Guidance on Receiving Ad hoc Judicial Expertise Requisition

04:08, 10/07/2024

This is a noteworthy content of Circular 138/2013/TT-BTC providing guidance on certain contents of the Law on Judicial Expertise and Decree 85/2013/ND-CP detailing and providing measures for the implementation of the Law on Judicial Expertise.

Forensic Examination Office, ad hoc Judicial Expertise Organizations in the field of finance shall receive requests for forensic examination in accordance with the guidelines in Article 9 of Circular 138/2013/TT-BTC, specifically as follows:

ad hoc Judicial Expertise Organizations receiving requests for forensic examination, Circular 138/2013/TT-BTC

Illustration (source: internet)

- The request for forensic examination from prosecution agencies or individuals carrying out proceedings (hereinafter referred to as the requester) to the Forensic Examination Office or ad hoc Judicial Expertise Organizations shall be made in writing in accordance with the provisions of Article 25 of the Law on Forensic Examination.- Upon receiving the written request from the requester, the Forensic Examination Office or ad hoc Judicial Expertise Organizations shall be responsible for receiving and organizing the examination based on the requested content, except for cases of refusal as stipulated in point b, Clause 1, Article 24, or Clause 2, Article 34 of the Law on Forensic Examination.- In the event of a refusal to conduct the examination, the Forensic Examination Office or ad hoc Judicial Expertise Organizations must send a written notice to the requester within the time frame stipulated in point d, Clause 2, Article 24 of the Law on Forensic Examination and clearly state the reason for refusal.

Refer to additional related regulations at Circular 138/2013/TT-BTC effective from December 1, 2013.

Thu Ba

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