Is the victim's first confession important in criminal cases?

Important. The first copy is usually called the original material. Because the victim or criminal suspect is influenced by others or other factors, it is the most common phenomenon in judicial practice that he will make a favorable statement on the case in the subsequent investigation. Therefore, in this case, it is particularly important that the first material is the original material.

Legal analysis

Confession refers to the words related to the case orally stated by the defendant. The public security and judicial organs must adhere to the principles of seeking truth from facts, emphasizing evidence, emphasizing investigation and research, and not trusting confessions. The confession can only be used as evidence if it is verified. If there is only a confession and no other evidence, the defendant cannot be found guilty; If there is no confession and the evidence is indeed sufficient, the defendant can be found guilty. The victim's confession is one of the legal evidences stipulated in China's criminal procedure law. Its objective authenticity is of great significance in criminal proceedings. Whether a criminal suspect has committed a crime or not, he knows best. If he can truthfully confess, he can tell all the facts of the case, thus becoming the most detailed and authentic evidence reflecting the facts of the case. Even if the case is not committed by the defendant, he knows better than others and can fully state the reasons that have nothing to do with him. Therefore, the true confession, whether guilty or innocent, may become strong evidence. Whether a criminal suspect has committed a crime or not, he knows best. Facts have proved that the confession that conforms to the objective situation of the case after investigation and verification can make the case under investigation stand out quickly. From this perspective, the role of confession is indeed unique and irreplaceable. This is also the reason why confession has always been valued in the investigation stage.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 50 All materials that can prove the facts of a case are evidence. Evidence includes: (1) physical evidence; (2) Documentary evidence; (3) Testimony of witnesses; (4) the victim's statement; (5) confessions and excuses of criminal suspects and defendants; (6) Appraisal opinions; (7) Records of the inquest, inspection, appraisal, investigation and experiment; (8) Audio-visual materials and electronic data. The evidence must be verified before it can be used as the basis for finalizing the case.

Article 52 Judges, prosecutors and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of crimes. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt. It is necessary to ensure that all citizens who are related to or know the case have the conditions to provide evidence objectively and fully, and they can be hired to assist in the investigation except in special circumstances.