institution of judicial authenticators, which shall meet the conditions stipulated in these Measures, obtain a judicial authentication license after examination and registration by the provincial judicial administrative organ, and carry out judicial authentication activities within the registered judicial authentication business scope.
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