Evidence is an indispensable part of the court's trial of criminal cases. The probative effect of evidence can be divided into physical evidence and verbal evidence, and the probative effect of physical evidence is much higher. So where is the proof ability of physical evidence reflected? Bian Xiao has compiled relevant legal knowledge in this field, so let's learn it briefly.
First, material evidence can provide important clues and basis for the case to be solved.
Moreover, it can let the judge have a basic judgment and understanding of the process of solving the case by the investigation organ. The so-called geese leave a sound, and people leave a mark. In the process of committing a crime, any criminal will inevitably leave various traces or articles on the scene or himself in different forms. These traces and objects are companions of committing illegal and criminal acts, and there must be some inevitable connection with criminal suspects or the facts of the case.
Therefore, after the occurrence of a criminal case, the investigation organ can usually find and extract some traces and articles by means of on-site inspection, personal inspection of relevant personnel or search of relevant places, and point out the direction for case detection through the analysis and identification of these traces and articles; After the case is detected, it is brought to the people's court. With the help of these items and traces extracted from the scene, the trial judge can analyze and judge whether the investigation process is natural and reasonable, and what undeniable links exist between the case and the defendant.
For example, if the blood extracted from the scene is determined to be left by someone other than the deceased through DNA identification, it is likely to be left by the criminal suspect, and the next investigation can focus on this blood. If it is confirmed by further identification that the blood stains are left by the suspect, the connection between the suspect and the crime scene will be established, and then by understanding and analyzing the whereabouts of the suspect at the time of the crime, we can judge whether the suspect has the possibility of committing a crime. By testing the blood, the judge can judge the reason and basis of the suspect's arrival, thus forming a more objective and accurate judgment on the investigation process of the investigation organ.
Second, physical evidence is an important basis for testing whether other evidence is true and reliable.
Physical evidence exists objectively, its probative value is not influenced by people's thinking, and it will not "lie" itself. On the other hand, verbal evidence is different, which is easily influenced by various subjective and objective factors and may be false. We can determine the authenticity of the content of verbal evidence according to the verified physical evidence and the related and directional items established with the facts of the case. If the fingerprint of the suspect is extracted at the scene, and the suspect claims that he has never been to the scene, and his confession is obviously inconsistent with the fingerprint to prove that the suspect has been to the scene, it can be concluded that the content of the suspect's confession proved by physical evidence is false. Based on the objectivity of its proof content and the test of verbal evidence, material evidence also has the important function of urging criminal suspects and defendants to truthfully confess the true situation of the case and witnesses to testify truthfully. In criminal trial, it is a necessary and frequently used appraisal method for the trial judge to judge whether the statements of criminal suspects and defendants are true or not, or whether the words of witnesses are true.
Three. Physical evidence is a reliable basis for identifying or ascertaining the facts of a case in a criminal trial.
In criminal cases, material evidence has strong reliability and stability. In judicial practice, it is usually more objective and convincing than verbal evidence, and plays an important and even decisive role in ascertaining facts. Especially in the criminal trial stage, it is impossible to return to the process of investigation. If we can analyze and judge with the help of relevant material evidence, we can comprehensively judge whether the statements of criminal suspects and defendants are true and whether the testimony of witnesses is biased, so as to achieve the purpose of accurately identifying the facts of the case. It can be said that if there is no material evidence in a case, a considerable part of the facts of the case will be difficult to determine without doubt in judicial practice. Because other evidence proves the degree of the facts of the case, it is difficult to rule out people's reasonable doubts like physical evidence.
Four, the facts of the case confirmed by physical evidence can stand the test of history better than other evidence.
This is formed by the stability of physical evidence. Physical evidence itself is generally not easy to change unless it is defiled or seriously damaged. Once the facts of the case are proved by its appearance, structure and performance, it will not change. This is incomparable with oral evidence, expert opinions and electronic evidence. The situation confirmed by other types of evidence may change with the passage of time or the change of environmental conditions, such as witnesses changing their testimony, new appraisal opinions appearing in re-appraisal, and electronic data being modified. Of course, there may also be problems such as the structure and performance of physical evidence that affect its proof function due to cognitive defects, such as changes in fingerprints and blood identification, but that is not the change of physical evidence itself.
It can be seen that physical evidence is much more effective than verbal evidence. The proof ability of material evidence is embodied in many aspects. Physical evidence not only provides important clues for solving the case, but also proves whether other evidence is true and effective, which is the main basis for the court to determine the facts of the case. It is also based on these contents that the court attaches great importance to material evidence. For more relevant knowledge, please consult Shaoguan lawyer.