The alibi of a party refers to the fact that he did not testify in person, but provided testimony or evidence in written form or other ways. For example, the defendant can submit written statements, audio or video evidence to prove his innocence or defend his actions.
When judging the validity of such evidence, the court usually considers the following aspects:
1. Reliability of evidence: The client's alibi must be reliable to convince the court of its authenticity. If the evidence is false or uncertain, the court may exclude it from the evidence.
2. Types of evidence: Different types of alibi have different credibility. For example, written statements may be more easily questioned or manipulated than audio or video evidence.
3. Is there any other evidence to support it? If there is other evidence to support the client's alibi, then this evidence may be more powerful.
4. Reliability of witnesses: If the alibi provided by the parties requires witnesses to testify, then the reliability of witnesses is also very important. For example, does the witness have enough knowledge or experience to prove the authenticity of the evidence?
In short, in criminal defense, the client's alibi can be an effective form of evidence, but its reliability and other factors need to be considered. Defense lawyers should evaluate the credibility of evidence according to the specific situation and provide a strong defense in court.
legal ground
According to the Criminal Procedure Law
Article 88 stipulates: "If the parties provide written evidence, the people's court shall verify the authenticity and legality of the evidence and adopt or reject it according to its importance." This shows that the court can accept the written evidence provided by the parties and make a judgment according to its importance in the case.