1. Bank statements can be used as the basis for finalizing the case, but they must be combined with other evidence.
2. If only bank statements are used as evidence, it will be difficult to convict based on this.
3. The evidence proving the facts of the case must be verified to be true before it can be used as the basis for finalizing the case.
1. Conviction requires evidence
Conviction requires evidence to prove the facts of the case. Sentencing in all cases must focus on evidence and investigation and research, and confessions cannot be taken lightly. If there is only the defendant's confession and no other evidence, the defendant cannot be found guilty and sentenced; if there is no defendant's confession and the evidence is reliable and sufficient, the defendant can be found guilty and sentenced.
1. Physical evidence;
2. Documentary evidence;
3. Witness testimony;
4. Victim’s statement;
5. Confessions and excuses of criminal suspects and defendants;
6. Identification opinions;
7. Inspection, inspection, identification, and investigation experiment records;
8. Audio-visual materials
8. Audio-visual materials and electronic data.
2. What are the conditions for constituting a crime?
The conditions for constituting a crime are as follows:
1. The object element refers to the infringement caused by the criminal act to be protected by the criminal law. social relations.
2. Objective elements refer to the specific manifestations of the criminal act;
3. Subjective elements refer to the person who commits the criminal act;
4. Subjective elements, Refers to the psychological state of the criminal subject regarding the criminal behavior and its consequences.
3. How to entrust a lawyer to commit a crime
First of all, you must go to a law firm to find a lawyer with a lawyer's practicing certificate.
Secondly, after the criminal suspect is subject to compulsory measures, his close relatives can hire a lawyer for him.
Furthermore, you need to pay a commission fee (lawyer's fee) when hiring a lawyer. This needs to be negotiated with the lawyer you hire. Generally speaking, the fees for criminal cases are divided into the investigation stage, the prosecution stage and the trial stage. The trial stage The stage is further divided into the first instance stage and the second instance stage. You can also negotiate with your lawyer to pay for several stages at once. For handling cases abroad, you should also pay certain travel expenses. Remember, attorney fees must be paid to the finance office of the law firm, and the financial staff will issue an invoice.
After accepting the entrustment, the law firm shall sign an entrustment contract with you, and you shall sign a power of attorney as proof that the lawyer accepts the entrustment.
Legal Basis
"Criminal Procedure Law of the People's Republic of China"
Article 55 The sentencing of all cases must rely on evidence. Pay attention to investigation and research, and do not take oral confessions lightly. If there is only the defendant's confession and no other evidence, the defendant cannot be found guilty and punished;
Without the defendant's confession and the evidence is reliable and sufficient, the defendant can be found guilty and punished. The evidence is reliable and sufficient and should meet the following conditions:
(1) The facts of conviction and sentencing are supported by evidence;
(2) The evidence on which the case is finalized has been verified to be true through legal procedures;< /p>
(3) Comprehensive evidence in the entire case and eliminate reasonable doubts about the identified facts.
Article 14 of the "Criminal Law" stipulates that a person who knowingly knows that his behavior will have consequences that are harmful to society, and hopes or allows such consequences to occur, thus constituting a crime, is an intentional crime.
Those who intentionally commit crimes shall bear criminal responsibility.
Article 15 stipulates that if one should foresee that one's actions may have consequences that are harmful to society, and fails to foresee them due to negligence, or has foreseen them and believes that they can be avoided, and thus such consequences occur, it is a crime of negligence. .
Criminal liability for negligent crimes can only be borne under the circumstances provided by the law.