Tips for criminal defense lawyers in handling criminal cases: what evidence can't be used as the basis for deciding a case?

1. Documents and physical evidence. The Provisions on Several Issues Concerning the Examination and Judgment of Evidence in Handling Death Penalty Cases states that the physical evidence and documentary evidence obtained by inquest, inspection, search and seizure, which are not accompanied by the record of inquest, inspection, search, extraction and seizure, cannot be used as the basis for finalizing the case. 2. Eyewitness testimony. The Provisions on Several Issues Concerning the Examination and Judgment of Evidence in Handling Death Penalty Cases states that witness testimony obtained by illegal means such as violence or threats cannot be used as the basis for finalizing the case. The testimony provided by the witness that he was obviously drunk, poisoned by narcotic drugs or drugged by psychotropic drugs, so that he could not express it correctly, cannot be used as the basis for finalizing the case. The speculative, critical and inferential testimony of a witness cannot be used as evidence unless it is judged to be true according to general life experience. 3. The testimony of a witness in one of the following circumstances cannot be used as the basis for deciding a case: ① the testimony obtained by questioning the witness without personal behavior; (2) Written testimony without verification, signature (seal) or fingerprinting by witnesses; (3) Failing to provide an interpreter when asking deaf-mute or ethnic minority people and foreigners who are not familiar with the local spoken and written languages. 4. The people's court shall notify witnesses in any of the following circumstances to testify in court; If the written testimony of a witness who has been notified not to testify in court according to law cannot be confirmed by cross-examination, it cannot be used as the basis for finalizing the case: ① the people's procuratorate, the defendant and their defenders have objections to the testimony of the witness, which has a significant impact on conviction and sentencing; Other persons that the people's court deems necessary to testify in court. The victim's statement is the same as the witness's testimony. 6. The appraisal opinion can not be used as the basis for finalization in any of the following circumstances: ① The appraisal institution does not have the statutory qualifications and conditions, or the appraisal matters exceed the project scope or appraisal ability of the appraisal institution; The appraiser does not have the legal qualifications and conditions, the appraiser does not have the relevant professional skills or titles, and the appraiser violates the withdrawal regulations; ③ The appraisal procedures and methods are wrong; (4) The appraisal opinion has nothing to do with the object of proof; (five) the identification object is inconsistent with the materials and samples submitted for inspection; ⑥ The source of the materials and samples submitted for inspection is unknown or indeed polluted, which does not meet the appraisal conditions; (seven) in violation of the specific evaluation criteria; The identity document lacks signature and seal; Pet-name ruby other circumstances in violation of relevant regulations. 7. Records of inquest and inspection. The transcripts of the inquest and inspection obviously do not conform to the laws and relevant regulations, and cannot be used as evidence without reasonable explanation or explanation. 8. Audio-visual materials under any of the following circumstances cannot be used as the basis for finalizing the case: ① the authenticity of the audio-visual materials cannot be determined after examination and appraisal; (two) there are objections to the time, place and method of making and obtaining audio-visual materials, and it is impossible to make a reasonable explanation or provide necessary proof.