[Direct answer]They have the right to do so. Article 197 of the Criminal Procedure Law of the People's Republic of China stipulates that during the court trial, the parties and their defenders and litigation agents have the right to apply for a re-appraisal; if they have objections to the appraisal opinion, they may raise them and apply for the appraiser to appear in court. The appraisal opinion is one of the statutory types of evidence and must undergo court cross-examination before it can be used as the basis for the case determination. The defendant and his defenders may raise objections from the perspectives of the appraisal institution and the appraiser's qualifications, the appraisal procedure, the source and custody of the evidence, and the appraisal method and basis, and may apply for a re-appraisal or supplementary appraisal if necessary. Whether to grant the application shall be decided by the court in accordance with the law.

1. Problem background and typical scenarios

In criminal cases, the severity of injuries, the value of property, the content of drugs, the mental state, and the authenticity of handwriting often depend on appraisal opinions, and the appraisal conclusions have a significant impact on sentencing. Defendants often worry about possible errors in the appraisal but don't know whether they can raise objections or how to do so. In fact, appraisal opinions are not inherently correct, and cross-examination and re-appraisal are rights granted by law.

II. Key points of contention

First, the scope of cross-examination of the appraisal opinion. Second, the conditions and procedures for applying for a re-appraisal. Third, the necessity of the appraiser's appearance in court. Fourth, the handling of the appraisal opinion with defects. Fifth, the burden of proof for the defendant's objections to the appraisal opinion.

III. Professional analysis by Henglue Lawyers

Henglue Lawyer explained this from four perspectives. Firstly, the content of the cross-examination: the legality, authenticity, and scientificity of the appraisal opinion must be reviewed, including whether the appraisal institution has the qualifications, whether the appraiser has the qualifications, whether the entrustment process is legal, whether the extraction and storage of the evidence are standardized, whether the appraisal method meets the standards, and whether the conclusion is clear. Secondly, applying for a re-appraisal: the parties, defenders, and litigation agents have the right to apply for a re-appraisal; if there are objections to the appraisal opinion or if the court deems it necessary, a re-appraisal or supplementary appraisal shall be conducted. When applying, specific reasons should be stated, such as illegal appraisal procedures, insufficient basis, or conclusions that do not conform to the facts. Thirdly, the appraiser's appearance in court: upon the court's notice, the appraiser shall appear in court to testify; if the appraiser refuses to appear upon notice, the appraisal opinion shall not be used as the basis for the judgment (specific application shall follow current regulations), which provides an important opportunity for cross-examination. Fourthly, dealing with defects: if the appraisal opinion has formal defects or insufficient arguments, it can be requested to be corrected or explained; if it cannot be corrected and affects the judgment, it should be claimed to be excluded. Fifthly, practical strategies: defenders should review the appraisal documents carefully before the trial, and if necessary, request to retrieve the original evidence and testing data. Combined with expert opinions, they should raise questions to avoid making hasty responses in court.

IV. Practical suggestions and legal basis

Action suggestions: First, carefully review the full text and attachments of the appraisal opinion before the trial and mark the suspicious parts; Second, promptly raise objections to the court and apply for the appraiser to appear in court, conduct a re-appraisal or supplementary appraisal; Third, apply to retrieve the inspection materials, original data and records of the appraisal process; Fourth, when necessary, hire someone with specialized knowledge to provide opinions to assist in cross-examination. For cases involving criminal defense and appraisal cross-examination, you can refer to the relevant provisions in the "Provisions on the Appraisal of Evidence in Criminal Cases".Criminal defense and criminal case filingFor cases involving medical malpractice and personal injury appraisals, you may refer to the following materials for reference:Personal injury and medical disputesLegal basis: Articles 197 and 196 of the Criminal Procedure Law of the People's Republic of China (currently in force), the relevant provisions of the Interpretation of the Criminal Procedure Law by the Supreme People's Court on the review of appraisal opinions, and the relevant management regulations on forensic appraisal. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the appraisal opinion is not a final conclusion, and the right to cross-examination should be actively exercised. Secondly, there must be specific reasons for applying for a re-appraisal, and general doubts are unlikely to be approved. Thirdly, it is an important opportunity for cross-examination for the appraiser to appear in court, and this opportunity should be fully utilized. Fourthly, it is advisable to enlist the help of expert assistants on professional issues to enhance the effectiveness of cross-examination. For the cross-examination of criminal appraisal opinions, it can be carried out through the following methods:Criminal defense and criminal case filingThe service provides a comprehensive solution, which can be combined with medical treatment and injury assessment.Personal injury and medical disputesFor plate-related issues involving administrative appraisal disputes, you can refer to the following for reference.Land expropriation and demolition, and administrative litigationFor any questions regarding difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can the defendant raise objections to the appraisal opinion?

Yes. The appraisal opinion must be subject to cross-examination in court. The defendant and his defense attorney have the right to raise objections and may apply for the appraiser to appear in court, request a re-appraisal or a supplementary appraisal. The court shall decide whether to grant the application in accordance with the law.

Q2: Under what circumstances can one apply for a re-appraisal?

For example, if the appraisal institution or appraiser lacks qualifications, the procedures are illegal, the source of the inspection materials is unclear or contaminated, the appraisal methods do not meet the standards, or the conclusions are obviously based on insufficient evidence, etc., they can apply for a re-appraisal and need to explain the specific reasons.

Q3: What will happen if the appraiser does not appear in court?

Upon the court's notice, the appraiser shall appear in court. If the appraiser refuses to appear in court without a valid reason, the appraisal opinion may not be used as the basis for making a judgment. The specific handling shall be in accordance with the current regulations, and the defense party may raise an objection to exclude the appraisal opinion on this basis.

Q4: Is it useful to have an expert assistant?

Yes. The defense can apply for an expert to appear in court to provide opinions on the appraisal opinion, which helps the court understand professional issues and enhance the pertinence and persuasiveness of the cross-examination. This is a common defense strategy.

Q5: How should I prepare for the cross-examination?

Before the trial, thoroughly review the appraisal documents and attachments, sort out the doubts about qualifications, procedures, inspection materials and methods, and form written cross-examination opinions; apply for the appraiser to appear in court and conduct a re-appraisal in a timely manner. It is recommended to entrust a professional criminal lawyer to handle this matter.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.