1. What is the evidence stipulated in the Criminal Procedure Law?
1. Material evidence refers to all items and traces that prove the true situation of a case by its material attributes, external characteristics and existing conditions.
2. Documentary evidence refers to written materials or other material materials that prove the true situation of a case, record its contents and reflect its thoughts.
3. Witness testimony refers to the statement made by the witness to the public security and judicial organs about the case he knows.
4. Victim's statement refers to the criminal victim's statement of his own victimization and other circumstances to the public security and judicial organs.
5. The confessions and excuses of criminal suspects and defendants refer to the statements made by criminal suspects and defendants to investigators, prosecutors and judges on relevant cases. The content mainly includes the confession of admitting one's guilt and the defense of explaining one's innocence and light crime.
6. The expert opinion refers to the written conclusion made by the expert appointed or hired by the public security and judicial organs to identify the special issues in the case.
7, inquest, inspection, identification, investigation and other records;
8. Audio-visual materials and electronic data refer to information stored in audio, video, computers or other high-tech equipment to prove the true situation of a case.
Second, what should the police do if they lose the evidence of the case?
If the police lose the evidence of the case, the parties may report and accuse it to the people's police organ, the people's procuratorate or the administrative supervision organ.
According to Article 46 of the Police Law of the People's Republic of China, citizens or organizations have the right to report and accuse the people's police organs, people's procuratorates and administrative supervision organs of violations of law and discipline. The organ that accepts the report and complaint shall promptly investigate and deal with it, and inform the prosecutor and complainant of the investigation results. No one may suppress or retaliate against citizens or organizations who report or accuse according to law.
Third, does it matter if the original evidence is lost?
According to the fourth paragraph of Article 69 of the Supreme Court's Several Provisions on Civil Procedure, copies and reproductions that cannot be checked with the original and the original cannot be used as the basis for separately determining the facts of the case. Therefore, the loss of original evidence is very unfavorable to the litigants. If the facts to be proved cannot be proved by evidence, the court may make an unfavorable judgment. Please keep the original evidence properly.
Legal objectivity:
It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods. Article 45 stipulates: "People's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant units and individuals." This shows that the burden of proof is not only a right, but also an obligation and the duty of judicial personnel. In addition, articles 12, 46, 150 and 162 of the law also stipulate the burden of proof. These provisions clearly stipulate that in public prosecution cases, the burden of proof to prove the constitution of a crime is mainly borne by the procuratorate, that is, if the public prosecution organ provides the court with evidence to prove the defendant's guilt, it will bear the losses. The procedure of giving evidence in court trial is one of the main contents of the revision of 1997 Criminal Procedure Law, which changes the presentation and reading of evidence by judges to that by prosecutors and defenders. This change in the role of proof highlights the role of prosecutors and defenders in court investigations, obviously enhances the confrontational color of criminal trials, and also shows the trend of the transformation of litigation procedures from authoritarianism to litigation in China. The inversion of burden of proof means that the other party bears the burden of proof for some reason. In criminal proceedings, the core of the inversion of burden of proof is that the plaintiff does not have to prove whether the defendant has a criminal fact, but assigns this responsibility to the defendant. Obviously, the inversion of the burden of proof breaks through the rule of "who advocates and gives evidence", which is essentially different from the so-called transfer of the burden of proof between the prosecution and the defense without exempting either party from the burden of proof in litigation. The provisions of some crimes in China's criminal law embody the principle of inversion of the burden of proof, such as the provisions of Article 395 of the Criminal Law on the crime of unclear source of huge amounts of property, the crime of illegal possession, such as the crime of illegal possession of guns and ammunition, the crime of illegal possession of drugs, the explanation of the whereabouts of stolen money and goods in job-related economic crimes, and the crimes of violating citizens' personal rights and democratic rights committed by state organs by taking advantage of their functions and powers, including the crime of extorting confessions by torture, the crime of illegal detention, the crime of violent evidence collection, and the crime of ill-treatment of detainees. Other aspects that need to be reversed include the responsibility ability and mental state of criminal suspects and defendants. If only the prosecution's proof is denied, there is no need to provide evidence to prove it. Only when the criminal suspect and the defendant actively claim that something is real, and if they can prove that they are not at the crime scene but in other places, they need evidence to prove it.