Expanding socialisation and improving quality of judicial expertise

Expanding socialised sectors and enhancing transparency

One notable new point of the amended Law on Judicial Expertise is the expansion of the operational scope of judicial expertise offices. Accordingly, these offices are permitted to be established and registered to operate in more fields than before.

The expanded areas include criminalistics — covering document, digital and electronic techniques, and fingerprint analysis (except in special cases); forensics — including DNA (except in special cases); and culture — including antiques, artifacts, and copyright; as well as finance, banking, natural resources, and construction.

The law also clearly stipulates special cases in which judicial expertise offices are not allowed to conduct judicial expertise. Specifically, they are not allowed to conduct DNA, document, digital and electronic, nor fingerprint expertise in criminal proceedings, unless the person commissioning the forensic examination commissioned in exceptional circumstances.

Alongside the expansion of operational scope, the law strengthens transparency and responsibility by supplementing and revising prohibited acts (Article 9).

Acts such as refusing to accept or carry out judicial expertise without justifiable reasons; accepting money, assets, or other benefits to falsify the request for or conclusion of judicial expertise; deliberately prolonging the expertise time, process, or the issuance of conclusions of judicial expertise; and disclosing information during the expertise process that affects legal proceedings are strictly prohibited. These provisions aim to prevent abuse of judicial expertise and ensure objectivity and fairness in the process of handling cases.

The amended law also reorganises the system of public judicial expertise organisations in a clearer and more specialised manner (Article 17). Specifically, forensic medicine includes public judicial expertise institutions under the Ministry of Health, the Ministry of National Defence, the Ministry of Public Security, and provincial and municipal Departments of Health. Forensic psychiatry is under the Ministry of Health. Criminalistics includes public judicial expertise organisations under the Ministry of Public Security, the Ministry of National Defence, the Supreme People’s Procuracy, and provincial and municipal police.

Notably, public judicial expertise organisations under the Supreme People’s Procuracy will conduct expertise in audio, digital, and electronic fields, while public judicial expertise organisations under provincial and municipal police will carry out expertise in forensic examination of corpses and injuries.

Shorter timeframes and reformed judicial expertise process

Another important change is the shortening of judicial expertise time limits.

Article 30 of the amended Law on Judicial Expertise stipulates that the maximum duration for judicial expertise is two months instead of three months as before.

For complex cases or those involving large workloads, the maximum time limit is three months (previously four months). The law also introduces a new provision that, for particularly complex cases, the maximum duration may extend to four months.

Notably, the law requires the entire expertise process to be documented in writing or in electronic data form. Recorded information must include objects, documents, samples, time, location, content, progress, methods, results, and the signature of the person conducting the expertise.

In addition, the law stipulates the cases in which judicial expertise may be suspended or refused.

Regarding regulations and policies for judicial expertise activities, the law supplements the regulations and policies to attract and retain high-quality forensic experts such as special allowances for those working in hazardous, toxic, or unattractive fields funded by the state budget. Public judicial expertise organisations are also allowed to apply flexible contracting mechanisms to recruit capable experts from outside the state-owned sector.

Overall, with a range of new provisions, the amended Law on Judicial Expertise not only addresses previous shortcomings but also importantly lays the foundation for improving the effectiveness of judicial expertise, contributing to ensuring objectivity and transparency in legal proceedings, and meeting practical requirements in the new period.