Whether it is a civil case or a criminal case, evidence is very important. Decisive key evidence is very helpful to the case. Be careful when collecting evidence.
I. Provisions on New Evidence in Criminal Cases
Article 49 The burden of proof that the defendant is guilty in a public prosecution case shall be borne by the people's procuratorate, and the burden of proof that the defendant is guilty in a private prosecution case shall be borne by the private prosecutor.
Article 50 Judges, prosecutors and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of crimes. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt. It is necessary to ensure that all citizens who are related to or know the case have the conditions to provide evidence objectively and fully, and they can be hired to assist in the investigation except in special circumstances.
Article 51 When a public security organ approves an arrest, a people's procuratorate brings a suit and a people's court makes a judgment, it must be faithful to the facts. Anyone who intentionally conceals the truth shall be investigated for responsibility.
Article 52 People's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant units and individuals. The relevant units and individuals shall truthfully provide evidence.
Evidence materials such as physical evidence, documentary evidence, audio-visual materials and electronic data collected by administrative organs in the process of administrative law enforcement and case investigation can be used as evidence in criminal proceedings.
Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential.
Whoever forges, conceals or destroys evidence, and whoever the evidence belongs to, will be investigated by law.
Article 53 In sentencing all cases, emphasis should be placed on evidence, investigation and study, and confessions should not be trusted. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is true and sufficient, the defendant may be found guilty and punished.
If the evidence is true and sufficient, the following conditions shall be met:
(1) There is evidence to prove the fact of conviction and sentencing;
(2) The evidence on which the final decision is based has been verified through legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.
Article 54 confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture, witness testimony and victim statements collected by illegal methods such as violence and threats shall be excluded. If the collection of material evidence and documentary evidence does not conform to legal procedures and may seriously affect judicial justice, it shall be corrected or a reasonable explanation shall be made; If it cannot be corrected or a reasonable explanation cannot be given, the evidence shall be excluded.
Evidence that should be excluded during investigation, examination, prosecution and trial shall be excluded according to law and shall not be used as the basis for prosecution opinions, prosecution decisions and judgments.
Article 55 If a people's procuratorate receives a report, charges, reports or finds that investigators have collected evidence by illegal means, it shall investigate and verify it. If the evidence collected by illegal means is true, it shall put forward rectification opinions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 56 In the course of court hearing, if a judge thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 54 of this Law, he shall conduct a court investigation on the legality of collecting evidence.
The parties, their defenders and agents ad litem have the right to apply to the people's court to exclude evidence collected by illegal means according to law. When applying for the exclusion of illegally collected evidence, relevant clues or materials shall be provided.
Article 57 The people's procuratorate shall prove the legality of evidence collection in the process of court investigation.
If the existing evidence materials cannot prove the legality of evidence collection, the people's procuratorate may request the people's court to notify the relevant investigators or other personnel to appear in court to explain the situation; The people's court may notify the relevant investigators or other personnel to appear in court to explain the situation. Relevant investigators or other personnel may also request to appear in court to explain the situation. Upon notification by the people's court, the relevant personnel shall appear in court.
Article 58 If the evidence collected by illegal means as stipulated in Article 54 of this Law is confirmed or cannot be ruled out after hearing, the relevant evidence shall be ruled out.
Article 59 The testimony of a witness must be cross-examined and verified by the public prosecutor, the victim, the defendant and the defender in court before it can be used as the basis for finalizing the case. If the court finds that a witness intentionally perjures or conceals criminal evidence, it shall deal with it according to law.
Article 60 Anyone who knows the circumstances of a case has the obligation to testify.
A person who is physically and mentally defective or young, can't distinguish right from wrong and can't express correctly, can't be a witness.
Article 61 People's courts, people's procuratorates and public security organs shall ensure the safety of witnesses and their near relatives.
Threatening, insulting, beating or retaliating against witnesses and their close relatives, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, it shall be given administrative punishment for public security according to law.
Sixty-second cases of crimes endangering national security, terrorist activities, organized crimes of underworld nature, drug crimes, etc. The people's court, people's procuratorate and public security organ shall take one or more of the following protective measures if the personal safety of witnesses, expert witnesses, victims or their close relatives is threatened because they testify in litigation:
(1) Not disclosing personal information such as real name, address and work unit;
(2) Taking measures such as not revealing appearance and true voice to testify in court;
(3) Prohibiting specific personnel from contacting witnesses, expert witnesses, victims and their close relatives;
(four) to take special protective measures for individuals and houses;
(5) Other necessary protective measures.
Witnesses, expert witnesses and victims who think that they or their close relatives are threatened by their personal safety because of testifying in court may request protection from the people's courts, people's procuratorates and public security organs.
People's courts, people's procuratorates and public security organs shall take protective measures according to law, and relevant units and individuals shall cooperate.
Sixty-third witnesses shall be subsidized for transportation, accommodation, meals and other expenses incurred in fulfilling their obligation to testify. The subsidy for witness testimony is included in the operating funds of judicial organs and guaranteed by the government finance at the same level.
If a witness from the work unit testifies, the work unit shall not deduct his salary, bonus and other welfare benefits in disguise.
Second, some provisions of the rules of evidence
The Supreme People's Court's regulations on civil litigation evidence are formulated in accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Procedure Law) and other relevant laws, combined with civil trial experience and actual situation, in order to ensure that the people's courts correctly identify the facts of the case, hear civil cases in a timely manner, and ensure and facilitate the parties to exercise their litigation rights according to law. It was adopted at the 120 1 meeting of the Supreme People's Court Judicial Committee on February 6, 2006, and was promulgated in the Supreme People's Court on February 6, 2006, and shall come into force on April 6, 2002.
Third, the standard of proof in criminal proceedings.
In China's criminal proceedings, the proof standard for finding the defendant guilty is that the facts of the case are clear and the evidence is true and sufficient. Specifically, meet the following requirements:
(a) the evidence related to the final decision;
(2) The evidence that has been finalized is admissible;
(three) the facts that belong to the constitutive elements of a crime are proved by corresponding evidence;
(4) All the evidence is generally enough to make a definite conclusion on the facts of the case to be proved, excluding all other possibilities.
The above is the relevant content of the latest criminal case and new evidence for you. To sum up, the provisions on new evidence in criminal cases are all expressed in the criminal code, and the collection process of evidence must be legal. If it is illegal, the court may not adopt it. If you have any other legal questions, please consult our lawyer.
Legal objectivity:
Article 42 of the Criminal Procedure Law stipulates that the evidence collected by the defender that the suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, shall promptly inform the public security organ and the people's procuratorate. Article 43 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.