The crime of intentional injury refers to the act of intentionally hurting others' bodies, causing minor injuries, serious injuries or death. According to the provisions of the Criminal Law, the Criminal Procedure Law and relevant judicial interpretations, the reference standards for criminal evidence in such public prosecution cases are:
First, the object of proof
(a) the case of intentional injury has indeed occurred;
(two) the identity of the criminal suspect and the victim;
(3) The criminal suspect intentionally hurts;
(4) The criminal motive and purpose of the criminal suspect;
(five) the time, place, means and consequences of the criminal suspect's criminal act;
(six) the responsibility of the criminal suspect and the relationship with other co-defendants;
(seven) the criminal suspect has the ability of criminal responsibility and litigation;
(eight) whether the criminal suspect has statutory and discretionary sentencing circumstances;
(9) Other facts related to conviction and sentencing;
Second, the evidence requirements
(1) Evidence to prove the process of case discovery and investigation.
Prove the source of the intentional injury case and the investigation process of the case (the process of finding and determining the criminal suspect, bringing the criminal suspect to justice and collecting evidence according to law).
1, report record, arrival process, report materials, etc. If the victim of a minor injury case requests public prosecution, he shall issue a written opinion;
2. Acceptance of criminal case registration form, criminal case filing report, filing decision, investigation report, etc. ;
3, change the jurisdiction to have a case transfer notice.
(2) Evidence to prove the constitution of the crime
1, the evidence of the criminal subject (to prove the basic situation of the criminal suspect, the subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute this crime; Among them, a natural person who has reached the age of 14 but has not reached the age of 16, who intentionally hurts and causes serious injury or death, shall bear criminal responsibility. )
(1) For cases with general subjects, the permanent population registration form or identity card, household registration book, passport, etc. Is necessary.
(2) To verify whether he has reached the age of 14, 16, 18, relevant evidence should be widely collected, such as the hospital birth certificate, the testimony of the neighbors or relevant witnesses in the place of birth about the age of the suspect, the personal resume or the age certificate in the registration forms such as enlistment, enlistment and recruitment; If there is still controversy, the "bone age identification method" should be adopted and combined with other evidence to identify it; If it is impossible to determine the age of the criminal suspect, it shall be determined in accordance with the principle of benefiting the criminal suspect.
(3) If the criminal suspect fails to confess his real name and age and cannot be ascertained, he shall be prosecuted according to his nickname, self-reported name, age or the serial number of the criminal suspect, and the indictment shall be accompanied by a photo of the criminal suspect.
(4) If a criminal suspect's words and deeds reflect that he may suffer from mental illness, a forensic psychiatric appraisal shall be made; If the words and deeds of a criminal suspect or the investigation of his family's genetic diseases, or the testimony of his close relatives reflect that he may suffer from serious diseases and cannot be questioned, his litigation capacity shall be appraised.
(5) The materials of the criminal suspect's legal circumstances such as heavier, lighter and mitigated punishment. If the criminal suspect is a recidivist, he must have criminal judgment of the former crime and a release certificate to determine the former crime and the specific time of release; If a criminal suspect surrenders or reports, the relevant unit or individual shall make an explanation, and the report of a criminal suspect who may be sentenced to death shall be verified clearly before the judgment.
2. Subjective evidence of the crime (proving that the suspect has the crime of intentional injury, rather than other criminal intentions and criminal negligence. )
(1) In the confessions and excuses of criminal suspects and their accomplices, the motive and purpose of intentional injury, the cause and course of the case, the performance after the crime, etc. should be asked. Interrogation should reflect that the subjective mentality of intentional injury is the result of knowing that one's actions will cause or damage the health of others, and hope or let this result happen, rather than causing serious injury, death or excessive defense through negligence.
(2) The statement of the victim in the case of intentional injury should reflect the words and deeds of the criminal suspect who intentionally injured, thus directly confirming the case.
(3) The witness's on-site testimony should reflect the words and deeds of intentionally hurting the criminal suspect, so as to directly confirm the case. The witness testimony contacted by the criminal suspect before and after committing the crime, as well as the testimony of the insider who informed the criminal suspect and the victim of the case, should achieve the purpose of indirectly confirming the intentional injury of the criminal suspect.
(4) Documentary evidence includes letters, notes, telephone records, and evidence that criminal suspects purchased crime tools. Relevant identification work should be carried out to determine the author of documentary evidence such as letters and notes. If the written plan to hurt others is written by the criminal suspect, it reflects his subjective intention of intentional injury.
3. Objective evidence of the crime (ways and means to prove that the criminal suspect intentionally and illegally harmed others' bodies, etc.). )
(1) When a criminal suspect confesses and defends, he should ask about the specific process of planning and intentionally injuring the crime, the methods used, the tools used, the injured part of the victim, the consequences including time, place, reason, purpose, process and result, and the source and destination of the tools used.
(2) The testimony of the victim, witnesses on the spot and insiders, such as relatives of the victim, acquaintances in Lu Yu, witnesses who found the victim and reported the case, should reflect the relevant information involved in the confession and defense of the above-mentioned criminal suspects, that is, they should ask about the cause of the case, the time and place of killing, the process, the number and physical characteristics of the infringers and the respective behaviors of the criminal suspects.
(3) The identification of criminal science and technology needs to prove that the injured part and wound characteristics of the victim can correspond to the criminal suspect's behavior in the criminal process and the weapon used, with the testimony of the criminal suspect's confession, witness testimony, injury examination, hospital medical records, operation records, nursing records, the testimony of medical personnel such as attending doctors and nurses as proof.
(4) The on-site inquest shall comprehensively and objectively reflect the specific geographical location and orientation of the scene, the start time and end time of the on-site inquest, the specific location of the on-site extraction certificate and the location of the corpse, and attach relevant crime photos of the scene. The inspection records shall clearly record the characteristics of the places, articles, people and corpses under inspection. Attention should be paid to collecting physical evidence and documentary evidence found at the crime scene or from the residence, corpse, appraisal office and clothes worn by the suspect when he was arrested, such as the murder weapon, footprint, blood, body fluid, hair and clothes left by the suspect, and making corresponding search transcripts, extraction transcripts, identification transcripts and criminal photos, and making identification conclusions such as blood type, fingerprint, DNA and drug identification in time.
(5) Documentary evidence (letters, notes, telephone recordings and related documentary evidence of victims and criminal suspects arriving at the crime scene). ) It should be proved that the suspect committed intentional injury.
(6) The audio-visual materials formed by the criminal suspect after recording or videotaping the crime shall be continuous and original, and the source shall be explained.
(7) The criminal suspect's injury behavior is inaction, so it is necessary to find out that he has the legal obligation to prevent others from being injured or the obligation brought about by his previous behavior, which can be fulfilled but not fulfilled.
4. Evidence about the criminal object. (It is proved that the criminal suspect's behavior intentionally and illegally harms others' health or harms others' health, that is, it violates others' physical rights. )
(1) The victim's household registration certificate, ID card and other identification documents, the identification records of the victim's relatives and friends and criminal suspects on the body and personal belongings, and DNA identification for those who cannot identify the victim.
(2) Physical evidence, such as extracting the articles carried by the victim and extracting the transcripts.
(3) the testimony of the relatives who were sampled for the same DNA identification about the relationship with the deceased.
(4) The testimony of the victim and his relatives and friends on the victim's physical health before and after the murder should exclude the possibility that the victim was injured or died due to physical reasons.
Three. Matters needing attention in collecting, examining, judging and applying the above evidence:
(1) It is forbidden to extort a confession by torture, extort a confession by torture in disguised form, or obtain it by means or methods prohibited by laws and regulations such as threats, enticements and deception. And the inquiry (inquiry) shall be conducted by two or more investigators (prosecutors), accurately and completely reflecting the original words or intentions of the person being questioned, and the record shall clearly indicate the starting time of the inquiry (inquiry), and the person being questioned shall be present.
(2) The subjective intention of the criminal suspect's intentional injury cannot be determined only by the confession of the criminal suspect, and it cannot be objectively blamed. It is necessary to fully collect evidence such as the cause of the crime, tools for committing the crime, injured (dead) parts, means of committing the crime, and performance after committing the crime.
(three) * * * with the crime, the criminal suspect's respective status and role should be clear.
(four) whether the victim is at fault should be clear.
(5) Attention should be paid to the extraction and identification of items left at the scene, especially those that can link the criminal suspect with the case.
(six) the criminal suspect, the victim and the relevant witnesses to identify the physical evidence, documentary evidence, the crime scene or the criminal suspect.
(seven) when interrogating a criminal suspect in a serious intentional injury case, the whole process of obtaining evidence should be fixed by means of audio and video recording.
(8) If the victim dies, the pathological section shall be saved after autopsy for re-examination.