The scene is the main place to collect evidence, and it is the activity of case handlers to obtain various evidence materials related to the facts of the case through exploration and investigation according to law. Collecting sufficient and reliable evidence is the premise for judicial organs to analyze and study cases and the basis for correctly identifying and handling cases. Collecting evidence is the basic skill of criminal investigators, and it is also the concrete embodiment of the ability to handle cases and the level of professional quality. Case handlers should firmly establish evidence awareness and always take collecting, verifying and perfecting evidence as the central link in handling cases.
First, firmly establish a correct sense of evidence is the basis for handling cases according to law.
Evidence is the basis of finding out the facts of a case, a specific problem that case handlers often encounter, and the key to the success or failure of criminal proceedings. Therefore, we must firmly establish a correct sense of evidence.
Evidence, as its name implies, is the basis of proof. When a party infers an unknown fact from a known fact, the unknown fact is the object of proof and the known fact is evidence. Legal evidence is not exactly the same as evidence in people's daily life. It is the material for judicial personnel to find out and prove the facts of a case, which is adjusted by legal norms. The Criminal Procedure Law stipulates: "All facts that prove the true situation of a case are evidence." "Judges, prosecutors and investigators must collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of the crime in accordance with legal procedures." It can be seen that criminal evidence is all objective facts collected and examined by judicial personnel according to law to identify or deny criminal facts and prove the guilt or innocence of criminal suspects and defendants and the severity of their guilt. Evidence has three basic attributes: objectivity, relevance and legitimacy. Objectivity and relevance of evidence are the content and essential attributes of evidence. Legitimacy is the form of evidence and the guarantee of objectivity and relevance.
Evidence always exists in some form. The Criminal Procedure Law stipulates: "There are seven kinds of evidence: (1) physical evidence and documentary evidence; (2) Testimony of witnesses; (3) the victim's statement; (4) confessions and excuses of criminal suspects and defendants; (5) Evaluation conclusion; (6) Records of the inquest and inspection; (7) Audio-visual materials. " Physical evidence is all items and traces that can prove the facts of a case. It is based on the external characteristics, existence conditions and material attributes of objects or traces to prove the case, which has strong stability and authenticity. Documentary evidence is a written material to prove a case with words, symbols, graphics and other concepts and recorded contents. Witness testimony is a statement made by a witness about the facts of a case he has heard and witnessed. Its form is generally oral statement, which can also be written by the witness himself or by the case-handling personnel. Victim's statement is a statement made by the victim about the fact that he was infringed by a criminal act and what he knew about the criminal suspect. The confessions and excuses of criminal suspects and defendants are the explanations and confessions made by criminal suspects and defendants on the facts of the case. Appraisal conclusion is a written conclusion made by the investigation organ after appointing or hiring personnel with special knowledge to appraise the special problems that need to be solved in the case. The record of inquest and inspection is the record made by the investigators after the inquest of the crime scene, person and corpse, including drawings and photos, etc. Audio-visual materials are materials that prove the facts of a case with information stored in audio, video, photos, computers or other high-tech equipment. Only by correctly understanding the legal form of evidence can we correctly collect and review evidence and improve the efficiency of handling cases.
When handling a case, we often encounter such a problem, to what extent can the evidence be obtained to meet the requirements of the lawsuit. "Criminal Procedure Law" stipulates: "The public security organs should make the criminal facts clear and the evidence reliable and sufficient when investigating the closed case." The facts of the case clearly require proof of the degree of identification of the object, that is, the facts and circumstances related to conviction and sentencing, including whether the criminal act was committed by the criminal suspect, the time, place, means, consequences, purpose and motivation of the crime, as well as the criminal suspect's own situation and performance after the crime. The truth and sufficiency of the evidence is the requirement of the sufficiency of the evidence. It includes two requirements: the evidence is true and sufficient. The so-called true evidence means that every piece of evidence on which a case is finalized is objective and relevant after investigation, which can prove the true situation of the case, which is the requirement of evidence quality. Sufficient evidence means that the evidence of the whole case has sufficient probative power to the facts of the case, which is enough to prove the true situation of the case. It requires that the evidence of the whole case can form a complete evidence system that is interrelated and mutually confirmed, which constitutes a sufficient basis and reason for determining the facts of the case. Sufficient evidence is the requirement of evidence quantity. Evidence and sufficient evidence are interdependent and inseparable organic whole. In practice, to see whether the evidence is sufficient and true, the standards are as follows: First, verify every evidence in the final case; Second, the evidence is related to the facts of the case and can play a role in proving the case; Third, the facts of the case are confirmed by corresponding evidence; Fourth, there is no contradiction between the evidence and the facts of the case; Fifth, the evidence of the whole case forms a complete evidence system, and the conclusion is unique and exclusive.
Second, practicing the basic skills of obtaining evidence is the guarantee for the success of criminal cases.
Collecting evidence, including finding evidence and extracting evidence, is the core content of investigation. Finding evidence is to use some methods and means to find or display evidence materials related to the case. Extracting evidence is to use some methods and means to obtain or admit the evidence materials that have been discovered. Finding evidence is the premise of extracting evidence, and extracting evidence is the purpose of finding evidence. Looking for evidence is always to extract evidence.
Collecting evidence is a very legal and practical work. In order to make the collected evidence legal and effective, we must adhere to the requirements of norms when collecting evidence. First, the procedure is legal. It is strictly forbidden for investigators to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods. The evidence obtained by illegal methods cannot be used as the basis for finalizing the case. The second is objective and comprehensive. Authenticity is the core of evidence, which requires opposing subjectivity and one-sidedness in the collection of evidence. From the objective reality, we can neither replace objective facts with subjective guesses, nor collect evidence according to subjective needs, let alone forge evidence. The third is to rely on the masses. The criminal suspect is around the masses, and the trace material evidence left by criminal acts is around the masses. Only by going deep into the masses and relying on the masses to provide clues and information can investigators achieve the expected goal. The fourth is fast and timely. Collecting evidence in time can not only improve the efficiency of collecting evidence, but also improve the reliability of collecting evidence Fifth, pay attention to the use of modern scientific and technological means. With the rapid development of science and technology and the improvement of the scientific and technological level of the whole society, criminal means are constantly changing, and it has become a very prominent problem to use high-tech means to commit intelligent crimes. We must adapt to the needs of the new situation, pay special attention to making full use of modern science and technology and means when collecting evidence, and ensure accurate and timely exposure, confirmation and punishment of crimes.
Evidence is a record or reflection of past events in the human brain or material carrier, which is often concealed. Some criminal suspects conceal the facts of the case and conceal evidence, further enhancing the concealment of evidence. In addition, with the passage of time, the memory in the human brain will gradually fade away and the material traces will disappear, which makes it difficult to find evidence. However, the existence of the case is objective, and the evidence materials are also objective. As long as the method is correct and the work is meticulous, we will certainly find evidence related to the case. The first is to define the search scope correctly. Investigators delimit the scope of investigation, which is actually to determine the scope of evidence collection, because the purpose of determining the scope of investigation is to find criminal suspects and collect evidence materials. At the same time, the confession of the suspect is also a kind of evidence. The second is to be good at finding evidence. After defining the scope of investigation, we must do everything possible to find evidence. In handling cases, sometimes you can find evidence directly, and sometimes you have to go through various links to find it. Finding suspect clues is also an important way to find criminal suspects. The third is to pay attention to finding evidence materials. Evidence clues are not equal to evidence materials. If someone has documents and articles related to the case, it doesn't mean that he has documentary evidence or physical evidence. Some insiders are unwilling or afraid to admit that they know the case or have items related to the case. Investigators must adopt appropriate methods and strategies to find out the situation according to the evidence clues.
There are many ways to extract evidence, many of which use natural science, technology and means such as chemistry and physics. The common methods of obtaining evidence are as follows: 1. Record extraction. This is a method of extracting evidence materials in the form of written records, which is mainly suitable for extracting evidence materials with words, activities and States as their contents. Its manifestations include inquiry records, interrogation records, on-site investigation records, physical evidence inspection records, physical examination records, appraisal records and so on. The second is the audio-visual extraction method. This is a method to extract evidence by means of photography, audio recording and video recording. It is mainly suitable for extracting all kinds of physical evidence, documentary evidence and evidence with sound and image as its content, among which photography technology is the most widely used. The third method is physical extraction. This is a method of directly extracting articles, documents and trace carriers related to the case, which is mainly suitable for small physical evidence, trace carriers and various documentary evidence and audio-visual materials. The fourth is the model extraction method. This is a method of making a model to extract evidence, which is mainly suitable for all kinds of three-dimensional trace material evidence. Such as three-dimensional handprints, three-dimensional footprints, tool marks, etc. , which can be extracted from the model. The fifth is the sticky printing extraction method, which mainly uses methods such as pasting, copying and adsorption to extract evidence. Suitable for all kinds of plane trace material evidence. When extracting evidence, we should pay attention to science and legality, and we should not damage the value of evidence because of improper extraction methods, nor extract it by illegal means, otherwise it will lose its probative power.
Collecting evidence is a scientific and practical knowledge, and case handlers should not only have a solid theoretical foundation, but also have rich practical experience. The specific methods are as follows: First, ask. Asking is the activity of knowing the situation through talking or asking questions. This is a method of collecting evidence used in any case, and the main target is witnesses. The second is interrogation. Interrogation is an indispensable way to collect evidence in criminal cases, and its object is only applicable to criminal suspects and defendants. The third is recognition. Appraisal is a method used in many cases, and the appraisal conclusion, relevant testimony and transcripts can be used as evidence. The fourth is an inquest. An inquest is a method of obtaining evidence used in many cases, and its objects are generally places, objects and bodies related to the case. From the point of view of collecting evidence, the inquest has dual significance. On the one hand, inspection is an important way to find and extract all kinds of physical evidence; On the other hand, the inquest itself is also a form of evidence. The fifth is inspection. It is mainly used to obtain evidence in cases related to human condition, such as personal injury cases and liability accidents that cause personal injury. The sixth is search. It is a method of obtaining evidence mainly in criminal cases, and the objects of search can be places, people and vehicles. The seventh is the experiment. Experiments are also called investigation experiments, and experimental transcripts are the main forms of evidence. Eight is identification. The objects of appraisal are various, which can be physical evidence or documentary evidence; That is, it can be a human body or a corpse. These methods can be used not only to collect evidence, but also to find out the facts of the case, review and judge the evidence.
Third, taking the crime scene as the core is the most important thing in obtaining evidence.
A crime scene is a place where a criminal suspect invades an object in a certain time and space in order to commit a crime, thus causing a series of changes in the specific material environment. Specifically, the crime scene is the place where the case occurred and other places where traces and physical evidence related to the crime were left. Generally speaking, there is only one scene in a case, but sometimes there may be multiple scenes. The crime scene objectively reflects and records the criminal activities, which is a reliable basis for confirming the crime and an effective means and method for finding clues to the case.
According to materialist epistemology, as long as there is a criminal case, there is a crime scene. Crime cannot be separated from a specific time and space. Once a crime occurs, as a result of energy exchange, criminal information is stored in related objects. The crime scene is the specific place where the criminal suspect commits the crime, so the crime scene stores the information of the crime and also transmits the information of the crime. The fingerprints, footprints, blood, smell, weapons, clothes and certificates of a criminal suspect who commits homicide in a certain place. Those left at the scene may be left behind. These traces and objects presented at the scene convey the criminal information of killing people. Just like this, investigators can capture these criminal information through on-site investigation and on-site visits, thus analyzing and depicting the "image" of the criminal suspect, correctly determining the direction and scope of investigation, and finally catching the criminal suspect. At the same time, it is also the main way to obtain the main evidence to prove the facts of the case.
After the incident, in most cases, investigators don't know who the perpetrator is and whether the items and traces on the scene are intrinsically related to the case. The direction and scope of exploration can only be determined after the site conditions are inspected and the traces left on the site are analyzed and judged. To this end, when exploring, we must be comprehensive and meticulous, and collect more trace material evidence to lay a good foundation for solving cases. Evidence should be obtained according to procedures, that is, according to the law. Otherwise, the collected evidence cannot be used as the basis for determining the facts of the case. Site investigation records, site maps and site photos shall be consistent with each other, and there shall be no contradiction. If there are contradictions, they should be eliminated reasonably. Otherwise, there will be doubts and loss of proof. Trace items extracted by crime must be realistic, and whatever is available can be extracted, and you can't choose at will.
Fourth, taking the words of the parties as clues is an important way to obtain evidence.
Some criminal suspects are very cunning, leaving no trace items at the crime scene, and some fail to extract valuable trace material evidence at the crime scene for other reasons. More work needs to be done in obtaining the confession of the suspect, the statement of the victim and the testimony of the insider.
First, we must work hard on interrogating criminal suspects. First, collect evidence from the facts confessed by criminal suspects. If the suspect confesses the crime, he will take his confession as the main line and collect evidence to prove the crime. Secondly, collect evidence from the plot explained by the criminal suspect. When the criminal suspect confessed to the crime, he told some plots, which may not be directly related to the crime, but can prove the authenticity of the criminal suspect's confession. This can make the evidence system more complete and prevent the suspect from retracting his confession. Third, collect evidence from clues provided by criminal suspects. In the process of interrogation, criminal suspects sometimes don't remember the plot and details clearly, or have hallucinations due to objective reasons, and often provide some plot or details of the case and clues to the crime. These clues are the direction for investigators to collect evidence. Fourth, collect evidence from criminal suspects' excuses. There are basically three possibilities for criminal suspects' excuses, namely, truth, falsehood and truthfulness. If the collected evidence can prove that the facts defended by the criminal suspect are true, it will be very helpful to find out the facts; If it is false, or true and false, it can also prove the suspect's attitude.
Second, we should make a fuss about digging up the victim's statement. The victim is the subject of criminal cases and the object of criminal acts. In most cases, the victim has a certain understanding of the crime and can provide information related to the crime. Therefore, the victim's statement plays an important role in correctly determining the direction of investigation, collecting and verifying evidence and correctly identifying the facts of the case. First, collect evidence from the infringed part stated by the victim. From the experience of investigation practice, the victim's scene is an important way to collect evidence, and criminal suspects often leave fingerprints, footprints and other criminal traces at the infringed scene. Secondly, collect evidence from the ways and means of the criminal suspect stated by the victim. The victim is the object of infringement. Under normal circumstances, the ways and means adopted by the victim to commit crimes against criminal suspects are relatively clear. The way and method of the criminal suspect's crime stated by the victim is an important clue for investigators to collect evidence. Third, collect evidence from some special circumstances stated by the victim. This special situation is only known to the victim and the criminal suspect. In these cases, some are intentional acts of criminal suspects and some are unintentional acts. For example, the suspect cut his clothes when he fled the crime scene. Fourth, collect evidence from the victim's statement on the consequences of infringement. The consequences caused by the criminal behavior of the criminal suspect, such as the degree of injury, robbed goods, cheated property, etc. Fifth, collect evidence from the characteristics of the suspect stated by the victim. Collect evidence of physical characteristics of criminal suspects, such as height, body shape, dialect accent, dress, etc. ; Collect evidence of the criminal suspect's action characteristics and struggle traces, such as whether there are scars and specific parts of the injury.
Third, efforts should be made to dispel the ideological concerns of insiders. Insider's testimony is an important evidence, which plays an important role in identifying the facts of the case and the facts of the crime. Informed people are worried and afraid of revenge; Some insiders may be related to the case, afraid of being implicated, and afraid or unwilling to testify. To this end, case handlers should patiently and meticulously do the ideological work of insiders. The first is to build feelings and move people with feelings. We should care about insiders, understand their inner difficulties, understand their situation and care about the difficulties they face. At the same time, we should help solve some practical difficulties within our power, impress them through these practical actions, influence them, and let them take the initiative to testify. The second is to remove obstacles and eliminate concerns. Persuade and educate the insiders about their specific ideological concerns, and urge them to provide the true situation of the case. The third is to protect insiders and enhance their confidence in testifying. When looking for an insider to collect evidence, it is best to wear plain clothes and find some excuses to try not to attract others' attention. If possible, choose the place to ask, try to avoid people's sight and reduce their mental burden. Fourth, pay attention to inquiry methods and strategies. You can't use your identity to scare the insider, you can't use big words to suppress the insider, and reduce the insider's resentment.