There are seven kinds of evidence:
(1) Physical evidence and documentary evidence;
(2) Testimony of witnesses;
(3) the victim's statement;
(4) confessions and excuses of criminal suspects and defendants;
(5) Evaluation conclusion;
(6) Records of the inquest and inspection;
(7) Audio-visual materials.
The above evidence must be verified before it can be used as the basis for finalizing the case.
Article 43 Judges, prosecutors and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of a criminal suspect or defendant and the seriousness of the crime. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods. We must ensure that all citizens who are related to or know the case, except in special circumstances, have the conditions to provide evidence objectively and fully, and can recruit them to assist in the investigation.
Article 44 When a public security organ approves an arrest, a people's procuratorate brings a suit and a people's court makes a judgment, it must be faithful to the facts. Anyone who intentionally conceals the truth shall be investigated for responsibility.
Article 45 People's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant units and individuals. The relevant units and individuals shall truthfully provide evidence.
Evidence involving state secrets shall be kept confidential.
Whoever forges, conceals or destroys evidence, and whoever the evidence belongs to, will be investigated by law.
Article 46 In sentencing all cases, emphasis should be placed on evidence, investigation and study, and confessions should not be trusted. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is sufficient and reliable, the defendant may be found guilty and punished.
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Article 47 The testimony of witnesses must be interrogated and cross-examined by the public prosecutor, the victim, the defendant and the defender in court, and the testimony of witnesses from all parties can be used as the basis for finalizing the case. If the court finds that a witness intentionally perjures or conceals criminal evidence, it shall deal with it according to law.
Article 48 Anyone who knows the circumstances of a case has the obligation to testify.
A person who is physically and mentally defective or young, can't distinguish right from wrong and can't express correctly, can't be a witness.
Article 49 People's courts, people's procuratorates and public security organs shall ensure the safety of witnesses and their near relatives.
Threatening, insulting, beating or retaliating against witnesses and their close relatives, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, it shall be given administrative punishment for public security according to law.