醉驾型危险驾驶鉴定意见审查原则及要点

The Review Principles and Keypoints of Drunk Driving Dangerous Driving Appraisal

近年来,随着危险驾驶案件数量的攀升,无罪判决也呈逐年递增趋势。其中,部分无罪判决系由鉴定意见问题引发。实践中,鉴定意见主体不适格、送检不规范、检材来源不合法、出具报告超时、鉴定标准适用错误等,常常成为无罪判决中鉴定意见不被采纳的理由,严重影响该类案件的办理质效。因此,掌握鉴定意见审查原则,从检材来源、采血管和消毒试剂选择、鉴定人和鉴定机构主体资格、鉴定标准及方法等方面做好鉴定意见的“穿透式”审查尤为重要。

In recent years,with the increasing number of dangerous driving cases,the number of acquittals has also increased year by year.Among them,some of the acquittals were caused by the problem of expert opinion.In practice,the main body of the expert opinion is not qualified,the inspection is not standardized,the source of the sample is not legal,the report is overtime,the application of the identification standard is wrong,etc.,often become the reason why the expert opinion is not adopted in the acquittal,which seriously affects the quality and efficiency of the processing of such cases.Therefore,it is particularly important to grasp the principles of review of expert opinions,and do a good job in the“penetrating”review of expert opinions from the aspects of source of samples,selection of blood collection vessels and disinfection reagents,qualification of appraisers and appraisal institutions,appraisal standards and methods,etc.