We often say that no matter what happens, there must be evidence. In the trial of criminal cases in China, evidence plays a leading role, and often only the evidence provided can really exist, which can help the court find out the truth as soon as possible.
First, the new criminal procedure law opinion evidence rules
(1) The concept of evidence has been modified.
The old law defined evidence as "all the facts that prove the true situation of a case". The new law changes the concept of evidence to "materials that can be used to prove the facts of a case". The latter lacks the word "truth" and replaces "fact" with "material". Comparatively speaking, the old concept pays more attention to objective truth, while the new concept pays more attention to legal truth than objective truth. Evidence is the organic unity of proof information and proof carrier. The old concept regards evidence as "fact", which is easily confused with "case fact" as the object of proof. The new concept uses "material" to define evidence, which is more accurate and objective. It can also prompt the requirements that the content of evidence is true, the source and the form are legal.
(2) Adjust the types of evidence.
On the basis of the seven types of legal evidence stipulated in the old law, the new law changes the "appraisal conclusion" of the old law into "appraisal opinion" and adds legal evidence types such as "appraisal, investigation, experimental records" and "electronic data".
(3) Establish the burden of proof of procuratorial organs in criminal cases.
The new criminal procedure law stipulates that the burden of proof of the defendant's guilt in public prosecution cases shall be borne by the people's procuratorate, and the burden of proof of the defendant's guilt in private prosecution cases shall be borne by the private prosecutor. The establishment of burden of proof has a far-reaching impact on the fairness and legality of criminal proceedings. Effective proof is the key to cross-examination and authentication, and it is of great significance to protect the legitimate rights and interests of citizens. In judicial practice, we should pay attention to the corresponding proof content to ensure the crackdown on illegal crimes.
(4) Clarify the relevant provisions on the exclusion of illegal evidence.
Provisions on the application of the parties, their agents and defenders for the exclusion of illegal evidence. Item (2) stipulates the procedural starting right of the defendant and his defenders to exclude illegal confessions before the trial, during the trial and before the end of the court debate, as well as the procedural starting right to exclude illegally obtained written testimony of witnesses who did not appear in court and written statements of victims who did not appear in court during the trial. The new criminal procedure law adds "the parties and their agents", which stipulates that the parties, their agents and defenders have the right to apply to the court for the exclusion of illegal evidence, and also have the right to sue the procuratorate, which excludes the right to start giving illegal evidence to the parties through multiple channels.
Second, how long will our criminal procedure law take?
The longest time limit for handling a case in the investigation stage is 7 months.
Article 89 of the Criminal Procedure Law stipulates that if a detained person needs to be arrested, he shall apply for approval within three days after detention; Under special circumstances, the time for submitting an arrest may be extended by one to four days; The time limit can be extended to 30 days for major suspects who commit crimes on the run, repeatedly commit crimes or commit crimes by gangs. The procuratorate shall examine the cases that have been submitted for arrest, and the decision to approve or disapprove the arrest shall be completed within 7 days.
Article 154 of the Criminal Procedure Law stipulates that the time limit for investigating and handling a case after the arrest of a criminal suspect shall not exceed two months; If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
Article 156 of the Criminal Procedure Law stipulates that: major and complex cases in remote areas with very inconvenient transportation, major criminal group cases, major and complex cases involving a wide range and difficulties in obtaining evidence may be extended for two months; He may be sentenced to fixed-term imprisonment of more than 10 years, and can be extended for 2 months if he cannot file a case for investigation according to article 126.
Article 165 of the Criminal Procedure Law stipulates that if the procuratorate deems it necessary to arrest the detained person in a case directly accepted, it shall make a decision within 14 days.
3. What are the facts that need to be proved in the Criminal Procedure Law?
The facts to be proved in the Criminal Procedure Law include the identity of the defendant, whether there is an alleged criminal act, whether the defendant has committed the alleged act, whether the defendant is innocent, the time, place, means and consequences of the act, the defendant's responsibility, the relationship with other co-defendants, whether it constitutes a crime, etc.
Legal objectivity:
Recently, the Supreme People's Procuratorate promulgated the revised Criminal Procedure Rules of the People's Procuratorate (Trial), which accurately defined the concepts and provisions related to procuratorial work in the new criminal procedure law according to the legislative spirit. The Criminal Procedure Rules of the People's Procuratorate (Trial) defines the definition of "extorting a confession by torture". It is pointed out that extorting a confession by torture refers to the use of corporal punishment or corporal punishment in disguised form, which causes the criminal suspect to suffer severe pain or physical and mental pain in order to obtain a confession. According to the provisions of the new Criminal Procedure Law, the rules clearly state that "confessions of criminal suspects collected by illegal methods such as extorting confessions by torture, witness testimonies and victim statements collected by illegal methods such as violence and threats shall be excluded according to law, and shall not be used as the basis for reporting for arrest, approving or deciding to arrest, transfer for examination and prosecution, and initiate public prosecution." At the same time, it is also stipulated that other illegal methods refer to the method of forcing a criminal suspect to confess against his will, which is equivalent to extorting a confession by torture or violence or threat. Defining "Particularly Serious Bribery Crime" The Criminal Procedure Law of the People's Procuratorate (Trial) points out that it is a particularly serious bribery crime if it has one of the following circumstances: the amount of suspected bribery crime is more than 500,000 yuan, and the circumstances of the crime are bad; Having a significant social impact; Involving the vital interests of the state. Chen Weidong, a professor at the Law School of Renmin University of China, believes that this definition is more suitable for China's economic development, meets the needs of cracking down on crime, and is also a consistent practice in China's judicial practice for so many years. The rules are clear. If the criminal suspect in a particularly serious bribery case is detained or under residential surveillance, the investigation department of the people's procuratorate shall notify the detention center or the public security organ in writing when sending the criminal suspect to the detention center or the public security organ for execution. When a defense lawyer meets a criminal suspect during investigation, he shall obtain the consent of the people's procuratorate. The investigation department of the people's procuratorate shall put forward opinions on whether or not to allow it, report it to the chief procurator for decision, and reply to the defense lawyer within three days. The rules require that when the people's procuratorate handles a particularly serious bribery case, it should notify the detention center or the public security organ and the defense lawyer who performs residential surveillance after the situation that hinders the investigation disappears, and the defense lawyer can meet the criminal suspect without permission. For particularly serious bribery cases, the people's procuratorate shall allow defense lawyers to meet the criminal suspect before the investigation is completed. The Rules of Criminal Procedure of the People's Procuratorate (Trial) further refines and clearly stipulates that the Supreme People's Procuratorate shall exercise legal supervision over the Supreme People's Court's death penalty review activities according to law. According to the regulations, the Supreme People's Procuratorate can conduct a review when necessary.