1. Legal evidence; 2. Illegal evidence (illegal evidence, defective evidence): illegal evidence collection procedure, illegal evidence content and illegal evidence form.
1. Forced exclusion; 2. Remediable exclusion.
Criminal Procedure Law, Interpretation of the Supreme People's Court, Rules of Criminal Procedure of People's Procuratorate, Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Handling Criminal Cases, Provisions on Several Issues Concerning the Examination and Judgment of Evidence in Handling Death Penalty Cases, Provisions on Several Issues Concerning the Strict Exclusion of Illegal Evidence in Handling Criminal Cases, Rules on the Exclusion of Illegal Evidence in Handling Criminal Cases by People's Courts (Trial), Implementation Opinions on Comprehensively Promoting the Reform of Criminal Procedure System with Trial as the Center, Opinions on Establishing and Perfecting the Working Mechanism for Preventing Misjudged Criminal Cases, Provisions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Procedures of Drug Extraction, Seizure and Weighing, Sampling Inspection of Drug Crime Cases, Provisions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Collection, Extraction, Examination and Judgment of Electronic Data in Criminal Cases, and Provisions of the People's Procuratorate on Handling Cybercrime Cases.
1. confessions of criminal suspects and defendants collected by illegal means such as extorting confessions by torture shall be excluded.
2. The verbal evidence collected by illegal methods such as extorting confessions by torture, violence and threats shall be excluded according to law.
3. Confessions made against the will of criminal suspects and defendants by violent means such as beatings, illegal use of restraints or disguised corporal punishment shall be excluded.
4. Confessions made against the defendant's will by threatening violence or seriously damaging the legitimate rights and interests of himself and his close relatives shall be excluded.
5. The confessions of criminal suspects and defendants collected through illegal detention or other illegal restrictions on personal freedom shall be excluded.
6. The method of extorting a confession by torture is used to make the criminal suspect or defendant confess, and then the criminal suspect or defendant repeatedly confesses under the influence of extorting a confession by torture, which shall be excluded. Except in the following cases:
(1) In the process of investigation, the criminal suspect voluntarily confessed according to the accusation, report or self-discovery, which was confirmed by the investigation organ or could not be ruled out by using illegal methods to collect evidence instead of investigators, and informed other investigators of their litigation rights and the legal consequences of pleading guilty during re-interrogation;
(2) In the process of examining arrest, prosecution and trial, prosecutors and judges informed the litigation rights and the legal consequences of recanting during interrogation, and the suspects and defendants voluntarily recanted.
7. Do not exclude confessions obtained by interrogation outside the prescribed case handling place, confessions obtained by not recording and recording the interrogation in the whole process according to law, and confessions obtained by illegal means.
8. In the case that the interrogation process should be recorded and videotaped according to law, the interrogation recording and videotaping is not provided, or the interrogation recording and videotaping are selectively recorded, edited and deleted, and the existing evidence cannot exclude the illegal collection of evidence, the relevant confession shall be excluded.
Procurators stationed in detention centers failed to verify the legality of interrogation before the investigation of major cases ended, or failed to synchronize the audio and video recordings during the verification process, or selectively recorded, edited or deleted the audio and video recordings. If the existing evidence cannot exclude the illegal collection of evidence, it should be excluded.
9. It cannot be ruled out that confessions obtained by illegal means should be ruled out.
10. If the interrogation record has not been checked and confirmed by the defendant, it shall not be used as the basis for finalizing the case.
1 1. When interrogating deaf-mutes, people who are familiar with deaf-mute gestures shall be provided, and those who are not provided shall not be used as the basis for finalizing the case.
12. When interrogating a defendant who is not familiar with the local spoken and written language, translators shall be provided. Failure to provide translators shall not be used as the basis for finalizing the case.
13. Regarding the contents related to conviction and sentencing, is there any difference between the interrogation record and the interrogation audio-visual record? If there are substantial differences, the audio-visual recording of interrogation shall prevail.
14. There are errors or contradictions in interrogation time, interrogators, record takers and legal representatives. Fill in the interrogation record, which cannot be corrected or reasonably explained.
15. The inquirer has no signature, so it is impossible to correct or give a reasonable explanation.
16. The transcript of the first interrogation failed to inform the interrogatee of the relevant rights and legal provisions, and could not be corrected or given a reasonable explanation.
1. Witness testimony and victim statements collected by illegal means such as violence or threats shall be excluded.
2. Witness testimony and victim statements collected by illegal methods such as violence, threats and illegal restriction of personal freedom shall be excluded.
3. The witness's testimony that he is obviously drunk, poisoned by narcotic drugs or drugged by psychotropic drugs, so that he can't express it correctly, shall not be used as evidence.
4. The speculative, critical and inferential testimony of witnesses shall not be used as evidence unless it is judged to be true according to general life experience.
5.( 1) A witness who should testify in court according to law refuses to appear in court without justifiable reasons or refuses to testify after appearing in court, and the authenticity of his pre-trial testimony cannot be confirmed, which shall not be used as the basis for finalizing the case.
(2) If a witness refuses to appear in court without justifiable reasons after being notified by the people's court or refuses to testify after appearing in court, and the court cannot confirm the authenticity of his testimony, the witness's testimony shall not be used as the basis for finalizing the case.
(3) If the written testimony of a witness who has been notified not to testify in court according to law cannot be confirmed by cross-examination, it cannot be used as the basis for finalizing the case.
(4) The written testimony of witnesses who did not appear in court is contradictory and cannot be ruled out, and there is no evidence to prove it, which cannot be used as the basis for finalizing the case.
6. If the witness's inquiry is not conducted separately, it shall not be used as the basis for finalizing the case.
7. Written testimony that has not been checked and confirmed by witnesses shall not be used as the basis for finalization.
8. Asking the deaf-mute should provide people who are familiar with deaf-mute gestures. If they fail to provide them, they shall not be used as the basis for finalizing the case.
9. When questioning witnesses who are not familiar with the local spoken and written languages, translators shall be provided. Failure to provide them shall not be used as the basis for finalizing the case.
10. If the names of the inquirer, recorder and legal representative, as well as the starting and ending time and place of the inquiry, are not filled in the inquiry record, and cannot be corrected or given a reasonable explanation, it shall not be used as the basis for finalization.
1 1. If the inquiry place does not conform to the regulations and cannot be corrected or given a reasonable explanation, it shall not be used as the basis for finalization.
12. If the interrogation record fails to record the rights, obligations and legal responsibilities of the witness, and cannot be corrected or reasonably explained, it shall not be used as the basis for finalizing the case.
13. If the interrogation record reflects that the same interrogator interrogates different witnesses at the same time and cannot be corrected or given a reasonable explanation, it shall not be used as the basis for finalizing the case.
1. The physical evidence and documentary evidence extracted or seized during the inquest, inspection and search shall not be used as the basis for finalizing the case if there is no record or list.
2. Physical evidence, documentary evidence and other evidence irrelevant to the facts of the case collected by means of inquest, inspection and search shall not be used as the basis for finalizing the case after appraisal or evaluation.
3. Photographs, videos and copies of material evidence and documentary evidence cannot reflect the appearance and characteristics of the original, and shall not be used as the basis for finalization.
4. Documentary evidence changes or signs of changes can not be reasonably explained, or copies and reproductions of documentary evidence can not reflect the original and its contents, which shall not be used as the basis for finalization.
7. The procedures and methods for collecting material evidence and documentary evidence are flawed and cannot be corrected or reasonably explained. If any of the following defects are corrected or reasonably explained, they can be adopted:
(1) The records of the inspection, inspection, search, extraction or seizure list are not signed by the investigator, the article holder or the witness, or the name, characteristics, quantity and quality of the article are unknown;
(2) Photographs, videos and copies of physical evidence, and copies and copies of documentary evidence are not marked as the same as the original, and the time of copying is not indicated, or the collection and transfer person has not signed or sealed;
(3) Photographs, videos and copies of material evidence, and copies and copies of documentary evidence do not have the producer's explanation on the production process and the original and its storage place, or the explanation is unsigned.
8. If there are defects in the procedures of drug extraction, seizure, weighing, sampling and inspection, which may seriously affect judicial justice, and cannot be corrected or reasonably explained, the relevant evidence shall be excluded according to law and shall not be used as the basis for approving arrest, initiating public prosecution or making a judgment.
1. If the appraisal institution does not have the legal qualification, or the appraisal matters exceed the business scope and technical conditions of the appraisal institution, it shall not be used as the basis for finalization.
2. If the appraiser does not have legal qualifications, relevant professional skills or professional titles, or violates the withdrawal regulations, it shall not be used as the basis for finalizing the case.
3. The sources of the materials and samples submitted for inspection are unknown, or the identification conditions are not available due to pollution.
4. The identification object is inconsistent with the materials and samples submitted for inspection.
5. The appraisal procedure is in violation of regulations.
6. The appraisal process and method do not meet the requirements of relevant professional norms.
7. The identity document lacks signature and seal.
8. The expert opinion has nothing to do with the facts to be proved in this case.
9. Other circumstances in violation of relevant regulations.
10. If the appraiser refuses to testify in court after being notified by the people's court, the appraisal opinion shall not be used as the basis for the final decision.
Records of inquests and inspections that obviously do not conform to laws and relevant regulations and cannot be reasonably explained or explained shall not be used as the basis for finalizing the case.
1. The appraisal was not conducted under the auspices of investigators, and shall not be used as the basis for finalizing the case.
2. If the appraiser sees the appraisal object before the appraisal, it shall not be used as the basis for finalizing the case.
3. The appraisal activities are not carried out alone and shall not be used as the basis for finalization.
4. If the appraised object is not mixed with other objects with similar characteristics, or the number of appraised objects does not meet the requirements, it shall not be used as the basis for finalization.
5. Those who have obvious hints to the appraisers or have obvious suspicion of appraisal shall not be used as the basis for finalizing the case.
6. Other circumstances that violate the relevant provisions and cannot determine the authenticity of the appraisal records shall not be used as the basis for finalization.
7. If there are less than two investigators in charge of identification, and they cannot be corrected or given a reasonable explanation, they cannot be used as evidence.
8. Without asking the appraiser in detail about the specific characteristics of the appraised object, it cannot be corrected or given a reasonable explanation and cannot be used as evidence.
9. No special and standardized appraisal record is made on the appraisal process and results, or the appraisal record cannot be corrected or reasonably explained without the signature or seal of investigators, witnesses and witnesses, and cannot be used as evidence.
10. The appraisal record is too simple, and it can only be used as evidence if the result has no process and cannot be corrected or reasonably explained.
1 1. If there is only the appraisal record in the case file, but there are no photos, videos and other materials of the appraised object, it is impossible to know the true situation of the appraisal and cannot be corrected or given a reasonable explanation, so it cannot be used as evidence.
If the conditions of investigation experiments are obviously different from those at the time of the crime, or there are other circumstances that affect the conclusion of experimental science, the records of investigation experiments shall not be used as the basis for finalizing the case.
1. Audio-visual materials that cannot be examined and confirmed shall not be used as the basis for finalization.
Audio-visual materials that cannot be confirmed by inspection and appraisal shall not be used as the basis for finalization.
2. The time, place and method of making and obtaining audio-visual materials are in doubt, and it is impossible to provide necessary certificates or make reasonable explanations.
There are objections to the time, place and method of making and obtaining audio-visual materials, and it is impossible to make a reasonable explanation or provide necessary proof.
1. If the authenticity of electronic data cannot be determined after examination, it shall not be used as the basis for finalization.
2. Electronic data that has been tampered with, forged or whose authenticity cannot be determined shall not be used as the basis for finalization.
If electronic data has been tampered with or forged, and its authenticity cannot be determined, or there are other circumstances that cannot guarantee the objectivity and authenticity of electronic data, it shall not be used as the basis for finalizing the case.
3. Any addition, deletion or modification of electronic data, which affects the authenticity of electronic data, shall not be used as the basis for finalization.
4. Other circumstances that cannot guarantee the authenticity of electronic data shall not be used as the basis for finalization.
5. Having doubts about the time, place and method of making and obtaining electronic data, unable to provide necessary certificates or make reasonable explanations.
6. If it is not removed in the sealed state and cannot be corrected or reasonably explained, it shall not be used as the basis for finalization.
7. Records or lists that have not been signed or sealed by investigators, electronic data holders (providers) and witnesses and cannot be corrected or given reasonable explanations shall not be used as the basis for finalization.
8. If the name, category and format of electronic data are unclear and cannot be corrected or reasonably explained, it shall not be used as the basis for finalization.
9. If there are other defects that cannot be corrected or reasonably explained, they shall not be used as the basis for the final ruling.
1. After being notified by the people's court, if the investigators do not appear in court to explain the situation and cannot rule out the illegal collection of evidence, the relevant evidence shall be excluded.
2. Evidence collected by illegal means shall be excluded according to law and shall not be used as the basis for handling cases.
3. The evidence materials that prove the defendant's surrender, confession and meritorious service are not stamped with the seal of the unit that accepts the defendant's surrender, confession and disclosure. , or the recipient has no signature, shall not be used as the basis for the final decision.
4. The fingerprints, blood stains, tiny spots, hairs and other evidence left at the scene that may be related to the crime are not identified with the corresponding samples of the defendant and the victim by means of fingerprint identification and DNA identification, and shall not be used as the basis for finalizing the case.
If the source of the articles and tools involved has not been identified and appraised, it shall not be used as the basis for finalizing the case.
5. The people's court shall examine the sources, providers, providing time, extractors and extracting time of evidence materials from abroad. After examination, it can prove the facts of the case and conform to the provisions of the Criminal Procedure Law, and can be used as evidence, except for materials whose scope of use is clearly defined by the provider or bilateral treaties signed between China and relevant countries; Where the source of the materials is unknown or its authenticity cannot be confirmed, it shall not be used as the basis for finalizing the case.
6. Evidence that has not been verified by court investigation procedures such as court presentation, identification and cross-examination shall not be used as the basis for finalizing the case, except as otherwise provided by law and this interpretation.
Evidence that has not been verified by court investigation procedures such as court presentation, identification and cross-examination shall not be used as the basis for finalizing the case.
7. The evidence collected by technical investigation measures may endanger the personal safety of the personnel concerned, or may have other serious consequences. The people's court shall conduct out-of-court investigation and verification according to its functions and powers. If it has not been verified by court investigation procedures, it shall not be used as the basis for finalizing the case.
8. The evidence supplemented by the prosecution and the defense and obtained by out-of-court investigation and verification shall not be used as the basis to prove the legality of evidence collection without being verified by court investigation procedures such as statement in court and cross-examination.