Whether it is a criminal case or a civil case, it is necessary to have evidence to find out the facts. Without evidence, a criminal case cannot be established. Of course, the evidence of criminal cases needs to be collected by the investigation department through scientific and meticulous investigation according to the clues of the case. Therefore, according to the different clues and evidence, the handling of criminal cases will be different.
1, criminal filing. If the informant reports a criminal case, but can't provide any evidence or provide corresponding clues that can't be verified, the investigation organ shall not file a criminal case.
2. After further investigation, if it is verified that there are no criminal facts or the verified facts do not constitute a crime, the investigation organ shall dismiss the case.
Criminal procedure law
Article 109 When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
Article 3 The public security organs shall be responsible for the investigation, detention, execution of arrest and preliminary examination of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.
In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.
Therefore, after the parties report to the police, they can actively provide clues or corresponding evidence to the public security organs, and at the same time, the public security organs should also conduct investigations and cannot ask the informants to provide evidence. Informants can complain to higher public security organs or procuratorates.
Conditions for filing a case
(a) there are criminal facts
It refers to an objective criminal act that harms society. This is the first condition for filing a case. There are criminal facts, including two aspects
1. If you want to file a case for investigation, it must be an act that constitutes a crime according to the provisions of the Criminal Law. Filing a case should and can only be carried out for criminal acts. If it's not a crime, you can't file a case. There are no criminal facts, or according to the provisions of Article 16 1 of the Criminal Procedure Law, there are illegal acts that endanger society, but the circumstances are obviously minor and the harm is not great, so the case shall not be filed.
Since filing a case is the beginning of crime investigation, the fact that there is a crime at this time only refers to the discovery of criminal acts that endanger society and violate criminal law. As for the whole process of the crime, the specific circumstances of the crime and who the perpetrator is, it is not required to be clear when filing the case. These problems should be solved through investigation or trial activities after filing a case.
2. There must be certain factual materials to prove that the criminal facts did happen. Including criminal acts that have been committed, are being committed and are about to be committed.
(two) need to be investigated for criminal responsibility.
Refers to the criminal responsibility of criminals who should be investigated according to law. Only the criminal facts that need to be investigated for criminal responsibility according to law, when the criminal facts happen and need to be investigated for criminal responsibility according to law, are necessary and should be put on file.
According to article 16 of the Criminal Procedure Law, although a crime has occurred, the limitation of prosecution has expired; Exempt from punishment through Amnesty; Failing to tell or withdraw a crime that should be dealt with according to the criminal law; The suspect is dead; If other laws exempt criminal responsibility, criminal responsibility shall not be investigated.
If there is no direct evidence, but all indirect evidence is used for conviction, the following rules must be met.
1, the evidence has been verified;
2. The evidence confirms each other, and there are no contradictions that cannot be ruled out or unexplained questions;
3. The evidence of the whole case has formed a complete proof system;
4. According to the evidence, the facts of the case are sufficient to exclude reasonable doubt, and the conclusion is unique;
5. Evidence-based reasoning conforms to logic and experience.
If a series of indirect evidence put forward by the prosecution can't meet the above requirements, specifically, if the chain of evidence can't be formed in seven elements: time, place, person, thing, reason and course, the defendant can't be proved guilty by indirect evidence rules.
The principle of using indirect evidence to finalize the case
The use of indirect evidence to finalize the case has the following principles:
1. Indirect evidence must be verified. According to the Criminal Procedure Law, investigators must collect all kinds of evidence according to legal procedures. Indirect evidence of all self-investigation cases is no exception, and it must be collected according to the procedures and methods prescribed by law in order to realize its own certainty. If indirect evidence is collected by illegal methods such as extorting a confession by torture, threats, inducements and deception, the conclusion of the facts of the case cannot be consistent with the objective truth of the case. Therefore, the indirect evidence involved in each self-investigation case, such as witness testimony, material evidence documentary evidence, expert conclusion, on-site investigation record, etc., should be verified to distinguish the authenticity.
2. Indirect evidence must be objectively related to the facts of the case. The connection between indirect evidence and the facts of the case has many forms, some reflect the cause or result of the main facts of the case, and some are the conditions of the facts of the case; Other evidence, such as proving the authenticity of a certain evidence or excluding other possibilities, is also objectively related to the facts of the case. What facts are related to the facts of the case, investigators should analyze and determine according to the specific circumstances of each case. Because a single indirect evidence can't clearly show whether it is related to the facts of the case, it must be combined with other indirect evidence to judge this connection. Therefore, investigators must objectively and seriously analyze the indirect evidence of the whole case, and on this basis, find out the objective connection between the indirect evidence and the facts of the case to avoid artificial subjective speculation and far-fetched.
3. Indirect evidence must form a complete proof system and form a chain. Objectively speaking, an indirect evidence can only prove a certain fragment of the facts of the case. Only by collecting all the circumstantial evidence that can prove each fragment and finding out the interrelation between them can we form a complete proof system and form a chain, so that every circumstantial evidence becomes one of the links, interlocking, so that every link does not fall off, and all the facts of the case can be ascertained. If circumstantial evidence is just a bunch of facts that can't be combined with each other, or it is only related to the facts of the case but can't prove every link of the case, then even if there are more circumstantial evidence, it can't be finalized.
4, indirect evidence and they must be coordinated with the facts of the case, there is no contradiction. In the process of handling a case, investigators must ensure that there is no contradiction between indirect evidence and the facts of the case. If contradictions are found, we should continue to collect evidence, conduct in-depth investigation and study, and reasonably eliminate contradictions. Otherwise, we can't force a final decision.
5. The proof system formed by indirect evidence is enough to exclude other possibilities, and the conclusion must be unique. The proof system of indirect evidence should not only show that this conclusion is valid, but also show that any other conclusion is impossible. Only in this way can we have unshakable probative force, thus eloquently proving the facts of the case.
For some cases, the evidence is diverse, and you can extract relevant evidence from many aspects. Therefore, if you have any questions about the trial of some cases in your daily life, you can consult relevant lawyers and they will answer them one by one.