Physical evidence refers to all items and traces that can be used to find out the true situation of a case. These items and traces include tools for committing crimes, objects infringed by acts, traces and objects left in the course of acts, and other items and traces that can expose and prove the occurrence of cases. Physical evidence plays an important role in the whole evidence system. Because of its objectivity and intuition, compared with all kinds of verbal evidence, especially with the statements and excuses of criminal suspects and defendants, the statements of victims and the testimony of witnesses, its probative power is stronger than all kinds of verbal evidence.
Documentary evidence refers to everything that can find out the true situation of a case according to the expressed thoughts and recorded contents. These items can generally include: documentary evidence with written records, documentary evidence with symbolic concepts, documentary evidence with figures, pictures, seals or other documents that reveal the content or intention of the case.
The collection of material evidence and documentary evidence refers to the special activities of law enforcement officers or lawyers to discover, extract, fix, preserve and preserve material evidence. According to the provisions of the criminal procedure law, the methods of collecting investigation evidence can be summarized as follows: first, inquest and inspection; Second, search; Third, seizure; Fourth, provision and retrieval.
(2) Testimony of witnesses
Witness testimony refers to the statement of some or all the facts of the case made by people who know the situation of the case to the case handlers.
In criminal proceedings, witness testimony is more objective than other evidence, especially compared with other verbal evidence in the case. Because witnesses are not as closely related to the outcome of the case as the parties in the case. Compared with physical evidence, documentary evidence and other things, witness testimony is more vivid, concrete and vivid, and reveals the truth of the case more profoundly.
Article 48 of the Criminal Procedure Law stipulates the conditions of witnesses: anyone who knows the circumstances of a case has the obligation to testify. A person who is physically and mentally defective or young, can't distinguish right from wrong and can't express correctly, can't be a witness.
Collecting witness testimony means questioning the witness. According to the provisions of the Criminal Procedure Law, questioning witnesses shall comply with the following provisions:
Article 97 stipulates that investigators may question witnesses at their units or residences, but they must produce documents from the people's procuratorate or the public security organ. When necessary, witnesses may also be notified to testify in a people's procuratorate or a public security organ.
The questioning of witnesses should be conducted separately.
Article 98 stipulates that when questioning witnesses, they should be informed that they should provide evidence and testimony truthfully, and those who intentionally commit perjury or conceal criminal evidence should bear legal responsibility.
When questioning witnesses under the age of 18, they may notify their legal representatives to be present.
Article 99 stipulates that the provisions of Article 95 of this Law are also applicable to questioning witnesses.
Article 95 stipulates that interrogation transcripts should be checked by criminal suspects, and read to them if they are unable to read. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. The criminal suspect shall sign or seal his name after admitting that it is correct in the record. Investigators should also sign the records. If a criminal suspect asks to write a confession himself, it shall be allowed. When necessary, investigators may also ask the criminal suspect to write a confession in person.
(3) the victim's statement
Victim's statement refers to the fact that a person who has been directly infringed by a criminal act States to the public security organ, the people's procuratorate or the people's court the fact that he has been infringed by a criminal act and the situation of the criminal suspect and defendant.
Because of the particularity of the victim's litigation status, that is, he is the direct victim of the crime and has direct or insightful contact with the criminal suspect, the victim's statement can provide clues for the detection of the case. Assist in detecting cases and confirming criminal facts. In the proof of litigation, we can identify the truth and eliminate contradictions, so that the evidence of the case can reach a true and sufficient level. At the same time, it plays a more vivid, concrete and profound role in accusing crimes and educating the masses.
The criminal procedure of collecting the victim's statement is called asking the victim, which is completely consistent with the rules of asking witnesses in the criminal procedure law.
(4) confessions and excuses of criminal suspects and defendants;
The confessions and excuses of criminal suspects and defendants refer to the statements made by criminal suspects and defendants to investigators, inspectors and judges on relevant cases, commonly known as confessions. Including the confession of the criminal suspect and the defendant to admit their criminal facts; A statement that the criminal suspect or defendant is innocent or guilty; Confessions of other criminal suspects and defendants in the same case.
Because the criminal suspect and defendant are the core figures in criminal proceedings, he knows best and clearly whether a crime is serious or not. Therefore, it is of great significance to correctly interrogate criminal suspects and defendants in accordance with legal procedures and collect their confessions and excuses for the determination of the facts of the case.
The Criminal Procedure Law provides the following for the trial of criminal suspects:
Article 9 1 stipulates that the interrogation of a criminal suspect must be conducted by investigators of a people's procuratorate or a public security organ. During interrogation, there shall be no fewer than two investigators.
Article 92 A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced.
The maximum duration of summons and summons shall not exceed twelve hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons.
Article 93 When interrogating a criminal suspect, investigators should first ask whether the criminal suspect has committed a crime, let him state his guilt or innocence, and then ask him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case.
Article 94 When interrogating a deaf-mute criminal suspect, people who are familiar with deaf-mute gestures should participate, and this situation should be clearly recorded.
Article 95 The interrogation record shall be checked by the criminal suspect, and read to him if he can't read. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. The criminal suspect shall sign or seal his name after admitting that it is correct in the record. Investigators should also sign the records. If a criminal suspect requests to write his own confession, it shall be allowed. When necessary, investigators may also ask the criminal suspect to write a confession in person.
(V) Evaluation conclusion
Appraisal conclusion refers to the conclusive judgment made by the appraiser according to the assignment or employment of public security and judicial organs, using his own professional knowledge and skills to appraise the specialized problems that need to be solved in the case. In practice, the special problems that need to be identified and solved mainly include:
1, forensic identification
2. Judicial psychiatric expertise
3, trace identification
4. Chemical identification
5. Accounting appraisal
6, document calligraphy appraisal
As an independent evidence in criminal proceedings, expert conclusion plays an important role and significance: expert conclusion is one of the important bases for correctly understanding and handling cases; The appraisal conclusion is an important basis for finding out the facts of the case, identifying the nature of the case and clarifying the responsibility; Appraisal conclusion is an important means to test and judge other evidence.
(6) Records of the inquest and inspection
The record of inquest and inspection refers to the written records made by the case-handling personnel during the inquest and inspection of the places, articles and personnel related to the case, and is a written certificate signed by the inquest and inspection personnel and the witnesses present. Including: on-site investigation transcripts; Physical evidence inspection records; Records of corpse inspection; Personal inspection records; Records of investigation experiments.
The provisions of the Criminal Procedure Law on interrogation and inspection are as follows:
Article 10 1 The investigators shall conduct an inquest or inspection on the places, articles, persons and corpses related to the crime. When necessary, people with specialized knowledge may be appointed or hired to conduct inquests and inspections under the auspices of investigators.
Article 102 Any unit or individual has the obligation to protect the crime scene and immediately notify the public security organ to send personnel to conduct an inquest.
Article 103 When conducting an inquest or inspection, investigators must hold the certificates of the people's procuratorate or the public security organ.
Article 104 The public security organ has the right to decide on an autopsy of a corpse whose cause of death is unknown, and notify the family of the deceased to be present.
Article 105 In order to determine certain characteristics, injuries or physiological conditions of the victim or criminal suspect, it may be examined.
If the criminal suspect refuses to check, the investigators may force the inspection when they think it necessary.
Physical examination of women should be conducted by female staff or doctors.
Article 106 An inquest or inspection shall be written in a written record, which shall be signed or sealed by the participants and witnesses.
Article 107 When examining a case, the people's procuratorate deems it necessary, it may request the public security organ to review the inquest and inspection conducted by the public security organ, and may send procurators to participate.
Article 108 In order to find out the case, if necessary, with the approval of the public security bureau chief, investigation experiments may be conducted.
In the investigation and experiment, all dangerous, insulting or immoral behaviors are prohibited.
(7) Audio-visual materials
Audio-visual materials are audio-visual materials that can reproduce the original sound and image of the case, as well as information provided by scientific and technological equipment such as computers, as evidence to prove the true situation of the case. Includes recorded data; Video materials; Electronic computers store data; Information obtained through the use of specialized technical equipment.