Legal basis:
Article 48 of the Criminal Procedure Law of People's Republic of China (PRC) All materials that can be used to prove the facts of a case are evidence.
Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) Appraisal opinions;
(7) Records of inquests, inspections, appraisals, investigations and experiments;
(8) Audio-visual materials and electronic data.
The evidence must be verified before it can be used as the basis for finalizing the case.
Article 50 Judges, prosecutors and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of crimes. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt. It is necessary to ensure that all citizens who are related to or know the case have the conditions to provide evidence objectively and fully, and they can be hired to assist in the investigation except in special circumstances.
Article 53 In sentencing all cases, emphasis should be placed on evidence, investigation and study, and confessions should not be trusted. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is true and sufficient, the defendant may be found guilty and punished.
If the evidence is true and sufficient, the following conditions shall be met:
(1) There is evidence to prove the fact of conviction and sentencing;
(2) The evidence on which the final decision is based has been verified through legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.
Article 59 The testimony of a witness must be cross-examined and verified by the public prosecutor, the victim, the defendant and the defender in court before it can be used as the basis for finalizing the case. If the court finds that a witness intentionally perjures or conceals criminal evidence, it shall deal with it according to law.
Extended data:
Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Handling Criminal Cases In order to standardize judicial behavior and promote judicial justice, these Provisions are formulated in accordance with the Criminal Procedure Law and relevant judicial interpretations, combined with the actual work of the people's courts, people's procuratorates, public security organs, state security organs and judicial administrative organs in handling criminal cases.
Article 1 The confessions of criminal suspects and defendants obtained by illegal means such as extorting confessions by torture, witness testimony and victim statements obtained by illegal means such as violence and threats are illegal verbal evidence.
Article 2 Illegal verbal evidence confirmed according to law shall be excluded and cannot be used as the basis for finalizing the case.
Article 3 When examining and approving arrest and prosecution, the people's procuratorate shall exclude illegal verbal evidence, which cannot be used as the basis for approving arrest and prosecution.
Article 4 After the copy of the indictment is served and before the trial, if the defendant claims that his pre-trial confession was obtained illegally, he shall submit written opinions to the people's court. If the defendant has real difficulties in writing, he can inform him orally, and the staff of the people's court or his defender will make a written record, which will be signed by the defendant or fingerprinted.
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law