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2013 Issue 4 (Total No. 0)
Published: 15 July 2013 Previous Issue    Next Issue

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On the Improvement of the Forensic Appraisal System after the Revision #br# of the Criminal Procedure Law#br# —An Analysis Based on the Value and Characteristics of Forensic Appraisal#br# WANG Min-yuan 2013(4): 1-5.  Abstract ( )   PDF (682KB) ( )   The procedure relating to forensic appraisal needs to be further reformed for the purpose of safeguarding criminal justice even after the revision of the Criminal Procedure Law. Based on the fundamental characteristics that forensic appraisal opinions are taken as evidence, in order to protect the rights of the parties and to regulate the power of the governmental organs, the system should be improved from the aspects of procedural rules, evidence rules and judicial management. Related Articles | Metrics

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On the Key Issues Regarding the Expert Assistant System in Criminal Procedure CHANG Lin, LI Su-lin 2013(4): 6-12.  Abstract ( )   PDF (1111KB) ( )   The implementation of the new Criminal Procedure Law indicates that the expert assistant system has been officially established in China’s criminal procedure. The expert assistant system has been carried out in civil procedure for thirteen years, but it has not been used frequently in civil cases. Moreover, the rules and regulations about expert assistants in criminal procedure are too general to apply. In order to provide some opinions for the implementation of the system in criminal procedure, this article tries to discuss some key issues regarding the expert assistant system in criminal procedure, including the essence of the examination of the opinion of forensic experts, the function and selection of expert assistants, and the evidential properties and the management of the opinion presented by expert assistants.  Related Articles | Metrics

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Examination of Evidence by Expert Assistants in Court ZHAO Jie 2013(4): 13-16.  Abstract ( )   PDF (614KB) ( )   There are provisions in the newly amended Criminal Procedure Law and Civil Procedure Law regarding the examination of evidence in court by people having special knowledge. However, there are still some problems to be resolved in the application of this system. The title and position of these people in litigation, their rights and obligations and the legal nature of their examination opinions should be clarified. A system should be set up for the administration of these people’s appearing in court in order to reduce the differences in application of the system and guarantee the function of the system. Related Articles | Metrics

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On the Expert Assistant System and the Improvement thereof WANG Gui-yue, ZHANG Hai-dong 2013(4): 17-22.  Abstract ( )   PDF (964KB) ( )   With the implementation of the amended Criminal Procedure Law in 2012, China has established the expert assistant system. This system can improve the effectiveness of the litigants’ cross-examination and urge the court to review the accuracy of expert opinions. However, there are some defects in the expert assistant system, such as the lack of measures to ensure the neutrality of the expert assistants, and the limited scope of function. In order to give full scope to this system, we should take some measures to improve it, such as making clear the experts’ primary responsibility, setting up database of expert assistants, strengthening the principle of neutrality of appraisal, establishing the principle of conflict of interests. Related Articles | Metrics

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Study on the Primary and Secondary Copper Molten Marks by Laser Raman Micro-spectroscopy DING Min-ju, WANG Ying, ZHANG Cheng-gong, ZHANG Yong-feng, ZENG yi, GU Jing-long 2013(4): 23-27.  Abstract ( )   PDF (578KB) ( )   Objective In order to determine the cause of fire, laser Raman spectroscopy (RMS) is applied to characterize the crystal structure of the carbon during graphitization to explore the technical basis of electrical short circuit. Method The carbonized residues on copper molten marks caused by fire were examined with RMS. With the ratio(R) of two Raman characteristics peaks of carbon marks, the graphitization degrees of carbonization spot on the melten trace surfaces in different short circuits were calculated. Results It was found that the amorphous carbon content is different between electric and fire molten marks. The primary molten mark shows the lowest R value, while the secondary molten mark and fire molten mark shows higher one. Conclusion Based on the result, a method for discriminating molten marks is established, which can provide pivotal evidence for fire investigation. Related Articles | Metrics

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Identification of 3,4-Methylenedioxy-N-methylcathinone ZHENG Shui-qing, WU Zhong-ping, WANG Rong, YE Hai-ying, LIANG Cheng, WANG Wei, NI Chun-fang, GONG Fei-jun, ZHANG Run-sheng 2013(4): 28-31.  Abstract ( )   PDF (565KB) ( )   Objective To establish a method for the identification of 3,4-methylenedioxy-N- methylcathinone （βk-MDMA） by FTIR, GC-MS and LTQ-Orbitrap. Method Samples were analyzed by FTIR, GC-MS and high resolution mass spectrometry. MDMA was used as internal standard. Results FTIR spectrum of βk-MDMA has characteristic absorption peaks at 1 679 （C=O bond）, 1 603, 1 502, 1 453, 1 423, 1 259, 1 121, 1 090, 1 035, 930, 887, 838, 768, 742 and 717 cm-1. The characteristic fragment ions of βk-MDMA （m/z 58.1, 91.0, 120.9, 149.0 and 207.0） were detected by EI-MS and the accurate mass of [M+H]+ was m/z 208.0966 detected by ESI-Orbitrap MS. βk-MDMA is a controlled drug in some EU countries. The emergence of new synthetic cathinones should be paid close attention by our police and drug control departments. Conclusion The method is suitable for the identification of 3,4-methylenedioxy-N-methylcathinone. Related Articles | Metrics

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The Application of Systematic Examination of Questioned Documents YANG Xu, SHI Shao-pei, XU Che 2013(4): 32-35.  Abstract ( )   PDF (1183KB) ( )   This paper introduces several typical questioned document examination cases that were successfully solved by our institute in recent years. Through the analysis of these cases, how to use systematic examination method to find minute forging traces left on the questioned documents and recognize the tricks is described in detail. The systematic examination results provide scientific and convincing evidence to courts, thus contribute to successful close of the cases. The authors wish this article could offer some reference and inspiration to questioned document examiners in the methods of examination when facing certain difficult cases. Related Articles | Metrics

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A Comparative Research on the Stroke Marks of Gel Pen and Ballpoint Pen LI Jiang-chun 2013(4): 36-39.  Abstract ( )   PDF (843KB) ( )   Objective To investigate whether the stroke mark examination method of ballpoint pens could be naturally applied to that of gel pens for the identification of gel pens in questioned document examination. Method 288 valid handwriting samples written by gel pens or ballpoint pens on different papers were collected for the observation, record and analysis of stroke marks features. Results Stroke marks of gel pens mainly present the scratch characteristics in main strokes. But in general, stroke marks of gel pens are less stable and specific than that of ballpoint pens. Conclusion The identification of gel pens by stroke marks should consider the characteristics of gel pens, and need more cautiousness. Related Articles | Metrics

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Detection of Polymorphisms of Base Compositions of Mitochondrial DNA Hypervariable Regions by PCR/ESI-TOF-MS LI Li, LIU Yan, LIN Yuan, ZHAO Zhen-min 2013(4): 40-44.  Abstract ( )   PDF (621KB) ( )   Objective To detect hypervariable regions of D-loop of mitochondrial DNA （mtDNA） by PCR/ESI-TOF-MS method and analyze the polymorphisms of base compositions. Method Base compositions of 12 amplicons in hypervariable region 1 （HVⅠ） derived from primers covering coordinates15924-16428 and base compositions of 12 amplicons in hypervariable region 2 （HVⅡ） derived from primers covering coordinates 31-576 were determined utilizing PLEX-ID. The polymorphisms of mtDNA among Han population in eastern China were investigated and the typing method was applied to a special duo maternity testing case. Results Base compositions of eight segments in HVⅠand ten segments in HVⅡ were found to be polymorphic. After ESI-TOF-MS analysis, it is found that mtDNA markers were important supplements to autosomal STR loci. Based on the different base compositions of HVⅠand HVⅡ, the questioned mother was excluded as the biological mother. Conclusion The mass spectrometry-based method for mitochondrial profiling have promising prospects. It can provide technical support for drawing correct conclusions in some special cases. Related Articles | Metrics

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Anti-test of Criminal Psychological Test and Countermeasures WANG Long, ZHANG Lei, LIU Hong-guang 2013(4): 45-48.  Abstract ( )   PDF (651KB) ( )   Criminal psychological test is used in the process of screening suspects. Because of the deficiency in the test mechanism, anti-tests can interfere with the criminal psychological test in a variety of ways. A better handling of anti-test can be achieved by improving the monitoring and identification technology of anti-tests. The purpose of anti-test is to evade the test. People who show anti-testing behaviors should be further investigated. With the development of new technologies, the EEG （electroencephalograph） testing model has shown some research foundation, and can provide more choices for lie detection approaches. Related Articles | Metrics

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Forensic Expertise of Stillbirth Caused by Placental Hematoma YU Yan-he, LU Shui-fa, PEN Hui, WANG Jun-xian, LEI Li-ting 2013(4): 49-51.  Abstract ( )   PDF (484KB) ( )   Placental hematoma caused by trauma is rare. Nevertheless, when traumatic placental hematoma coexists with pre-existing disease, the respective participation degree of the trauma and disease is crucial in the determination of fetal death and in the assessment of injury degree of gravida. In the routine forensic clinical work, therefore, it’s important and difficult to comprehensively collect the related materials, to demonstrate and ascertain the relation between injury and disease, and to issue an accurate and objective conclusion timely. Based on the structure and function of the placenta tissue, the present article reviews the common cause of placental hematoma, the relation between injury and hematoma position or period and the determination of participation degree between trauma and placental disease. Moreover, this review highlights the possible mechanism of fetal death and aims to provide a reference for the forensic expertise of fetal death caused by placental hematoma. Related Articles | Metrics

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Forensic Analysis of 16 Cases of Sudden Death from Hypokalemic Periodic Paralysis HU Dong-yang, SUN Yi, HUANG Cui, HUANG Lei, LU Si-ya, CHENG Jian-ding, TANG Shuang-bo 2013(4): 52-54.  Abstract ( )   PDF (347KB) ( )   Objective To analyze and summarize the forensic characteristics of sudden death caused by hypokalemic periodic paralysis. Method 16 cases of sudden death caused by hypokalemic periodic paralysis, which were examined in Medicolegal Expertise Center of Sun Yat-sen University from 2004 to 2010, were collected and analyzed. Results The main group was male aged from 20 to 39, with the mean age 35.12±8.54. The average blood potassium concentration was （2.29±0.60） mmol/L. Conclusion Sudden death of hypokalemic periodic paralysis lacks of specific histopathological changes. The death diagnosis needs more index system from clinical laboratory study. Related Articles | Metrics

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Forensic Causality Identification of 5 Cases of Re-fracture after Internal Fixation Removal Operation SHI Xiao-ling, LI Hong-mei 2013(4): 55-57.  Abstract ( )   PDF (408KB) ( )   Objective To analyze the cause of re-fracture after internal fixation removal operation and explore the principles of causality assessment of re-fracture. Method A retrospective analysis was made to study the causes of 5 cases of re-fracture after internal fixation removal operation and their relations to the original injuries. Results Most objects are of middle age or youth in these 5 cases. They all had the internal fixation device removed on proper time, and had no obvious trauma history （1 case had a slight one）. Conclusion Re-fracture may be caused by bone mass decrease due to the presence of internal fixation device, improper time of internal fixation removal, improper functional training or trauma. Attentions should be paid to define each cause and determine their proportion while analyzing the causality. Related Articles | Metrics

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New Method for Developing Latent Blood Prints by Bromocresol Green and Bromocresol Blue Solution WANG Yue 2013(4): 58-60.  Abstract ( )   PDF (1564KB) ( )   Objective To establish a new method for developing latent blood prints. Method A mixed bromocresol green, bromocresol blue and tetrabutyl ammonium iodide ethanol solution was used to develop latent blood prints, and the new method was compared to the classic TMB. Results The new developing solution was very sensitive to the latent prints made by blood diluted to one-thousandth. The developed bloody ridges were clear and coherent, with good contrast. Besides, to the latent blood prints dealt with TMB first, the new agent could further enhance the developing effect. Conclusion The new method for developing latent blood print is sensitive and has good effect. It could be used to develop blood latent prints after TMB. It could improve the detection, extraction and utilization of latent blood prints at crime scenes. Related Articles | Metrics

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Tire Identification in Traffic Accident LI Ｌi-li, ZHANG Pei-feng, ZHANG Zhi-yong, ZHANG Ze-feng 2013(4): 61-606.  Abstract ( )   PDF (2125KB) ( )   Tire identification of vehicles involved in traffic accidents is an important traffic examination technique. Generally, tire identification can be divided into two categories: tire tread examination, and tire damage examination and the relation to the accident. The definitions, investigation procedures and technical methods of tire identification in traffic accidents investigation are discussed, and a comprehensive interpretation of typical cases is given to explain the specific process of tire identification. Related Articles | Metrics

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Identification of Accident Vehicle with Physical Marks ZHANG Hui, ZHU Ming 2013(4): 67-68.  Abstract ( )   PDF (474KB) ( )   With the development of traffic inspection techniques, roles of physical evidence examination have become increasingly important in the scene investigation of major traffic accidents and in the detection of escaping vehicle drivers. As an important branch of physical evidence examination, physical marks examination plays an essential role in identifying the accident vehicle. Traffic accident marks, which include marks left by the vehicle, human body and other objects at high speed, have distinctive features from marks in other cases. Their distribution is wide and the violent motion between the maker and the bearer deforms most marks, which increase the difficulty of examination in traffic accidents. Nevertheless, impressed marks made by the specific structure of a vehicle and marks in dust on clothes made by vehicle tires, motorcycles, car baskets and etc. may reflect the external structure of the maker, and lead to the inspection and identification of the responsible vehicle. Related Articles | Metrics

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Research on the Expert Assistance System in Intellectual Property Cases XU Kang-li 2013(4): 69-77.  Abstract ( )   PDF (1370KB) ( )   Expert assistance in intellectual property cases has become a systematic practice in litigations. As there are some problems in the practice and legislation, we put forward some proposals about establishing the expert assistance system in intellectual property cases through analyzing the status of practice and legislation in China, as well as the expert assistance system in intellectual property cases in foreign countries. We also put forward some suggestions for the application of the expert assistance system in intellectual property cases, including the assistance of providing advice, appearing in court and acting as juror, so as to resolve intellectual property cases fairly and scientifically. Related Articles | Metrics

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Study on the Hearing System in Judicial Appraisal WANG Jian-qiang, CHEN Guang-yao 2013(4): 78-82.  Abstract ( )   PDF (764KB) ( )   The hearing system has been relatively well built up in the legislation and administrative work. In recent years, we have tried to use the hearing system to solve some problems in judicial appraisal practice, such as in intellectual property, medical malpractice, forensic accounting, and forensic psychiatric identification cases. Besides, the academia has paid attention and carried out research on this issue. The research mainly relates to the value and scope of the system, the initiation and determination of the participants， the presiding person of the hearing, and the design of the procedural rules. There are still a lot of controversies and problems at present. The article intends to research the hearing system regarding judicial appraisal. With this intention, it first discusses the legal basis and the value of the hearing system regarding judicial appraisal, and then puts forward solutions to the responsibility for the authenticity of the supplementary materials, the initiation, time selection, and determination of hearing participants. Related Articles | Metrics