Sometimes, the parties will take the facts involved in the trial transcript of this case as evidence of another case, or in cases with the same legal relationship, the plaintiff in the former case withdraws the lawsuit and then prosecutes, and the defendant in the latter case will take the trial transcript of the previous case as evidence.
1. Judging from the source of the trial transcript, it can be used as evidence. The trial transcript is not only a record of trial activities, but also the most important thing is to fix the relevant evidence of the case in the form of words.
2. Judging from the manifestations of court transcripts, they can be classified as documentary evidence. Documentary evidence refers to the evidence that proves the facts of a case with words, symbols, graphics and other recorded contents. Or expressed ideas. Therefore, the trial transcript conforms to the essential characteristics of documentary evidence, and its nature is similar to the investigation or inquiry transcripts made by the court or other state organs to the relevant parties ex officio.
What does the legality of evidence include:
1, legal subject:
The subject of the evidence is legal. The subject of evidence refers to the individual or unit that constitutes the content of evidence. The subject of evidence is legal, which means that the subject of evidence must meet the requirements of the law. The illegality of the subject will also lead to the illegality of the evidence. The requirement of the law on the subject of evidence is also to ensure the authenticity of the evidence. Therefore, according to the characteristics of evidence, the law sets corresponding requirements for the subject of some evidence. For example, people who can't express their will correctly can't be witnesses, and the subject who makes the appraisal conclusion must have relevant appraisal qualifications and so on.
2, the form is legal:
The form of evidence is legal. The legitimacy of the form of evidence means that as evidence, not only the content is true, but also the form meets the requirements of the law. For example, the certification documents submitted by the unit to the court must be signed or sealed by the person in charge of the unit and stamped with the seal of the unit; Guarantee contract, mortgage contract, etc. It needs to be proved by written contract text.
3. The acquisition method is legal:
The method of obtaining evidence is legal. Whether the evidence materials collected by the parties can be used as evidence for the court to determine the facts of the case depends on whether the acquisition method of the evidence materials conforms to the legal provisions. The law stipulates that the method of obtaining evidence must be legal, so as to protect the legitimate rights of others from being violated by illegal evidence collection. For example, when using audio-visual materials to prove the facts of a case, it is required that the acquisition of audio-visual materials shall not infringe upon the legitimate rights of others, such as the privacy rights of others. The common way of obtaining evidence that easily infringes on others' privacy is the so-called sneak shot. For another example, the court investigation and evidence collection shall be conducted by two or more persons at the same time, and shall not be independently investigated by a judge or clerk, and the judge who should be recused shall not conduct evidence investigation.
4. The procedure is legal:
The evidence procedure is legal. Evidence materials will eventually go through certain litigation procedures. Without the procedures prescribed by law, the evidence still cannot be used as the basis for finalizing the case. This procedure is the cross-examination procedure of evidence. According to the law, evidence should be presented in court and cross-examined by the parties. Evidence without cross-examination cannot be used as the basis for determining the facts of the case. The evidence recognized and recorded by the parties in the process of evidence exchange can be directly used as the basis for determining the facts of the case without cross-examination after being explained by the judge in the trial.
To sum up, written records can be used as final evidence. In addition to written records, the general evidence of criminal facts can also be convicted by witness, physical evidence, video evidence and audio-visual materials, but the premise is that these evidences are reasonable and legal before the court can use them.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 50
All the materials that can be used to prove the facts of the case are evidence.
(2) Written 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.
The evidence must be verified before it can be used as the basis for finalizing the case.