1. The facts of conviction and sentencing are supported by evidence.
2. The evidence on which the conviction and sentencing is based is verified to be true through legal procedures.
3. Comprehensive evidence in the entire case and make a determination.
Legitimate evidence collection methods:
1. Inquiry. An interrogation is when law enforcement agencies or lawyers ask parties, witnesses or experts to state their knowledge of the case. Interrogation is a frequently used evidence gathering measure and method in any case.
2. Interrogation. Interrogation refers to the method by which law enforcement agencies require illegal perpetrators, criminal suspects or criminal defendants to truthfully account for the circumstances of the case. The subjects of interrogation are limited to administrative punishment cases of illegal perpetrators and criminal cases of criminal suspects and defendants. The subjects of interrogation are limited to law enforcement agencies and do not include lawyers.
3. Identify. Identification requires the victim or witness to pick out what they saw and heard among several similar objects, places or people. The subjects of identification can be the victims and witnesses in the case, and the objects of identification can be criminal suspects in the case or people who have a certain relationship with the case, or items or places related to the case.
4. Investigation. Investigation refers to the specialized activities of law enforcement officers to survey the scene, discover and extract evidence. The subject of investigation is limited to law enforcement agencies, and lawyers do not have the authority to conduct investigations. From the perspective of collecting evidence, on the one hand, inspection is an important way to discover and extract various physical evidence. On the other hand, the inspection record itself is also one of the types of evidence.
5. Check. Inspection refers to the specialized activity of law enforcement agencies conducting inspections on parties involved in cases in accordance with the law. The object of inspection is a living body, also known as personal inspection. Physical examination records are its main form of evidence.
6. Search. Search refers to the specialized activity in which law enforcement agencies conduct compulsory searches of places or persons related to a case to search for and extract evidence in accordance with their authority. The object of search can be a place, a person, a vehicle or a boat, etc. Search is an important way to discover and extract various physical evidence and documentary evidence, and the search transcript itself is one of the types of evidence.
7. Experiment. Experiments refer to specialized activities by law enforcement agencies to simulate and reproduce crime scenes, criminal processes or case situations, and are mainly applicable to criminal cases. In other types of cases, this method of reproduction experiments may also be needed to find out the cause of the crime or to verify the statements of the parties and witnesses.
8. Identification. Appraisal refers to the activity of using specialized institutions or personnel to appraise their professional technical knowledge and scientific and technological equipment, to examine relevant specialized issues, and to make appraisal conclusions.
In summary: According to the relevant laws of our country, the judge will verify the evidence provided by the public prosecutor. If the evidence does not meet the relevant regulations, the court may not accept the evidence provided by the public prosecutor.
Legal Basis
"Procedural Regulations of the Chinese People's Government and State Public Security Organs in Handling Criminal Cases"
Article 55
The sentencing of all cases must emphasize evidence and investigation and research, and do not take confessions lightly. If there is only the defendant's confession and no other evidence, the defendant cannot be found guilty and sentenced. Without a confession from the defendant and the evidence is reliable and sufficient, the defendant can be found guilty and a verdict can be made.