Article 52 of the Interpretation of the Criminal Procedure Law of the High Court stipulates that the facts of the case that need to be proved by evidence include: 1. The identity of the defendant; 2. Whether the alleged criminal act exists; 3. Whether the alleged behavior was carried out by the defendant; 4. The defendant is innocent, and the motive and purpose of the act; 5. The time, place, means and consequences of the act; 6. The responsibility of the defendant and the relationship with other co-defendants; 7. Whether the defendant's behavior constitutes a crime, and there are circumstances that cannot be determined or decided to be heavier, lighter, mitigated or exempted from punishment; 8. Other facts related to conviction and sentencing.
The specific scope of the object of proof in criminal proceedings in China mainly includes: 1. The fact of constitutive elements of a crime. 2. The facts of various sentencing circumstances as the severity of crimes and punishments. 3. Facts that need to be proved to solve criminal litigation problems. 4. Other facts that need to be proved by evidence.
The burden of proof, also known as the burden of proof, means that the judicial organ or some parties should collect or provide evidence to prove the facts of the case that should be recognized or the responsibility that is conducive to their own claims, otherwise they will bear the danger that their recognition and claims will not be established. The burden of proof in China's criminal proceedings means that the public security and judicial organs should bear the legal responsibility of collecting evidence, providing evidence and proving the facts of the case.
Burden of proof: 1. The responsibility of proving the guilt of a criminal suspect or defendant shall be borne by the state specialized organs that perform the function of accusation in criminal proceedings, namely the people's procuratorate and the public security organs. 2. The private prosecutor in a private prosecution case shall bear the burden of proof for his own complaint. If the defendant files a counterclaim in a private prosecution case, the defendant has the litigation role of a private prosecutor and bears the corresponding burden of proof for his counterclaim. 3. Criminal suspects and defendants generally do not bear the responsibility of proving their innocence. However, the law does not give the defendant the right to remain silent. A criminal suspect shall truthfully answer the questions of investigators, but may refuse to answer questions irrelevant to the case. As an exception that the criminal suspect and the defendant do not bear the burden of proof, it is a case of "the source of huge property is unknown". For such cases, the judicial organs still bear the burden of proof first. When the judicial organs collect enough evidence to prove that the property and expenditure of a national staff obviously exceed the legal income, and the difference is huge, the burden of proof shifts to the criminal suspect, that is, the source of the difference must be explained legally. If it cannot be explained, the difference shall be regarded as illegal income. The people's court does not bear the burden of proof.
Sample solution
Regarding the burden of proof sharing in China's criminal proceedings, the following statement is correct: (2005/2/97, indefinite item)
A. A criminal suspect shall truthfully answer the investigators' questions and bear the responsibility of proving his innocence.
The private prosecutor has the responsibility to provide evidence to prove his accusation.
C. When defending innocence, lawyers must bear the responsibility of providing evidence to prove their claims.
D in cases where the source of huge amounts of property is unknown, the procuratorial organ shall prove that the property of state functionaries obviously exceeds their legitimate income, with a huge difference.
The existence of this fact
[Answer and analysis] BD. Sharing the burden of proof in inspection.
Legal link
Criminal Procedure Law of the People's Republic of China
Article 162 After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel made the following judgments after deliberation based on the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.
Interpretation of the People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)
Article 52 The facts of a case that need to be proved by evidence include:
(1) the identity of the defendant;
(2) Whether the alleged criminal act exists;
(3) Whether the alleged behavior was carried out by the defendant;
(4) The defendant is innocent, and the motive and purpose of his actions;
(five) the time, place, means and consequences of the act;
(6) The responsibilities of the defendant and the relationship with other co-defendants;
(seven) whether the defendant's behavior constitutes a crime, and there are circumstances that cannot be determined or decided to be heavier, lighter, mitigated or exempted from punishment;
(8) Other facts related to conviction and sentencing.