First, is the evidence released at the
First, is the evidence released at the stage of review and prosecution?
The court did not stipulate that evidence should be published at the stage of examination and prosecution. In the stage of examination and prosecution, the contents examined by the procuratorate include:
(a) whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct;
(two) whether there are any omission crimes and other persons who should be investigated for criminal responsibility;
(3) Whether criminal responsibility should be investigated;
(4) Whether there are incidental civil actions;
(5) Whether the investigation activity is legal.
Second, what are the types of evidence in criminal cases?
(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.
3. What are the evidentiary requirements for conviction in criminal cases?
(1) There is evidence to prove the fact of conviction and sentencing;
(2) The evidence on which the final decision is based has been verified through legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.
4. What rights do lawyers have at the stage of review and prosecution?
1, consult, extract and copy the relevant materials of the case.
The entrusted lawyer has the right to consult, extract and copy the litigation documents and files related to the case from the date of examination and prosecution of the case. Materials extracted and copied by lawyers shall be kept confidential and properly kept.
2. Meetings and communications.
In the stage of examination and prosecution, defense lawyers do not need the approval of the procuratorate to meet criminal suspects, and the procuratorate may not send personnel to meet at the scene. The defense lawyer communicates with the criminal suspect, but the content shall not mention to the criminal suspect the information of the co-suspect and his relatives and friends that may hinder the investigation.
3. Investigate and collect relevant materials of the case.
With my consent, the defense lawyer may collect materials related to the case from the victim or his close relatives or witnesses provided by the victim, but he shall apply in writing to the people's procuratorate for approval in advance.
Lawyers may collect materials related to the case from witnesses or other units and individuals, but they shall obtain their consent in advance and record them in the investigation record. Lawyers can make audio and video recordings when investigating and collecting case materials. Audio and video recording of the respondent shall obtain the consent of the respondent. In the stage of examination and prosecution, defense lawyers may apply to the people's procuratorate for collecting and obtaining evidence when they think it necessary.
4. present a defense opinion.
If a criminal suspect is detained for an extended period of time at the stage of examination and prosecution, the defense lawyer has the right to demand that the criminal suspect be released according to law or change the compulsory measures into bail pending trial or residential surveillance. If the criminal suspect's personal rights are violated or his personality is insulted, the defense lawyer has the right to appeal on his behalf. If the people's procuratorate makes a decision not to prosecute and the person who is not prosecuted refuses to accept the appeal, the defense lawyer may appeal to the people's procuratorate on his behalf after the person who is not prosecuted receives the decision not to prosecute.
To sum up, the procuratorate has no obligation to publish evidence at the stage of examination and prosecution, but after the case enters the stage of examination and prosecution, lawyers have the right to investigate and read papers. In fact, even if the procuratorate initiates a public prosecution after reviewing the prosecution, if the criminal case involves state secrets, such criminal cases will not be tried in public and the evidence will not be published.