The second is relevance. The objective facts as evidence must have some connection with the facts of the case, so that we can know the real situation of a certain part or aspect of the case. Objective things that have nothing to do with the facts of the case cannot reflect the nature or plot of the case or explain any problems in the case, so they cannot be used as evidence.
The third is legitimacy. It can only be collected by investigators, prosecutors and judges according to legal procedures, or provided by defense lawyers according to law. The law prohibits judicial personnel from extorting confessions from criminal suspects and defendants by torture; Use violence to force witnesses to testify; Collect evidence by threats, seduction, deception and other illegal methods. All the so-called proof materials obtained by illegal means cannot be used as evidence in criminal proceedings, especially as a basis for finalizing a case. Only when judicial personnel collect, examine and use evidence according to legal procedures can they have legal effect.
Legal basis: Article 61 of the Criminal Procedure Law of People's Republic of China (PRC). Witness testimony 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.
Interpretation of the Supreme People's Court on the Application of Criminal Procedure Law (20 13)
Article 76 In any of the following circumstances, the testimony of a witness shall not be used as the basis for making a final decision:
The questioning of witnesses is not conducted alone;
(2) The written testimony has not been checked and confirmed by the witness;
(3) The deaf-mute should be required to provide someone who is familiar with deaf-mute gestures, but he has not provided them;
(four) questioning witnesses who are not familiar with the local common language and writing, and failing to provide translators.
Article 77 If the procedures and methods for collecting witness testimony have the following defects, they can be adopted after correction or reasonable explanation; If it cannot be corrected or a reasonable explanation cannot be given, it shall not be used as the basis for finalizing the case:
(1) The names of the inquirer, recorder and legal representative, as well as the starting and ending time and place of the inquiry are not filled in the inquiry record;
(two) the inquiry place does not meet the requirements;
(3) The rights, obligations and legal responsibilities of witnesses are not recorded in the interrogation record;
(4) The interrogation record reflects that the same interrogator interrogates different witnesses at the same time.
Article 78 The testimony of a witness who testifies in court, which has been cross-examined by both the prosecution and the defense and verified by the court, shall be taken as the basis for finalizing the case.
If the witness's testimony in court contradicts his testimony before the trial, and the witness can make a reasonable explanation and is confirmed by relevant evidence, his testimony at the trial shall be accepted; If no reasonable explanation can be given, and his pre-trial testimony is confirmed by relevant evidence, his pre-trial testimony can be accepted.
If a witness refuses to appear in court without justifiable reasons after being notified by the people's court or refuses to testify after appearing in court, and the court cannot confirm the authenticity of his testimony, the witness's testimony shall not be used as the basis for finalizing the case.