1, physical evidence that can prove the fact of fraud;
2. Documentary evidence such as fraudulent transfer records and account books;
3. The witness's statement of the known case;
4. The victim's statement about his victimization and other circumstances related to the case;
5 confessions and excuses of fraud suspects and defendants;
6, inspection, inspection records, etc.
Fraud cases generally need to find evidence of criminal fraud. The burden of proof that the defendant is guilty in a public prosecution case shall be borne by the people's procuratorate, which has the right to collect and obtain evidence from relevant units and individuals. However, the law prohibits extorting confessions by torture and collecting evidence by threatening, luring or cheating.
I. Physical evidence
Physical evidence refers to all items and traces that prove the true situation of a case. Such as crime tools, stolen money, fingerprints, footprints, objects infringed by criminal acts, articles produced by criminal acts, etc., may expose the crime and capture the physical objects and traces of criminal suspects. The characteristics of material evidence are proved by its external characteristics, article attributes and existence conditions. Physical evidence is objective and easy to verify. It is not only widely used in proving activities, but also plays an irreplaceable role in other evidence.
Second, documentary evidence
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. When understanding the concept of documentary evidence, we should fully note that modern advanced technology provides more and more means for people to communicate with each other. As we all know, documentary evidence is usually expressed in words, but it can also be charts or symbols. The common tools for forming documentary evidence are paper and pen, but they are not limited to this.
Three. Witness's testimony
Witness testimony refers to the statement made by the witness to the public security and judicial organs about the case he knows. Witness testimony is generally an oral statement, which is fixed by a written record; The case handler agrees that the written testimony written by the witness is also the testimony of the witness.
Fourth, the victim's statement
The victim's statement refers to the criminal victim's statement of his own victimization and other circumstances to the public security and judicial organs. If the private prosecutor and the plaintiff in an incidental civil action are victims, their statements are also victim statements.
V confessions and excuses of criminal suspects and defendants
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. Also known as "confession". Its contents mainly include confessions of criminal suspects and defendants admitting their guilt and excuses explaining their innocence and light crimes.
Evaluation conclusion of intransitive verbs
Expert conclusion refers to the written conclusion made by the experts appointed or hired by the public security and judicial organs after appraising the specialized issues in the case. There are many professional problems that need to be identified in criminal cases, such as forensic medicine identification, forensic psychiatry identification, handwriting identification, trace identification, chemical identification, accounting identification and technical identification.
Seven, the inquest and inspection record
(a) record of inquiry
The record of inquest refers to the records made by the case-handling personnel when they investigate and inspect the places, articles, traces and bodies related to the crime. Including written records, drawings, photos, videos, models and other materials. Records of inquests can be divided into records of on-site inquests, records of physical evidence inspection, records of corpse inspection, records of investigation experiments, etc.
(2) Inspection records
Inspection record refers to the objective record made by the case-handling personnel after inspection and observation in order to determine some characteristics, injuries or physiological conditions of the victims, criminal suspects and defendants. Inspection records are mainly written records, and other methods that are conducive to accurate and objective records can also be adopted.
Eight. audio-visual material
Audio-visual materials refer to information stored in audio and video recordings, electronic computers or other high-tech equipment, which proves the true situation of a case. Audio-visual materials are important products and advanced achievements of modern high-tech development, and their application in criminal proceedings is also one of the important signs of the development of legal research and judicial practice.
Legal basis:
Article 50 of the Criminal Procedure Law
All the materials that can be used to prove the facts of the 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.