Evidence in criminal proceedings refers to all the facts that can prove the true situation of a case in the form prescribed by law. This definition summarizes the basic characteristics of litigation evidence and reflects the essential attributes of evidence. Based on the unification of legislation, the three major procedural laws should have a unified understanding of the concept of evidence. The types of evidence refer to various external forms that show the factual content of evidence. The type of evidence is actually the legal classification and legal form of evidence. The classification of evidence types is legally binding, and evidence materials without legal form cannot be included in the litigation track. Paragraph 2 of Article 42 of the Criminal Procedure Law stipulates seven kinds of evidence: (1) physical evidence and documentary evidence; (2) Testimony of witnesses; (3) the victim's statement; (4) confessions and excuses of criminal suspects and defendants; (5) Evaluation conclusion; (6) Records of inquests and inspections; (7) Audio-visual materials. This shows that only the above-mentioned legal forms of evidence can enter criminal proceedings, but the evidence with legal forms is not necessarily objective and relevant. For example, physical evidence may be forged, witnesses may lie, and statements of criminal suspects and defendants may contain false words. Therefore, when understanding and mastering the types of evidence, we should fully understand the concept of evidence and understand that all the facts that can prove the true situation of the case pointed out in Article 42 1 of the Criminal Procedure Law are the connotations embodied in evidence. At the same time, we should pay special attention to understand the third paragraph of Article 42 of the Criminal Procedure Law: the above evidence must be verified before it can be used as the basis for deciding a case. From this, we can understand the close logical relationship between the above three legal provisions. 1. 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. For example, clues can be provided to determine the direction of investigation, and sometimes cases can be cracked and suspects arrested with the help of physical evidence; Physical evidence can be used to identify the authenticity of other evidence; Urge criminal suspects and defendants to confess their crimes, etc. Collecting material evidence is an important duty of public security and judicial organs. The collection of material evidence is mainly carried out by means of inquest, inspection, search and seizure. The material evidence collected and retrieved shall be the original. Only when the original object is inconvenient to carry, unsuitable for preservation or should be returned to the victim according to law can photos and videos reflecting the shape or content of the original object be taken. Photographs and videos of material evidence have the same probative force as the original only if they are checked correctly with the original or verified by identification. Photographs and videos of material evidence shall be taken by at least two producers, accompanied by a written description of the production process and a description of the storage place of the original materials, and shall be signed or sealed by the producers. All the collected physical evidence should be properly kept, and no one can use it, let alone destroy it; Physical evidence that may cause environmental and spiritual pollution shall be preserved and disposed of in accordance with relevant regulations. Physical evidence that can be attached to a case shall be attached for preservation. When transferring a case, the material evidence shall be transferred together with the case file. 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. 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 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. Article 48 of China's Criminal Procedure Law stipulates that anyone who knows the circumstances of a case has the obligation to testify. People who are physically and mentally defective or young and unable to distinguish right from wrong or express correctly cannot testify. Therefore, the witness should be an individual citizen who knows the case, can distinguish right from wrong and correctly express it except the party concerned, and the unit cannot be a witness. In view of the fact that the witness's identity is determined by his perception of the case and the corresponding proof relationship between the cases objectively, it is irreplaceable and cannot be replaced by the case handlers at will; The witness himself shall not testify only in his personal opinion or refuse to testify; Witnesses must personally state or write their testimony, and generally cannot entrust others to act as agents except the case-handling personnel who make transcripts. This "irreplaceable witness" feature also determines the priority of witnesses, that is, when the identity of witnesses in litigation is formed, they will not be able to serve as investigators, prosecutors, judges, appraisers and translators in litigation. Four, the victim's statement of the victim's statement refers to the criminal victim to the public security and judicial organs to state their own victimization and other cases related to the case. If the private prosecutor and the plaintiff in an incidental civil action are victims, their statements are also victim statements. There are two kinds of victim statements: one is a victim statement that has direct contact with criminals or has heard or witnessed criminal acts. This statement can directly identify the criminal process and the characteristics of criminals, and is often direct evidence. The other is that the victim stated that he had no direct contact with the criminal or heard or witnessed the criminal act. The content of this statement is not as rich and specific as the former. 5. Statements and excuses of criminal suspects and defendants refer to 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. It is generally believed that the nature and content of crimes accused by criminal suspects and defendants should be properly analyzed. Only the criminal suspects and defendants who commit the same crime report and expose the criminal facts of other criminals will it be a confession, otherwise it will be witness testimony. The statements and excuses of criminal suspects and defendants should be oral statements and fixed in the form of transcripts. At the request of the criminal suspect, defendant or case-handling personnel, the criminal suspect and defendant may also write their own confessions. The appraisal conclusion of intransitive verbs refers to the written conclusion made by the appraisers 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. Expert conclusion is an expert's analysis and judgment opinion on a special problem from the perspective of science and technology, rather than an objective statement of facts directly perceived or hearsay. So unlike witness testimony, a witness can't be an expert at the same time. If the person appointed or hired already knows the case before the lawsuit, he can only be a witness, not an expert witness. 7. Records of the inquest and inspection (1) Records of the inquest and inspection refer to the records made by the case-handling personnel during the investigation and inspection of places, articles, traces and bodies related to crimes. 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. Because the record of the inquest is an objective record of the object of the inquest by the case-handling personnel in accordance with legal procedures and using certain equipment and technical means, which is objective and reliable. Its main function is to fix the evidence and its various characteristics for further research and analysis, thus helping to find and collect evidence, determine the direction of investigation, expose and confirm criminals, identify the authenticity of other evidence and determine the facts of the case. Whether the record of the inquest is comprehensive and accurate is often influenced by subjective factors and objective conditions, and it must be examined and verified before it can play its role as the basis for finalizing the case. (2) Inspection records Inspection records refer to the objective records made by the case-handling personnel after inspection and observation in order to determine certain 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. Physical examination must be carried out in strict accordance with legal procedures, and when necessary, personnel with specialized knowledge can be assigned or hired to assist the case handlers. The record of the inquest and the conclusion of the appraisal are two different kinds of evidence and cannot be confused. The main differences between them are as follows: (1) Records of inquests and inspections are made by case-handling personnel, and expert conclusions are made by appraisers appointed or hired by case-handling organs; (two) the record of the inspection is an objective record of what you have seen and heard, and the main content of the appraisal conclusion is scientific analysis and judgment; (3) The records of inquests and inspections are mostly for solving general problems, while the expert conclusion is for solving special problems in the case. 8. Audio-visual materials Audio-visual materials refer to information stored in audio recordings, 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. Audio-visual materials have the following characteristics: (1) various forms, strong intuition, objective truth and rich content; (2) easy storage, small occupied space and convenient transmission and transportation; (3) Repeatable, easy to use as evidence, and easy to operate during examination and verification; (4) the possibility of being forged or altered; (5) Require high technical content, and constantly update and change with the development of science and technology.
Legal objectivity:
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