Characteristics of verbal evidence

Characteristics of verbal evidence

1, verbal evidence can systematically and comprehensively prove the facts of the case.

Verbal evidence is a statement of the facts of a case directly or indirectly perceived by the parties and witnesses. Lawyer Wang Haiying, who has worked in the court for many years, needs to emphasize here that these evidences can often vividly and concretely reflect the process and result of the facts of the case, even including the cause and effect of the case, which is very prominent in verbal evidence.

2. The source of verbal evidence is not easy to lose.

Verbal evidence is a person's statement, and the content of the statement is his perception of the facts of the case. Lawyer Wang Haiying needs to make it clear here that when people directly or indirectly perceive the facts of a case, the perceived contents are input into the neural memory center of the brain and stored. The content of memory can often be preserved for a long time through the physiological laws of human memory. The stronger the stimulus, the deeper the impression and the longer the memory time.

3. Verbal evidence is easily influenced by various subjective and objective factors, leading to falsehood or distortion.

Subjectively, the relationship between the applicant and the case may be that the applicant deliberately made false statements. Victims, suspects and defendants in criminal proceedings are all directly interested in the outcome of the proceedings, which may prompt them to make false statements. Although lawyers in Wang Haiying need to emphasize here that witnesses generally have no direct interest in the case, they will also make distorted statements because of their personal cognitive ability, moral quality or psychological tendency. Objectively speaking, the formation of verbal evidence is a rather complicated process, which generally goes through three stages: perception, memory and statement. In these three stages, it may be distorted due to the influence of various objective factors, which makes the verbal evidence deviate in reflecting the facts of the case.

4. Oral evidence is subjective and unstable.

Among all kinds of legal evidence, verbal evidence is subjective and unstable. Because once the time and environment change, the thoughts of the parties will change greatly. For Wang Haiying lawyers who have worked in the court for many years and turned to be criminal lawyers, this situation will lead to different or even completely opposite statements about the same fact, which is what we usually call "retraction".