The evidence must be in legal form and verified by legal procedures. The legitimacy of evidence is an important guarantee for the objectivity and relevance of evidence, and it is also an important requirement for evidence to have legal effect.
The evidence itself must be true and reliable. Legality means that evidence can only be collected, fixed, preserved, examined and appraised by judges, prosecutors, investigators and parties in accordance with legal procedures.
The three characteristics of civil litigation evidence mainly refer to authenticity, legality and relevance. Authenticity means that the formation process of an evidence itself is objective and true, not deliberately forged by the party presenting the evidence, and its content can objectively reflect the facts to be proved.
Extended data:
According to the Criminal Procedure Law and relevant judicial interpretations, the legal requirements for the legality of evidence include:
1. Evidence must be collected by legal personnel. According to China's criminal procedure law, the legal personnel who collect evidence include prosecutors, judges, parties, their defenders and agents. Evidence that is not collected by the above-mentioned statutory personnel is not considered to have evidential capacity by law.
2. Evidence must be collected according to legal procedures. China's criminal procedure law has made detailed provisions on the procedures for legal personnel to collect evidence. These procedural provisions relate to the methods, means, steps and ways of collecting evidence.
3. Evidence must be of legal type. In order to ensure the objectivity of the content of evidence in form, China's laws clearly stipulate the types of evidence.
According to Article 42 of the Criminal Procedure Law, criminal evidence includes the following seven types, namely: physical evidence and documentary evidence; Witness testimony; The victim's statement; Confessions and excuses of criminal suspects and defendants; Appraisal conclusion; An inquest and examination of transcripts and audio-visual materials.
4. The evidence must have a legal source. Legal source means that the way to obtain evidence must meet the conditions prescribed by law. The source of evidence is stipulated by law, including that the subjects providing evidence are criminal suspects, defendants, victims, witnesses and expert witnesses, not others.
The law also stipulates certain conditions for the subject who provides evidence. For example, witness testimony must be provided by qualified witnesses.
5. The evidence must be legal. Articles 95 and 99 of the Criminal Procedure Law respectively stipulate that the defendant's confession, witness testimony and victim's statement obtained by investigation and interrogation shall be signed or sealed by the interrogator and the interrogated.
The inspection record shall be signed or sealed by the participants and witnesses; The appraisal conclusion shall be signed by the appraiser; Audio-visual materials shall be accompanied by a written explanation of the producer, production time, place, object, production technology and equipment. The purpose is to prove that their sources are legal channels.
6. Evidence must be verified through legal procedures. The criminal procedure law stipulates that evidence must be verified before it can be used as the basis for deciding a case. Witness testimony must be interrogated and cross-examined by the public prosecutor, the victim, the defendant and the defender in court.
Physical evidence must be presented in court for the parties to identify; Documents such as testimony transcripts, expert conclusions and inspection transcripts of witnesses who have not testified in court shall be read out in court to listen to the opinions of the public prosecutor, parties, defenders and agents ad litem.
Baidu Encyclopedia-Evidence