1. Provide proof of receipt for withdrawing cash from the bank;
2. There is testimony from other personnel present at the time of cash delivery;
3. There are live audio and video recordings of cash delivery.
How to obtain evidence for accepting bribes in cash
1, use legal means to obtain evidence quickly and in time. The inherent characteristics of bribery crime determine its difficulty in investigation.
Suspects of bribery often try their best to destroy, transfer, forge or even destroy evidence after committing bribery or knowing that the judicial authorities are after them. They often use the extended time to fabricate false situations and false plots, or collude with bribers and insiders to form an offensive and defensive alliance.
At the same time, with the passage of time, witnesses may also be under external pressure, thus changing their testimony. In this case, if you are not good at using the means entrusted to the procuratorial organs by law, you will not be able to open the situation of case investigation.
When a bribery case enters the investigation procedure, it must make full use of the necessary legal means and measures, such as filing a case according to Article 83 of the Criminal Procedure Law, controlling the criminal suspect, and taking residential surveillance on the criminal suspect. Before the criminal suspect colludes with the briber or insider, it must quickly collect and fix the evidence, analyze and judge the evidence, testify against the criminal suspect, and prove the crime through the evidence obtained according to law.
Doing so will help improve the quality and accuracy of the case and greatly increase the breadth and depth of investigation.
2. Overcome the "confession plot", broaden our thinking and jump out of the misunderstanding of "one-on-one" evidence.
For a long time, confession has been playing the role of "the king of evidence" in practice. Many people believe that the evidence of bribery facts in bribery cases mainly depends on the confession of criminal suspects, and then evidence is obtained to obtain the testimony of bribers or insiders. Other than that, there is no other evidence. If there is no insider but only the confession of the suspect and the testimony of the briber, there is "one-on-one" evidence. At both ends of this chain of evidence,
In fact, this understanding is not comprehensive. China's criminal procedure law stipulates that "everything that can prove the facts of a case is evidence", and any crime will inevitably leave indelible marks, as long as these facts can prove the objective truth of the case, it is evidence.
"One-on-one" bribery case is only the direct evidence to prove a certain stage in the process of bribery crime, because any criminal fact includes several consecutive stages, not just one stage, and each stage will have corresponding case facts, such as the time and place of committing crimes, stolen money, etc., which will inevitably produce a large number of witness testimony, documentary evidence, physical evidence and other evidence, which is an objective law that does not depend on any individual's subjective will.
Therefore, in the process of investigating bribery cases, we should not only pay attention to the collection of direct evidence such as the confession of criminal suspects, the testimony of bribers or insiders, but also pay attention to the collection of a large number of indirect evidence generated by the facts of the case at various stages of bribery. These objective evidences related to the facts of the case and collected by the judicial organs according to law can explain the authenticity and uniqueness of a fact as long as they are mutually confirmed, mutually proved and interlocked. By denying other possibilities, we can ensure the probative power of the whole evidence system and prove the true situation of the case, so as to truly achieve "the facts of the case are clear and the evidence is indeed sufficient."
3. Be good at finding contradictions in the testimony of the withdrawn witnesses and making rational use of them.
In bribery cases, most witnesses who retract their confessions after testifying are worried because they feel that the suspect owes himself or is coerced or interceded. The testimony made by a witness after his confession is often consistent with the facts denied by the suspect.
In this case, the witness's testimony after the retraction must have been unified with the suspect's caliber in a big way, but that is not true after all, and it is impossible to be flawless in small details.
Therefore, when talking with witnesses, investigators should keenly grasp the contradictions in witness testimony, choose a good opportunity, and make the details difficult to justify before the witnesses are psychologically prepared and have time to unify with the suspects in details, thus exposing flaws, and then do a good job in the ideological education of witnesses in a targeted manner, so that they can return to the correct track of truthfully testifying.
4. Strengthen the command function and integrate the case handlers into high-speed coordinated operations.
At present, the problems involved in handling self-investigation cases are often extensive, and there are many materials that need to be verified. This requires commanders to fully grasp the comprehensive and scientific overall arrangement, give unified command to the personnel involved in handling cases, make decisive decisions, make the personnel involved in handling cases cooperate and coordinate their efforts, give full play to the intelligence and subjective initiative of police officers through scientific command and reasonable deployment, and obtain reliable evidence at the fastest speed to improve them.
We should be good at distinguishing the authenticity of the evidence obtained. All the evidence can be true or false. Witnesses in bribery cases are often relatives, classmates, friends or "benefactors" of suspects, and the outcome of the case may directly affect their relations and interests. In this case, they may deliberately point to the east and point to the west, fail to provide truthful testimony, or even deliberately fabricate facts, provide perjury and perjury, and shield and protect criminal suspects. If our investigators can't tell the truth from the false, they will take pictures. Therefore, investigators should find out whether witnesses are affected by subjective and objective conditions.
For example, whether the witness was lured or threatened by the outside world before testifying, whether he colluded with the suspect, and unified the caliber. Combined with other evidence of the facts of the case, make a comprehensive analysis of each evidence collected to see if there is any contradiction and prove whether the direction is consistent.
We can't believe all the explanations and excuses of suspects without analysis, and we can't believe them without analysis. It is necessary to carefully analyze and determine its authenticity. Only after contacting other evidence materials to determine its authenticity can it be used as evidence in this case.
In short, although it is difficult to investigate and collect evidence in bribery cases, as long as the facts of bribery crimes occur, they will inevitably leave clues that can be obtained. There are only cases with insufficient evidence, and there are no cases with insufficient evidence. As long as we seriously investigate and collect evidence, we will certainly be able to do a good job in investigation and evidence collection, thus effectively cracking down on bribery crimes and earnestly safeguarding the interests of the country and the people.
Second, how to obtain evidence for cash loans without IOUs?
If there is no debt, there are many ways to recover the debt, such as negotiating with the other party, asking for payment, recording and so on. If negotiation fails, the creditor may entrust a lawyer to send a lawyer's letter to the other party. A lawyer's letter can serve as a reminder and warning to the debtor and urge the other party to repay in time. If the other party has a reply, it can also be used as evidence. In addition, mobile phone witness testimony, transfer record notes, etc. Can also be used as evidence.
Problems that should be paid attention to when suing for borrowing money without IOUs;
1, limitation of action: bring a lawsuit to the court within two years from the date when you know or should know your rights and interests.
2. Prosecuting court: The plaintiff shall bring a suit in the court where the defendant (debtor) is located (domicile or habitual residence).
3. Collection of evidence: Without IOUs, the fact of arrears cannot be independently proved by bills of exchange, so the collection of evidence should be more comprehensive.
If the plaintiff wins the case, the court will enforce it according to law. If the defendant has no cash repayment, he can apply to the court for enforcement.
Legal basis:
Article 50 of the Criminal Procedure Law of People's Republic of China (PRC)
All the materials that can be used to prove the facts of the case are evidence.
Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) Appraisal opinions;
(7) Records of inquests, inspections, appraisals, investigations and experiments;
(8) Audio-visual materials and electronic data.
The evidence must be verified before it can be used as the basis for finalizing the case.