Article 64: Public security organs must be loyal to the facts when applying for approval of arrest, review and prosecution. Anyone who deliberately conceals the truth will be held accountable in accordance with the law.
Article 65 The facts of the case that need to be ascertained include:
(1) Whether the criminal act exists;
(2) The time when the criminal act was committed , location, means, consequences and other circumstances;
(3) Whether the criminal act was committed by the criminal suspect;
(4) The identity of the criminal suspect;
(5) Whether the criminal suspect’s motive for committing the crime is the same as the criminal suspect’s motive. (5) The criminal suspect’s motive and purpose for committing the crime;
(6) The criminal suspect’s responsibility and his relationship with other co-defendants;
(7) The criminal suspect does not have circumstances that warrant aggravating, mitigating, lenient punishment or exemption from punishment;
(8) Other facts related to this case.
Article 66: When a case is transferred for review and prosecution by the public security organ, the criminal facts must be clear and the evidence must be reliable and sufficient.
The evidence is reliable and sufficient and must meet the following conditions:
(1) The evidence for determining the facts of the case has been proved;
(2) The evidence for determining the facts of the case has been The legal procedures are verified to be true;
(3) The evidence in the whole case is comprehensive, and the facts of the case are determined beyond reasonable doubt.
The review of evidence should be based on the specific circumstances of the case, and review and judgment should be made from the aspects of the degree of correlation between each piece of evidence and the facts to be proved, and the connection between each piece of evidence.
If there is only a confession by the criminal suspect and no other evidence, the facts of the case cannot be determined; if there is no confession by the criminal suspect and the evidence is reliable and sufficient, the facts of the case can be determined.
Baoying County Procuratorate/Baoying