Article 20 of the Criminal Procedure Law The Intermediate People's Court shall have jurisdiction over the following criminal cases of first instance:
(1) Cases endangering national security and terrorist activities;
(2) Cases that may be sentenced to life imprisonment or death penalty.
Article 48 All materials that can 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 the inquest, inspection, appraisal, investigation and experiment;
(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 49 The burden of proof that the defendant is guilty in a public prosecution case shall be borne by the people's procuratorate, and the burden of proof that the defendant is guilty in a private prosecution case shall be borne by the private prosecutor.
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 51 When a public security organ approves an arrest, a people's procuratorate brings a suit and a people's court makes a judgment, it must be faithful to the facts. Anyone who intentionally conceals the truth shall be investigated for responsibility.
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 54 confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture, witness testimony and victim statements collected by illegal methods such as violence and threats shall be excluded. If the collection of material evidence and documentary evidence does not conform to legal procedures and may seriously affect judicial justice, it shall be corrected or a reasonable explanation shall be made; If it cannot be corrected or a reasonable explanation cannot be given, the evidence shall be excluded.
Evidence that should be excluded during investigation, examination, prosecution and trial shall be excluded according to law and shall not be used as the basis for prosecution opinions, prosecution decisions and judgments.
Article 55 If a people's procuratorate receives a report, charges, reports or finds that investigators have collected evidence by illegal means, it shall investigate and verify it. If the evidence collected by illegal means is true, it shall put forward rectification opinions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 56 In the course of court hearing, if a judge thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 54 of this Law, he shall conduct a court investigation on the legality of collecting evidence.
The parties, their defenders and agents ad litem have the right to apply to the people's court to exclude evidence collected by illegal means according to law. When applying for the exclusion of illegally collected evidence, relevant clues or materials shall be provided.
Article 57 The people's procuratorate shall prove the legality of evidence collection in the process of court investigation.
If the existing evidence materials cannot prove the legality of evidence collection, the people's procuratorate may request the people's court to notify the relevant investigators or other personnel to appear in court to explain the situation; The people's court may notify the relevant investigators or other personnel to appear in court to explain the situation. Relevant investigators or other personnel may also request to appear in court to explain the situation. Upon notification by the people's court, the relevant personnel shall appear in court.
Article 58 If the evidence collected by illegal means as stipulated in Article 54 of this Law is confirmed or cannot be ruled out after hearing, the relevant evidence shall be ruled out.
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.
Article 114 After investigation, the public security organ shall conduct a preliminary examination of cases with evidence to prove the existence of criminal facts, and verify the evidence materials collected and collected.
Article 116 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.
After the criminal suspect is sent to the detention center for custody, the investigators shall interrogate him in the detention center.
Article 144 In order to find out the facts of a case, when it is necessary to solve specialized problems in the case, a person with specialized knowledge shall be appointed to make an appraisal.
Article 145 After conducting an appraisal, an appraiser shall write an appraisal opinion and sign it.
If an appraiser intentionally makes a false appraisal, he shall bear legal responsibility.
Article 168 When examining a case, a people's procuratorate must find out:
(a) whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct;
(two) whether there are any omission crimes and other persons who should be investigated for criminal responsibility;
(3) Whether criminal responsibility should be investigated;
(4) Whether there are incidental civil actions;
(5) Whether the investigation activity is legal.
Article 172 If a people's procuratorate considers that the criminal facts of a criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, institute a public prosecution in a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court.
Article 173 If a criminal suspect has no criminal facts or is under any of the circumstances specified in Article 15 of this Law, the people's procuratorate shall make a decision not to prosecute.
Article 191 During the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment to investigate and verify the evidence.
When investigating and verifying evidence, the people's court may conduct an inquest, inspection, seizure, seizure, appraisal, inquiry and freezing.
Article 193 During the court hearing, all facts and evidence related to conviction and sentencing shall be investigated and debated.
With the permission of the presiding judge, the public prosecutor, the parties, defenders and agents ad litem may express their opinions on the evidence and the case, and may argue with each other.
After the presiding judge announces the end of the debate, the defendant has the right to make a final statement.
Article 195 After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel made the following judgments after deliberation based on the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.
Article 196 All judgments shall be publicly announced.
If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.
Article 197 A written judgment shall be signed by the judge and the court clerk, and the time limit for appeal and the court of appeal shall be specified.
Article 202 When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case.
The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.
Article 203 When a people's procuratorate finds that a people's court is handling a case in violation of legal procedures, it has the right to put forward rectification opinions to the people's court.