Evidence includes:
p>(1) Physical evidence;
(2) Documentary evidence;
(3) Witness testimony;
(4) Victim’s statement;
p>
(5) Confessions and justifications of criminal suspects and defendants;
(6) Identification opinions;
(7) Inspection, inspection, appraisal and investigation , Experimental records;
(8) Audio-visual materials and electronic data must be verified to be true before they can be used as the basis for finalizing the case. "
Expanded types of data evidence:
1. Documentary evidence and physical evidence are both physical evidence in the form of objects or words. Physical evidence is used in a crime or related to a crime, and can prove the crime and the relevant circumstances of the crime, such as crime tools, stolen money, blood stains, fingerprints, footprints, etc. Documentary evidence is documents or other written materials that can prove the true situation of the case, such as correspondence between drug criminals; documents, books, etc. Changed by corrupt criminals.
The characteristic of physical evidence is that it does not have any subjectivity and only proves the facts of the case with its objective existence. Physical evidence must be properly preserved to maintain its original form. If the original condition cannot be maintained or the physical evidence may be lost, the administrative agency must take measures to preserve it.
2. Witness testimony? It is a statement made by a person who knows the true situation of the case to the judicial authority or relevant personnel based on his or her own understanding of the case. The Civil Procedure Law stipulates that anyone who knows the circumstances of the case is obliged to appear in court to testify. The Criminal Procedure Law stipulates the obligation of persons who know the true circumstances of a case to testify to judicial organs, that is, anyone who knows the circumstances of a case has the obligation to testify. Witnesses cannot be appointed at will, nor can they be replaced by others.
The "Administrative Penalty Law" stipulates that when administrative agencies investigate administrative penalty cases, "the person under investigation shall answer the inquiry truthfully." This is because administrative agencies must be based on facts when handling administrative penalty cases. Therefore, when an administrative agency conducts an investigation, the person under investigation must truthfully state what he knows and must not commit perjury.
3. Statement of the parties? Refers to the parties’ description and understanding of the true circumstances of the case to law enforcement officers. The Administrative Penalty Law stipulates that before administrative agencies make decisions on administrative penalties, they must fully listen to the opinions of the parties involved.
Therefore, the administrative agency must carefully listen to the statements and defenses of the parties and make inquiry transcripts; at the same time, the administrative agencies should review the facts, reasons and evidence submitted by the parties. Only when the case is established, can it be used as an administrative penalty. evidence.
4. "Victim's statement" refers to the statement of the victim and other relevant circumstances of the case by the person who was directly harmed by the crime to the judicial authority or relevant personnel.
5. "Confessions and defenses of criminal suspects and defendants" refer to the confessions or defenses made by criminal suspects and defendants to judicial organs regarding their criminal acts, or the criminal suspects and defendants' A person denies his or her criminal behavior or admits his or her crime, but believes that the punishment should be reduced or exempted.
6. Audio-visual materials? Refers to audio recordings, video recordings and computer-stored materials that can be used as evidence. It is a type of fixedly preserved evidence. More reliable and closer to reality. However, audiovisual materials must be reviewed before they can be considered evidence.
7. Identification opinion? It is the expert who uses his or her professional knowledge to analyze, identify and judge the special issues in the case. This is independent evidence. Such as forensic identification, fingerprint identification, handwriting identification, chemical identification, psychiatric identification, etc.
8. On-site transcript? It is a type of documentary evidence, which refers to the records of administrative punishment on-site situations recorded by law enforcement personnel of administrative agencies. If the traffic police imposes a fine on a driver who violates traffic management, the fine receipt issued by the traffic police shall prevail.
For another example, when industrial and commercial administrators punished this individual vendor who opposed industrial and commercial administration, they recorded the illegal facts on the spot and confiscated the quantity and quality of the vendor's illegal goods.
On-site transcripts should be signed by law enforcement officers and parties involved. On-site transcripts can prove the true situation of the case and are stipulated as independent evidence in the Administrative Procedure Law to prevent "things happen for a reason and there is no evidence" in litigation.
9. Inspection, inspection, and appraisal investigation and experiment records refer to the behavior of law enforcement personnel or specialized personnel of administrative agencies to conduct inspections and inspections of the scene or items where the facts occurred in order to understand the facts of the case.
When investigating and dealing with illegal publications, law enforcement officers shall inspect and inspect the printing place of the publications, and inspect and inspect the printed illegal publications or printing tools. Transcripts should be produced during the investigation. Transcripts reflect objective facts, can prove the true situation of the case, and are independent evidence.
10. Electronic data refers to text, numbers, etc. formed by electronic technology, such as emails, chat records, etc.; 2065438 A judicial interpretation issued by the Supreme People's Court on February 4, 2005 showed that online chat Information formed or stored in electronic media such as records, blogs, microblogs, mobile text messages, electronic signatures, domain names, etc. can be used as evidence in civil cases.
11. Audiovisual material is data stored on media in the form of analog signals, such as video recordings and audio recordings.
Collecting evidence:
It is very important that the person collecting and providing evidence must be legal. Because the collection and provision of evidence not only involves the basic rights of citizens, but also a right and a responsibility. If the subjects of collecting and providing evidence are not arbitrarily expanded in accordance with the law, it will definitely cause great damage to the basic rights and obligations of the parties as well as the basic privacy rights of other citizens.
The subjects of collecting and providing evidence are the staff of the public security and judicial organs, the parties and their litigation agents. In our country, collecting evidence is the basic work for judicial organs to use evidence and determine the facts of the case. my country's three major procedural laws all clearly stipulate the subjects and rights for collecting evidence, with the purpose of maintaining the legality of the evidence.
For example, Article 43 of the "Criminal Procedure Law of the People's Republic of China" stipulates that "judges, prosecutors, and investigators must collect information that can prove the guilt or innocence of the criminal suspect or defendant and the crime in accordance with legal procedures. Various evidences of the severity of the circumstances”
Baidu Encyclopedia-Evidence