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刑事人身检查(以下简称人身检查)作为一种侦查措施,在国内外侦查实践中广泛运用,且在生物痕迹比对、人身同一性认定方面发挥了重要作用。从实施范围看,人身检查既包括对被检查人身体外表特征与身体内部的检查,也包括对被检查人身体样本的采集;从基本属性看,人身检查则兼具任意侦查与强制侦查的双重属性;从与其它相关刑事诉讼措施的关系看,刑事人身检查则既有别于人身搜查,又区别于刑事勘验或鉴定,具有鲜明的独立性。
As a detection measure, criminal personal examination (hereinafter referred to as personal examination) is widely used in domestic and foreign investigation practices and plays an important role in the comparison of biological marks and personal identity. From the perspective of implementation, the personal examination includes both the physical appearance of the examinee and the internal examination of the body, as well as the collection of the body samples of the examined person. From the basic attributes, the personal examination combines the dual functions of arbitrary investigation and mandatory investigation From the perspective of the relationship with other relevant criminal procedure measures, the criminal personal inspection is distinct from personal search and from criminal investigation or appraisal.