Evidence in criminal proceedings is the core part of the whole litigation activity and the key to prove the criminal suspect's guilt or innocence.
The characteristics of evidence in criminal proceedings are:
1, objectivity: refers to the objective material traces and subjective perception traces as evidence of a case, which is an objective reflection of the facts of the case that have happened, not subjective imagination, speculation and fabrication.
2. Relevance: Also known as relevance, it means that the evidence must be substantially related to the facts of the case, thus proving the facts of the case.
3. Legitimacy: It means that the form, collection, presentation and verification of evidence are stipulated and adjusted by law, and the evidence as the basis of finalization must meet the evidence collection standards stipulated by law and be allowed by law.
According to the different relationship between evidence and the main facts of the case, evidence can be divided into direct evidence and indirect evidence. Direct evidence is evidence that can directly show the main facts of a case; Indirect evidence is evidence that cannot directly show the main facts of a case alone and needs to be proved by combining with other evidence.
The principle of using indirect evidence is:
1. Indirect evidence must be objective, relevant and legal;
2. Indirect evidence must fully reflect the facts of the case and form a complete proof system;
3. There must be no contradiction between indirect evidence and the facts of the case;
4. The circumstantial evidence system must be sufficient to exclude other possibilities, and the conclusions drawn are unique.
Evidence refers to the basis for determining the facts of a case in accordance with the rules of procedure. Evidence is of great significance for the parties to carry out litigation activities, safeguard their legitimate rights and interests, find out the facts of the case according to law and make correct judgments. The problem of evidence is the core of litigation. The trial of any case needs to reproduce and restore the true face of the incident through the evidence chain formed by evidence and evidence, and the judgment based on sufficient evidence can be a fair judgment. The evidence is objective. Forging or destroying evidence is against the law and should be investigated by law.
legal ground
Article 50 of the Criminal Procedure Law
All the materials that can be used to prove the facts of the 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.