1. What exactly does the scope of illegal evidence include?
1. Law enforcement agencies violate relevant legal procedures and create false evidence materials collected by investigation;
2, ultra vires or abuse of power, produce or collect evidence;
3. Evidence produced and investigated by lawyers or clients by illegal means;
4. Evidence obtained by other abnormal means collected by law enforcement agencies after investigation and evidence collection.
Second, what is the process of excluding illegal evidence?
1, the program starts.
In the process of court investigation, the defendant has the right to put forward the opinion that his pre-trial confession was illegally obtained, and provide relevant clues or evidence.
2. Preliminary examination by the court.
After the procedure is initiated, the court shall conduct a review. If the collegial panel has no doubt about the legality of the defendant's pre-trial confession, it may directly investigate the criminal facts accused of prosecution; If there is doubt about the legality of the confession, the prosecutor will prove the legality of the evidence collection.
3. The prosecution proved.
The public prosecutor shall provide the court with interrogation transcripts, original audio and video recordings or other evidence, and ask the court to notify other people who participated in the interrogation or other witnesses to testify in court. If the suspicion of extorting a confession by torture cannot be ruled out, the court shall require the interrogators to testify in court to prove the legality of the confession.
4. Cross-examination by both parties.
After the public prosecutor gives evidence, both the prosecution and the defense can cross-examine and debate the legality of the defendant's pre-trial confession.
5. The court handled it.
The court ruled on the legality of the defendant's pre-trial confession: the public prosecutor's proof is true and sufficient, which can rule out that the defendant's pre-trial confession was illegally obtained, and the court confirmed the legality of the confession and allowed it to be read and cross-examined in court; Otherwise, the court ruled out the confession and did not take it as the basis for finalizing the case.
3. What are the requirements for conviction evidence in criminal cases?
(1) There is evidence to prove the fact of conviction and sentencing;
(2) The evidence on which the final decision is based has been verified through legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.
In our country, both administrative criminal and civil litigation activities are conducted around evidence, but no matter what kind of legal and effective evidence is adopted by the people's court, for example, in civil litigation, the evidence provided by the original defendant has a cross-examination link, while in criminal litigation, if the criminal suspect thinks the relevant evidence is illegal, he can also request the people's court to exclude illegal evidence.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 56 of the Criminal Procedure Law.
The confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture, witness testimony and victim statements collected by illegal methods such as violence and threats should be excluded. If the collection of material evidence and documentary evidence does not conform to legal procedures and may seriously affect judicial justice, it shall be corrected or a reasonable explanation shall be made; If it cannot be corrected or a reasonable explanation cannot be given, the evidence shall be excluded.
Evidence that should be excluded during investigation, examination, prosecution and trial shall be excluded according to law and shall not be used as the basis for prosecution opinions, prosecution decisions and judgments.
Article 57
If a people's procuratorate receives a report, charges, reports or finds that investigators collect evidence by illegal means, it shall conduct investigation and verification. If the evidence collected by illegal means is true, it shall put forward rectification opinions; If a crime is constituted, criminal responsibility shall be investigated according to law.