1. Legitimacy means that the subject, procedure and form of evidence comply with the law from the perspective of norms;
2. Objectivity means that evidence comes from subjective experience and reflects objective facts;
3. Relevance means that there is a substantial connection between the evidence and the facts to be proved logically.
The review and analysis of the "three natures" of evidence is not limited to being conducted by judges in court. In fact, public security and judicial organs, including investigation organs, procuratorial organs and courts, and defenders should review and analyze the evidence collected by themselves or others in criminal proceedings. In the investigation stage, investigators must review and analyze the evidence materials collected by themselves to confirm that the evidence proving the facts of the case is legal, relevant, objective and true. On this basis, after confirming that the facts of the crime are clear and the evidence is indeed sufficient, it can be transferred to the procuratorate for review and prosecution.
What are the three judgment skills of criminal evidence?
First, the legitimacy judgment. The legitimacy of evidence, focusing on form, mainly solves the problem of evidence qualification, that is, the problem of proof ability.
1. The form of evidence shall conform to the legal classification of procedural law.
2. The subject of evidence collection should be qualified, and the methods and procedures of evidence collection should be legal.
Second, the authenticity judgment. The authenticity of evidence means that the facts or contents expressed by evidence are true, not imaginary or fictional.
1, the law of interest. If the evidence has an interest in the result or the parties concerned, it will usually affect the authenticity of the words.
2. Logical rules of life. If there is a logical error in causal order in verbal evidence, the authenticity of the content is in doubt.
3. Mutual recognition of laws. If the contents and details of the evidence are consistent, it means that they can be mutually confirmed and the authenticity is significantly enhanced. For example, incoming evidence is best confirmed by original evidence.
4. As far as verbal evidence is concerned, the closer it is to the time when the case occurred, the stronger its authenticity.
Third, relevance judgment. The relevance of evidence means that evidence must be closely related to the facts to be proved and has the property of proving the facts to be proved.
1, previous behavior types, such as "criminal record behavior", can not be used as evidence of conviction, but can be used as evidence of sentencing.
2, conduct evidence, not as evidence of conviction, but as evidence of sentencing.
3. Facial expression evidence can neither be used as conviction evidence nor as sentencing evidence.
Legal basis:
Provisions of the Supreme People's Court on Evidence in Civil Procedure
Article 50 During cross-examination, the parties concerned shall question, explain and debate the authenticity, relevance and legality of the evidence, as well as whether the evidence has probative force and its magnitude.
Criminal Procedure Law of the People's Republic of China
Article 139 The authenticity of evidence shall be examined in combination with the evidence of the whole case. The probative force of evidence should be examined and judged according to the specific circumstances, from the aspects of the correlation between evidence and the facts of the case, and the connection between evidence.