The difference between the criminal suspect’s confession and defense and the witness’s testimony 1. The difference between the interrogation venue. When interrogating a criminal suspect and the criminal suspect is sent to a detention center for custody, investigators shall interrogate the criminal suspect in the detention center; for criminal suspects who do not need to be arrested and detained, they may be summoned to the city or county designated by the criminal suspect. to the place where they live or to their place of residence for interrogation. Investigators may interrogate witnesses on the spot, or at the witness's unit, residence, or at a location proposed by the witness. If necessary, the witness may be notified to provide testimony at the procuratorial organ or public security organ. Secondly, the obligation to inform before interrogation is different. When the public security organ interrogates a criminal suspect for the first time, it shall inform the criminal suspect that he has the right to appoint a lawyer as a defender. If he does not appoint a defender due to financial difficulties or other reasons, he may apply for legal aid from a legal aid agency and record the notification in case. When questioning witnesses, they should be informed that they must provide evidence and testimony truthfully. Anyone who intentionally makes perjury or conceals criminal evidence shall bear legal responsibility. Third, the applicable rules for collecting evidence are different. The "no self-incrimination" rule applies to collecting confessions from criminal suspects, that is, when interrogating a criminal suspect, investigators should first ask the criminal suspect whether he has committed a crime. Guilty defense; the collection of witness testimony is subject to the "compulsory testimony" rule. The collection of witness testimony is subject to the "compulsory testimony" rule, that is, anyone who knows the circumstances of the case has the obligation to testify. Fourth, the rules for the review and identification of evidence are different. During the trial stage, the court There are three applicable rules for the review and determination of the defendant's confession and defense: First, the confession exclusion rule, that is, if the confession is obtained by illegal methods such as torture, it will be forcibly excluded; if the interrogation transcript has not been checked, confirmed and signed by the defendant, it will be forcibly excluded; The second is the oral confession corroboration rule, that is, the consistency of the defendant’s pretrial confession and the priority rule for the court’s retrieval of the defendant’s confession. The use of this rule must meet two conditions at the same time: First, the defendant. The person cannot reasonably explain the reason for retracting the confession, or his defense is inconsistent with the evidence on record; secondly, the oral confession and other evidence can corroborate each other; thirdly, the rule of reinforcement of the oral confession, that is, if there is only the defendant's oral confession without other evidence, he shall not be convicted Sentencing. There are two applicable rules for the review and determination of witness testimony. One is the hearsay evidence rule, which requires the witness to directly perceive the case information and testify in court to prove the facts of the case; the other is the opinion evidence rule, which requires the witness’s speculation and comment. . Inferential testimony is not personally perceived by the witness, and its authenticity cannot be guaranteed. It cannot be used as evidence, but it can be used as evidence if it can be determined based on general life experience. If you want to use the law to protect your rights, it is recommended that you can. For online consultation, a professional team of lawyers will answer your questions and use the law to protect your rights and interests in a timely manner. Legal objectives:
Article 50 of the "Criminal Procedure Law of the People's Republic of China" can be used. Materials proving the facts of the case are all evidence. Evidence includes (1) physical evidence; (2) documentary evidence; (3) witness testimony; (4) victim’s statement; (5) confession and defense of criminal suspects and defendants; (6) Appraisal opinions; (7) Inspection, inspection, identification, investigation and experimental records; (8) Audio-visual materials and electronic data. The evidence must be verified to be true before it can be used as the basis for finalizing the case.