The evidence needs to meet the conditions.
(1) There is evidence to prove the facts of conviction and sentencing;
(2) The evidence based on which the case is finalized has been verified to be true through legal procedures;
(3) Based on the evidence in the entire case, reasonable doubt has been eliminated as to the facts ascertained.
The probative power of verbal evidence relative to physical evidence in a case
Requires comprehensive social knowledge, review judgment ability and comprehensive analysis ability. The probative force of witness testimony should not be negated because it is easily affected by objective factors, but its effectiveness should be confirmed based on the circumstances of the specific case.
1. If one party provides the testimony of two or more unrelated witnesses and the other party disagrees but has no evidence to refute it, the probative force shall be confirmed.
2. One party provided irrelevant witness testimony and there is no other evidence to prove it. Probability should be determined based on the entire case.
3. One party has provided the testimony of two or more witnesses with five interests, but due to the limitation of their testimony ability, other evidence should be used to confirm it. If there is no contradiction, its probative force should be confirmed.
4. If the witness testimony provided by one party and the other party claims to have an interest in the case, but there is no corresponding evidence to refute it, its probative force shall be confirmed.
It can be seen that the law does not clearly stipulate that the case cannot be closed without finding the tools to do it. As long as a chain of evidence is formed, a conviction can be achieved. Therefore, in real cases, some cases have no physical evidence, but other evidence has formed an evidence chain. From a legal perspective, it makes sense, so a conviction can be made.
I hope the above content can help you. If in doubt, please consult a professional attorney.
Legal basis:
Article 52 of the "Criminal Procedure Law"
Judges, prosecutors and investigators must collect information that can prove the suspicion of crime in accordance with legal procedures Evidence of the guilt or innocence of a person or defendant as well as the seriousness of the crime. It is strictly prohibited to use torture to extract confessions and to collect evidence through threats, inducements, deceptions or other illegal methods, and no one may be forced to prove his or her guilt. It is necessary to ensure that all citizens who are related to the case or know about the case have the conditions to provide evidence objectively and fully. Except for special circumstances, they can be hired to assist in the investigation.
Article 55
When sentencing all cases, emphasis must be placed on evidence and investigation and research, and oral confessions cannot be taken lightly. If there is only the defendant's confession and no other evidence, the defendant cannot be found guilty and punished; without the defendant's confession, if the evidence is reliable and sufficient, the defendant can be found guilty and punished. If the evidence is reliable and sufficient, it should meet the following conditions:
(1) There is evidence to prove the facts of conviction and sentencing;
(2) The evidence based on which the case is finalized has been verified to be true through legal procedures. ;
(3) Based on the evidence in the entire case, reasonable doubt has been eliminated as to the facts ascertained.