Announcement of the Standing Committee of Shanghai Municipal People's Congress No. 27
Regulations of Shanghai Municipality on Administration of Forensic Identification were adopted at the 16th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on December 19, 2019, and are hereby promulgated. They shall be effective as of May 1, 2020.
Standing Committee of Shanghai Municipal People’s Congress
December 19, 2019
Regulations of Shanghai Municipality on Administration of Forensic Identification
(Adopted at the 16th Session of the Standing Committee of the 15th Shanghai Municipal
People’s Congress on December 19, 2019)
Chapter I General Provisions
Article 1
With a view to enhancing the administration of forensic identification, regulating the services of forensic identification, and improving the quality and credibility of forensic identification and safeguarding the judicial impartiality, these Regulations are formulated in accordance with the Decision of the Standing Committee of the National People’s Congress on Administration of Forensic Identification and other relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.
Article 2
The forensic identification in these Regulations refers to the process where the identification examiner offers identification, judgment and identification opinions on specialized issues involved in litigation through scientific technology or expertise.
Article 3
These Regulations apply to the forensic identification services of identification institutions and identification examiners, and the supervision and administration thereof within the administrative area of Shanghai Municipality.
Article 4
In accordance with laws and administrative rules, this Municipality implements separate administration over identification institutions and identification examiners of different types and categories.
In respect of identification institutions and identification examiners which provide forensic identification services related to forensic medicine, physical evidence, audio-visual material, environmental damage, or identification institutions and examiners providing forensic identification services prescribed by the department of justice of the State Council in consultation with the Supreme People’s Court or Supreme People’s Procuratorate (hereinafter referred to as forensic institution and forensic examiner), registration administration shall be applied.
In respect of identification institutions and identification examiners which provide forensic identification services otherwise than those prescribed in the preceding paragraph (hereinafter referred to as other identification institutions and other identification examiners), relevant applicable laws and administrative rules shall be applied.
Article 5
For forensic identification, an identification examiner-responsibility system shall be implemented. The service of forensic identification shall adhere to the principles of science, independence, objectiveness and impartiality, and embody the principle of public interest.
The independent identification conducted by identification institutions and identification examiners in accordance with laws is under legal protection. No organization or individual may interfere with the forensic identification.
Identification institutions and identification examiners shall abide by laws and rules, comply with professional ethics, disciplines and management regulations.
Identification institutions and identification examiners shall keep state secrets, business secrets and individual privacy known in forensic identification confidential.
Article 6
The municipal department of justice shall be in charge of registration administration over forensic institutions and forensic examiners, and supervise and administer the service of forensic identification.
The district departments of justice shall be in charge of the routine supervision and administration of forensic institutions, forensic examiners and their corresponding forensic identification services within respective administrative areas.
Such departments as market supervision and administration, finance, housing and urban-rural development, housing administration, health, culture and tourism, taxation, ecology and environment, civil affairs, human resources and social security, development & reform, and financial regulation shall, in accordance with respective functions and responsibilities, carry out work related to administration of forensic identification.
Article 7
This Municipality establishes a coordinating mechanism for forensic identification. The municipal department of justice shall be in charge of the organization and coordination. The municipal and district departments of justice shall enhance communication and coordination with organs of supervision, investigation, procuratorate and judiciary which process cases (hereinafter referred to as case processing organ) and relevant competent departments of industries, promote information exchange and briefing, and regulate and guarantee the forensic identification.
Article 8
This Municipality incorporates forensic identification into the municipal public legal service platform, which provides such services as announcement of forensic institutions and forensic examiners, information release of other identification institutions and other identification examiners, information inquiry, business consultation, and appointment for online service.
Article 9
This Municipality encourages identification institutions and identification examiners to provide public welfare activities.
This Municipality encourages and supports institutions such as colleges, universities, scientific research institutions and medical institutions to establish identification institutions with high qualifications and advanced levels.
Chapter II Forensic Institutions and Forensic Examiners
Article 10
The municipal department of justice shall implement registration administration system for forensic institutions in accordance with the requirements of scientific planning, reasonable distribution, structural optimization and orderly development.
Where the legal person, unincorporated organization or individual schedules to provide forensic identification services prescribed in Paragraph 2, Article 4 of these Regulations, the said entities and persons shall register at the municipal department of justice, and obtain the license for forensic identification or the license for forensic examiner.
Article 11
The legal person or unincorporated organization shall fulfill the following requirements to obtain the license for forensic identification:
1. having their own name, residence, and funds in compliance with applicable regulations;
2. having specific scope of services for forensic identification;
3. having instruments, equipment and site necessary for forensic identification within the scope of services;
4. having testing laboratory necessary in accordance with the state regulations, which shall obtain the qualification certification (including metrology certification) or laboratory accreditation; and
5. having no less than three forensic examiners for each sector of forensic identification.
Where the forensic identification herein involves specific requirements of relevant industries, the forensic institutions shall, in addition to fulfilling the requirements prescribed in the preceding paragraph, comply with the industry regulations.
The municipal department of justice shall, in accordance with the registration information for forensic identification prescribed in the state regulations, formulate corresponding registration regulations and release them to the public.
Article 12
The individual shall fulfill the following requirements to obtain the license for forensic examiner:
1. Being a citizen of the People’s Republic of China, upholding the Constitution, abiding by laws and rules, and adhering to social ethics and standard of good conduct;
2. Fulfilling one of the following qualifications for forensic identification:
(1) having relevant senior professional title;
(2) having relevant qualification for forensic identification, and working experience no less than five years;
(3) having relevant bachelor degree or above, and working experience no less than five years; and
(4) having working experience no less than ten years relevant to the forensic identification applied for and relatively proficient professional skills;
3. The proposed institution to practice in has obtained or is applying for the license for forensic identification; and
4. Being in good health and competent for forensic identification.
Where the forensic identification herein involves specific requirements of relevant industries, the individual shall, in addition to fulfilling the requirements prescribed in the preceding paragraph, comply with the industry regulations.
Article 13
Where the legal person, unincorporated organization or individual applies for the license for forensic identification or the license for forensic examiner, the application and corresponding materials shall be submitted to the district department of justice where the said entity or person resides.
Where the materials are proved to be complete and conforming to statutory form, the district departments of justice shall accept such application and submit the materials to the municipal department of justice within ten working days from the date of acceptance. Where the materials are incomplete or non-conforming to statutory form, the staff member of the district department of justice accepting the application shall instruct the application.
The municipal department of justice shall complete the verification of materials within ten working days from the date of acceptance. Eligible applicants shall be registered and granted the license for forensic identification or the license for forensic examiner within five working days from the date of registration approval. Ineligible applicants shall not be registered. In the case of disapproval, reasons shall be stated in written form.
The municipal department of justice shall launch expert review to evaluate the instruments, equipment, site and testing laboratory of the institution applicant, and test the identification capability of the individual applicant. Where necessary, the municipal department of justice may arrange joint review and test with other competent departments of industries. Time for review and test shall not be included into the time limit for registration verification.
Article 14
The license for forensic identification and the license for forensic examiners shall be valid for five years from the date of issuance. Where the period of validity is to be extended upon expiration, the forensic institution or forensic examiner shall file an application for extension thirty days prior to expiration.
Where any registered information of the license for forensic identification and the license for forensic examiner alters, the forensic institution or forensic examiner shall file an application for alteration promptly.
The requirements and procedures for extension and alteration of the licenses for forensic identification and for forensic examiner shall be implemented in accordance with the provisions of Articles 11, 12 and 13 of these Regulations.
Article 15
Branches of forensic institutions established within the administrative area of this Municipality shall fulfill the requirements prescribed in Article 11 of these Regulations. In order to provide forensic identification services, such branches shall be verified and registered by the municipal department of justice in accordance with the procedures prescribed in Article 13 of these Regulations.
Where the forensic institution establishes branches beyond the administrative area of Shanghai Municipality, such institution shall, within thirty days from the verification and registration at the provincial department of justice where the branches reside, submit the information to the municipal department of justice for filing on record.
Article 16
In any of the following cases, the forensic institution shall go through the formalities for cancelling the registration in accordance with laws:
1. applying for termination of forensic identification service in accordance with laws;
2. voluntarily dissolving or ceasing to serve for no less than one year;
3. failing to fulfill the requirements for registration due to the alteration of registered information;
4. failing to apply for extension of the license for forensic identification upon expiration; or
5. other cases prescribed by laws and rules.
Article 17
In any of the following cases, the forensic examiner shall go through the formalities for cancelling the registration in accordance with laws:
1. applying for termination of forensic identification service in accordance with laws or ceasing to serve for no less than one year;
2. dead or incapacitated;
3. failing to apply for extension of the license for forensic examiner upon expiration;
4. the institution to work at is dissolved or revoked;
5. subject to the criminal penalty for intentional crime or crime of misconduct;
6. dismissed from public office;
7. the qualification for relevant industries is revoked; or
8. other cases prescribed by laws and rules.
Article 18
The municipal department of justice shall compile and update the municipal list of forensic institutions and forensic examiners, and announce the information to the public on the public legal service platform.
Where the information of forensic institutions and forensic examiners alters, the municipal department of justice shall announce such alteration to the public on the public legal service platform promptly.
Article 19
Where laws and rules prescribe requirements on qualification of other certain identification institutions and other identification examiners, the competent departments of industries shall improve the administration of verification.
Other competent departments of industries, such industry association as Shanghai Association of Forensic Science may release the identity information and the corresponding service information of other identification institutions and other identification examiners on the public legal service platform.
Other identification institutions and other identification examiners are encouraged to release the identity information and the corresponding service information on the public legal service platform.
Chapter III Forensic Identification
Article 20
In civil litigation, where either party applies for forensic identification, the forensic institution shall be determined by the parties through consultation and commissioned by the case processing organs to provide identification. Where the consultation fails or the parties do not apply for forensic identification while the case processing organs deem such identification necessary, the case processing organs may determine the specific institution for commission.
For forensic identification services prescribed in Paragraph 2, Article 4 of these Regulations, the case processing organs shall select a forensic institution from the national list of forensic institutions for commission. Where the judicial organs commission any forensic institutions within this Municipality to conduct identification, the organs shall promptly submit relevant information to the municipal forensic identification management platform and incorporate such information into the whole process management. Where other case processing organs commission any forensic institution within this Municipality to conduct forensic identification, the organs shall commission through the municipal forensic identification management platform.
For forensic identification services prescribed in Paragraph 3, Article 4 of these Regulations, the case processing organs may select other identification institutions announced on the public legal service platform as priority selection.
The selection of identification institution shall adhere to the principles of openness, transparency and impartiality. The specific rules for the selection shall be released to the public.
Article 21
Where the case processing organs commission the forensic institution to conduct forensic identification, relevant commission document shall be issued to such institution.
The party concerned shall provide case processing organs with authentic, complete and sufficient identification materials, and shall be responsible for the authenticity and legality of such materials.
Article 22
Upon reception of the materials, the forensic institution shall examine and record the name, type, amount, characteristic, preservation, and time of receipt of such materials, and shall not accept materials which are nor confirmed by the case processing organs.
Where the forensic identification involves any individual, the forensic institution shall identify and record the identity information of the person who is identified and the accompanying person(s).
Article 23
Where the forensic institution accepts the commission of forensic identification, the following issues shall be confirmed in written form with the case processing organs:
1. the basic information of the case processing organs, the parties to the litigation and the forensic institution;
2. the issue, purpose, requirement, time limit and status (re-investigated or not) of the forensic identification;
3. the basic facts of the case involved in the forensic identification;
4. the catalogue and amount of the materials provided by the case processing organs, and the treatment of material consumption;
5. the charge items, standard, charge method, charge amount and form of payment; and
6. other issues to be confirmed.
In the course of forensic identification, the issues prescribed in the preceding paragraph shall be altered through consultation in written form by the parties if needed.
Article 24
In any of the following cases, the forensic institution shall not accept the commission:
1. the issue for forensic identification is beyond its scope of services;
2. the materials are unauthentic, insufficient or obtained illegally;
3. the purpose of forensic identification is illegal or against social ethics;
4. the requirement for forensic identification is non-conforming to the practicing rules of forensic identification or the applicable technical specifications;
5. the requirement for forensic identification exceeds the technical conditions or identification capability of such institution;
6. the case processing organs commission forensic identification on the same issue to another forensic institution simultaneously; or
7. other cases non-conforming to the provisions of laws and rules.
Article 25
In cases prescribed by laws and rules, the forensic examiner shall recuse himself/herself from forensic identification.
The recusal of forensic examiner shall be decided by the forensic institution which the said person practices in. Where the case processing organs disagree with the decision of the forensic institution on recusal of forensic examiner, the organs may revoke the commission. Where the legal representative or person in charge of the forensic institution shall recuse himself/herself from forensic identification in accordance with laws, the forensic institution shall notify the case processing organs of re-selection for institution in written form.
Article 26
Where there are national standards, industry standards and technical specifications for forensic examiners to conduct forensic identification, such standards and specifications shall be applied. In the absence of such standards or specifications, group norms or techniques recognized by most experts in the corresponding field shall be applied.
Article 27
The forensic examiner shall record the real-time identification process and sign on such record. The record may take the form of note, sound recording, video recording or photo, unless such form is prohibited by the State. The record shall specify the main method and procedures of identification, the results of examination, inspection and testing, and the usage of instruments and equipment. The content of record shall be authentic, objective, accurate, complete and clear.
Article 28
The case processing organs and identification institution shall prescribe a time limit for identification in accordance with the characteristic of identification issues. The identification institution shall complete the identification within the prescribed time limit.
Where time limit for identification is not prescribed, the identification institution shall complete the identification within the time limit prescribed by applicable laws, rules and department regulations.
Identification institutions are encouraged to optimize their working process and improve identification efficiency.
Article 29
In any of the following cases, the forensic institution may terminate forensic identification:
1. The cases prescribed in Item 2 to Item 7, Article 24 of these Regulations;
2. The identification material is consumed and can’t be supplied for supplementation by the principal;
3. The forensic identification is unable to proceed due to the non-performance of the case processing organs with respect to the obligation confirmed in written form with the forensic institution, the refusal of the identified individual for cooperation, or any serious interference with the forensic identification;
4. The revocation of commission by the case processing organs, or the refusal of the party concerned of litigation to pay the identification charge;
5. The forensic identification is unable to proceed due to force majeure; or
6. Other cases to terminate forensic identification.
Where the identification is terminated, the forensic institution shall notify the case processing organs, state the reasons in written form, return the materials, and refund the identification charges in accordance with the reasons for termination and responsibilities as appropriate.
Article 30
Upon the completion of forensic identification, the forensic institution and the forensic examiner shall prepare and issue a forensic identification report in accordance with the prescribed document format.
The forensic identification report shall be signed by the forensic examiner who conducts such identification and under the special seal for forensic identification. The forensic identification reviewer, the consultant expert, and the forensic examiners who do not participate in the identification shall not sign on the forensic identification report.
Article 31
In any of the following cases, the forensic institution shall rectify the forensic identification report:
1. The images, spectrograph or table is unclear;
2. The signature, seal or serial number is non-conforming to the document requirements; or
3. The report contains fault(s) or misspelled word(s) with no influence on such identification opinion.
Rectifications shall base on the original version of forensic identification report and be signed by no less than one forensic examiner. The rectified version of report may be issued where necessary.
Rectifications of the forensic identification report shall not alter the original meaning of forensic identification opinion.
Article 32
In any of the following cases, the forensic institution may, at the request of the case processing organs, supplement the original forensic identification:
1. The original issue for forensic identification is omitted;
2. The case processing organs provides new materials for original forensic identification; or
3. Other cases to supplement the original forensic identification.
The supplementary forensic identification is an integral part of the original identification and shall be performed by the original forensic examiner. Where such forensic examiner is unable to supplement identification due to particular reasons such as job leaving, the original forensic institution shall appoint another qualified forensic examiner to perform the supplementary forensic identification.
Article 33
In any of the following cases, the forensic institution may accept the commission of the case processing organs to re-identify the original issue:
1. The original forensic examiner is not qualified to conduct forensic identification;
2. The forensic identification is beyond the scope of services for the original forensic institution;
3. The original forensic identification fails to abide by the recusal rules;
4. The case processing organs deem re-identification necessary; or
5. Other cases prescribed by laws.
Re-identification shall be commissioned to other forensic institutions other than the original one. For particular reasons, the re-identification may be commissioned to the original forensic institution, provided that such institution shall assign other qualified forensic examiners instead of the original forensic examiner.
Article 34
This Municipality establishes a consultation system of expert committee on forensic identification. The expert committee on forensic identification shall be composed of personnel with senior professional titles, scientific ethics and professional integrity, proficient at relevant forensic identification and in good health.
For particularly difficult, complicated or special technical questions and very controversial identification cases, the case processing organs may consult the expert committee on forensic identification for expert opinion.
Article 35
Upon notification of the case processing organs in accordance with laws, the identification examiner shall appear and testify in court. Where the identification examiner refuses to appear in court, unless due to circumstances prescribed by laws, such case shall be decided in accordance with applicable laws.
The identification institution shall support the identification examiner to appear and testify in court and provide necessary assistance for the appearance.
For the identification examiner, the personal security and legitimate rights and interests in the court shall be under legal protection.
Article 36
Charges for forensic identification in this Municipality shall be based on government referential prices or market regulated prices separately in accordance with different identification issues. The specific measures shall be formulated by the municipal department of pricing jointly with the municipal department of justice and released to the public.
Where the legally-aided person has difficulty in paying the forensic identification charge, the forensic institution shall postpone the payment or reduce or waive such charge.
Article 37
Forensic institutions and forensic examiners shall not compete for business through unfair practices such as kickback, referral fee, false advertising, or defamation of other institutions or individual of the same trade.
Forensic institutions and forensic examiners shall conduct forensic identification services within the registered scope of services, and shall not alter, transfer, lease or lend the license for forensic identification or the license for forensic examiner.
Forensic institutions shall conduct forensic identification within the registered site. Without authorization, acceptance of identification, agency for identification or sampling outside the registered site shall be prohibited.
Forensic examiners shall work at a fixed forensic institution and shall not act as the legal representative or person in charge of other forensic institutions, provide technical consultation or provide forensic identification services for fixed salary.
Article 38
Other identification institutions and other identification examiners shall provide forensic identification services in accordance with the national or industry procedures and standards. In the absence of such procedures and standards, applicable provisions of this Chapter shall be applied.
Chapter IV Supervision and Administration
Article 39
The municipal and district departments of justice shall regularly supervise and inspect the following issues of forensic institutions and forensic examiners:
1. the compliance with laws and regulations on the administration of forensic identification;
2. the establishment and implementation of forensic identification administrative system;
3. the implementation of forensic identification procedures, standards and technical specifications;
4. the compliance with professional ethics and disciplines of forensic identification;
5. the information and quality of forensic identification; and
6. other issues prescribed by laws and rules.
Article 40
The municipal department of justice shall regularly assess the performance of forensic institutions and forensic examiners.
Forensic institutions shall submit to the district departments of justice a performance report on the institution and its forensic examiners. The district departments of justice shall verify such report and submit it to the municipal department of justice which shall publicize the performance appraisal. The municipal department of justice may impose a sanction of admonition, or circulate a notice of criticism on institutions failing in the appraisal, and may transfer such case to Shanghai Association of Forensic Science for corresponding penalty.
The municipal department of justice may assess the quality of forensic institutions and test the identification capability of forensic examiners independently or through the third party. Results of the assessment and test shall be released to the public promptly and serve as a basis for the regular performance assessment.
Article 41
The municipal department of justice shall build an information management platform for forensic identification and implement unified coding management for forensic identification cases, and realize the whole-process supervision over the procedures for forensic identification cases, the storage of materials, inspection data and testing data, and the issuance of identification report.
Article 42
The municipal department of justice and the appropriate departments shall, in accordance with the Regulations of Shanghai Municipality on Social Credit, submit the credit information of identification institutions and identification examiners to the municipal public credit information platform, and correspondingly adopt incentive or disciplinary measures in accordance with laws.
Article 43
The administration of forensic identification shall implement an integrated system consisting of administrative regulation and industry self-regulation.
Shanghai Association of Forensic Science shall, under the guidance of the municipal department of justice, implement industry self-regulation in accordance with the articles of association:
1. to coordinate and communicate with appropriate departments and members, and to study and report major issues in forensic identification;
2. to ensure the lawful conduct of members, safeguard the legitimate rights and interests of members, and improve the members’ self-regulation of professional ethics, code of conduct and identification skills;
3. to cooperate with the departments of justice in dealing with complaints about forensic identification; and
4. to adopt rewarding and industry disciplinary measures in accordance with industry norms and disciplinary rules.
The industry norms and disciplinary rules formulated by Shanghai Forensic Science Association shall not contravene the applicable laws and rules.
Forensic institutions and forensic examiners are encouraged to join Shanghai Association of Forensic Science.
Article 44
Where the legal person, unincorporated organization or individual considers the identification institutions and identification examiners violating any laws or regulations in their identification, the said entity or person may complain to the departments of justice or the competent departments of industries. Such departments shall accept the complaint according to law, investigate and deal with it and reply to the complainant within the prescribed time limit and in accordance with the applicable requirements.
Where the legal person, unincorporated organization or individual considers the identification institutions and identification examiners violating any industry self-regulation standards, the said entity or person may complain to Shanghai Association of Forensic Science, or other industry associations. Such associations shall accept the complaint according to their articles of association, deal with it and reply to such complaint within the time limit and in accordance with the applicable requirements.
Article 45
In any of the following cases, the departments of justice or the competent departments of industries shall not accept the complaint of the legal person, unincorporated organization or individual:
1. The complaint has been dealt with by the departments of justice or the relevant competent departments of industries or concluded through administrative reconsideration or administrative litigation, and no new facts or evidences are filed;
2. The said entity or person objects to the decision of the case processing organs to admit the identification opinion;
3. The identification opinion has been admitted as evidence by the organ of judiciary through valid legal documents;
4. The said entity or person only objects to the content of identification opinion;
5. The said entity or person objects to the procedures, standards and technical specifications of forensic identification; or
6. The issue involved is not in violation of the provisions on forensic identification administration.
Article 46
The municipal department of justice shall promptly provide the list of forensic institutions and forensic examiners, and the information on other identification institutions and other identification examiners to the case processing organs. The organs of judiciary shall inform the counterpart department of justice of the appearance of identification examiners in court, the admission of identification opinions and other issues.
For the departments of justice, such information shall serve as an important basis for the regular performance assessment and integrity evaluation of forensic institutions and forensic examiners.
Chapter V Legal Liability
Article 47
Where the legal person or unincorporated organization provides the forensic identification services prescribed in Paragraph 2, Article 4 of these Regulations without legal registration, the municipal department of justice shall order the said entity to cease the illegal services, confiscate the illegal income and impose a fine of one to three times the illegal income. However, such fine shall not exceed a maximum of 30,000 yuan.
Where the individual provides the forensic identification services prescribed in Paragraph 2, Article 4 of these Regulations without legal registration, the municipal and district departments of justice shall order the said person to cease the illegal services, confiscate the illegal income and impose a fine of one to three times the illegal income. However, such fine shall not exceed a maximum of 30,000 yuan.
Article 48
In any of the following cases, the municipal department of justice shall order the forensic institution for rectification, confiscate the illegal income and issue a warning against certain acts:
1. conducting forensic identification beyond the registered scope of services;
2. authorizing or not interfering forensic examiners to perform a forensic identification in violation of the procedures or standards for forensic identification;
3. conducting acceptance of identification, agency for identification or sampling outside the registered site without authorization;
4. violating provisions on the storage of identification materials, management of files and confidentiality of information;
5. altering, transferring, leasing or lending the license for forensic identification;
6. committing unfair practices such as kickback, referral fee, and false advertising; or
7. other cases prescribed by laws, rules and department regulations.
Article 49
In any of the following cases, the municipal department of justice shall order the forensic examiners for rectification, confiscate the illegal income and issue a warning against certain acts:
1. conducting forensic identification beyond the registered scope of services;
2. working at two or more forensic institutions simultaneously;
3. accepting forensic identification without authorization;
4. conducting forensic identification in violation of the procedures or standards for forensic identification;
5. violating the provisions on recusal;
6. altering, transferring, leasing or lending the license for forensic examiner; or
7. other cases prescribed by laws, rules and department regulations.
Article 50
In any of the following cases, the municipal department of justice shall impose a sanction of suspension of forensic identification services not less than three months but not more than one year on forensic institutions or forensic examiners. In serious cases, the registration shall be revoked:
1. causing heavy losses to the legitimate rights and interests of the party concerned due to major irresponsibility;
2. obtaining registration through false documents or other fraudulent practices;
3. accepting advantages in violation of regulations;
4. refusing to appear and testify in court upon notification by the organs of judiciary, unless due to circumstances prescribed by laws; or
5. other cases prescribed by laws and administrative rules.
Where the forensic examiner deliberately conducts false identification which constitutes a crime, criminal liability shall be pursued in accordance with laws. Where the case does not constitute a crime, relevant sanctions shall be imposed in accordance with the preceding paragraph.
In the cases of Article 48 and 49 of these Regulations, where serious consequences are caused, sanctions shall be imposed in accordance with Paragraph 1 of this Article.
Article 51
Where laws and rules prescribe sanctions for forensic identification without a license and other illegal acts of other identification institutions or other identification examiners, such prescriptions shall prevail.
Article 52
Where the forensic examiner causes losses to the party concerned due to wrong acts, the forensic institution where such person works at shall bear the civil liability for compensation in accordance with laws. The forensic institution may, in accordance with laws, recover compensation from the forensic examiner at fault.
Article 53
The state employee who commits any of the following acts shall be sanctioned by the entity where the state employee works at or the organs of supervision. Where the case constitutes a crime, the said person shall be prosecuted for criminal liability in accordance with laws:
1. commissioning forensic identification to a forensic institution in violation of applicable procedures;
2. registering forensic institutions and forensic examiners in violation of statutory conditions and procedures;
3. profiting forensic institutions or forensic examiners illegally through acceptance or solicitation of advantages;
4. failing to perform the duties of investigating, pursuing and supervising illegal acts despite relevant complaints or evidences;
5. interfering with the independent forensic identification of identification institutions and identification examiners; or
6. other cases such as abuse of power, neglect of duty and malpractice for personal gain.
Chapter VI Supplementary Provisions
Article 54
Identification institutions established by the organs of investigation for the purposes of investigation and the identification examiners thereof shall be subject to internal administration, and may not accept the public commission for forensic identification.
Forensic institutions established by the organs of investigation and the forensic examiners thereof shall be incorporated into the list of identification institutions and identification examiners compiled by the municipal department of justice and shall be published.
Article 55
Where the forensic institution conducts identification prescribed in Paragraph 2, Article 4 of these Regulations on issues otherwise than litigation, the applicable provisions of these Regulations shall be referred to.
Article 56
These Regulations shall be effective as of May 1, 2020.
