Yes, if the evidence is conclusive and verified by the public security organs to be true, the new criminal law stipulates that you can be convicted without incriminating yourself.
Article 53 of the Criminal Procedure Law? The sentencing of all cases must focus on evidence and investigation and research, and 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; if there is no defendant's confession and the evidence is reliable and sufficient, the defendant can be found guilty and punished.
The evidence is reliable and sufficient and should meet the following conditions:
(1) The facts of conviction and sentencing are supported by evidence;
(2) Evidence based on which the case is finalized It is evidence that has been verified to be true through legal procedures;
(3) Based on the evidence in the entire case, the facts have been determined beyond reasonable doubt.
Expansion:
Related cases: The burglar made "zero confession" and was still captured!
As a legal form of evidence, confession has been known as the "King of Evidence" for a long time in criminal justice practice. The criminal suspect does not admit the alleged criminal facts. How to break through the "zero confession" case? Recently, the Ouhai District People's Procuratorate of Wenzhou City successfully handled a "zero confession" case with the help of new technology, so that the guilty received the punishment they deserved.
On April 24 this year, the Ouhai District Procuratorate accepted an ordinary pickpocketing case. During the review and prosecution stage, the prosecutor found that the suspect Tian had been denying the facts of his crime since he was brought to justice, and shouted: "I didn't steal it. There are so many people coming and going on the road. You have evidence to prove that I stole the phone." "
After review, in addition to collecting victim statements, on-site investigation transcripts and other evidence through traditional means, this case also relied on modern technological means to obtain key evidence. When the prosecutor checked the video surveillance on the day of the crime, he found that a man in black was near the victim and stole a mobile phone from the victim's pink jacket; when the prosecutor looked at the motion trajectory map, he found that the suspect Tian The walking route map and travel time on the day of posting were consistent with the man in black under surveillance. The frontal photo of the man in black recorded by the video surveillance, through the facial recognition comparison system, determined that the suspect Tian was the man in black in the surveillance video.
However, in the face of the evidence, the criminal suspect Tian still denied that he had committed the theft. After review, the prosecutor in charge believed that the evidence collected through traditional methods and the above-mentioned evidence obtained through technological means had formed a complete chain of evidence, which was sufficient to prove that the criminal suspect Tian had committed the theft, so the case was closed on April 28, 2018. Transfer to court for prosecution.
On June 8, 2018, the Ouhai District People’s Court sentenced the defendant Tian to ten months’ imprisonment for the crime of theft. At this point, a "zero confession" case has been settled.
"The extensive application and profound influence of modern science and technology in criminal proceedings have become increasingly prominent. Even in minor criminal cases, high technology can still be seen everywhere. The legal network is extensive, and there must be no omissions. He reached out to do evil with a sense of luck." the prosecutor said.
Zhejiang Provincial People's Procuratorate--The thief took "zero confession" anyway!