Question 2: Is the interrogation record made by the court evidence? Interrogation transcripts made by the court according to law belong to evidence.
Question 3: Can the interrogation record be used as evidence? No way! Evidence is absolutely everything, and only confession without evidence can't be used as the standard for deciding a case.
If there is only evidence and no confession, it can be used as the standard for finalizing the case!
Question 4: What's the difference between interrogation record and interrogation record? Interrogation record is a written record that the investigators of public security organs truthfully record the interrogation and confession or excuse when interrogating criminal suspects according to law.
(1) Interrogation of criminal suspects shall be conducted in a timely manner.
(2) At the time of interrogation, there shall be no less than two investigators and they shall cooperate with each other.
(3) conducting interrogation according to law to ensure that citizens' basic rights are not violated.
(4) When interrogating deaf-mute criminal suspects, foreign criminal suspects or ethnic minority criminal suspects who can't speak their own spoken and written languages, translators shall be invited to participate, and the transcripts shall be signed or sealed.
Interrogation record is a written record made by investigators of public security organs when interrogating witnesses and victims according to law.
(1) Questioning witnesses should be conducted in strict accordance with the law.
(2) The questioning of witnesses and victims should be conducted separately.
(three) shall not disclose the case to witnesses and victims or express their views on the case.
(4) It is forbidden to use threats, enticements or other illegal methods to question witnesses and victims.
(5) The record of inquiry shall be objective and accurate.
Question 5: Can interrogation transcripts made by public security organs be used as civil evidence? It may completely show the process of the case, but the author thinks that relying solely on the interrogation record of the public security organ can not be used as evidence, even if it is legal in form or substance, it can not be used as the basis for determining the facts of the case in civil litigation. This paper discusses the authenticity of civil evidence, the exclusion rules of illegal evidence and hearsay evidence. I. The concept of interrogation record The interrogation record, also known as "witness interrogation record", is a written record made by judicial personnel on the process and content of questioning witnesses and victims in criminal proceedings. The interrogation record can be used as evidence. According to the provisions of the Criminal Procedure Law and the the Supreme People's Procuratorate Rules, the interrogation record shall truthfully and completely record the statements of witnesses and victims. The processing method of interrogation record is the same as that of the defendant. It should be verified by witnesses and victims, so that they can correct their mistakes. If a witness or victim requests to write testimony in person, it shall be allowed, and if necessary, the witness or victim may be required to write testimony in person. The order of interrogation transcripts shall conform to the actual interrogation order. Witnesses or victims and interrogators shall sign the interrogation record. Investigators can go to the witness's unit or residence to question the witness, but they must produce the documents of 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. The questioning of witnesses should be conducted by the prosecutor. When conducting an investigation, there shall be no fewer than two prosecutors. These regulations strictly restrict the formation of interrogation records from form to substance. Once a certain content of the complaint is missing, the interrogation record may face the question of the legality of the evidence. The record of investigation and inquiry has the following characteristics: (1) the legality of the subject of evidence collection. (2) the objectivity of the production process. (3) Subjectivity of production content. (4) Normality of production requirements. The second is the different opinions on what kind of evidence the interrogation record belongs to. What kind of evidence does the interrogation record of the public security organ belong to, and can it be used as direct evidence to determine the facts of the case? There are two completely different views: the first view holds that the interrogation record of public security organs has strong probative force, which can be used not only as evidence in civil proceedings, but also as a basis for ascertaining the facts of a case without other evidence to refute it. The second view is that the interrogation record of the public security organ belongs to documentary evidence, which is formed by the public security organ's investigation and inquiry about the relevant events to the relevant parties or witnesses after handling the report or alarm. It is obviously different from the usual official documents, mainly in the following aspects: first, the inquiry record is a record formed by a specific public official inquiring about the relevant parties or witnesses in the name of a public institution; Second, the record of inquiry usually adopts the way of asking and answering, instead of professional appraisal and legal evaluation of relevant facts and specific events within the scope of authority by public authorities, as in general official documents and certificates; Third, the inquiry record does not need to be stamped with the seal of the public organ or signed by the main person in charge of the public organ, but it should contain the names of the specific personnel who participated in the investigation during the performance of their duties, and be signed by the parties or witnesses under investigation or confirmed by fingerprints; Fourth, the purpose of making inquiry records is mainly to meet the needs of public security organs in performing official duties and to keep them as files, rather than having the universal effect of application or utilization in a certain social scope like ordinary official documents and certificates. Third, the author's point of view does not rule out that due to subjective and objective reasons, the statements of the parties or witnesses under investigation can not truthfully reflect the truth, or even completely contradict the facts. Because of the different angles in the process of obtaining evidence, the interviewee may make a choice from the angle that is beneficial to his relevant parties, or even inconsistent with the facts of the case, and its probative power is much weaker than that of the transcripts made by other neutral state organs. Therefore, if this interrogation record is submitted to the court and used to prove the facts of the case in litigation, it is difficult to use it as direct evidence. Only by corroborating with other evidence can it help to confirm whether this evidence is safe and reliable. Article 63 of China's Civil Procedure Law stipulates: "There are the following types of evidence: (1) documentary evidence; (2) Physical evidence; (3) Audio-visual materials; (4) Testimony of witnesses; (5) statements of the parties; (6) Evaluation conclusion; (7) Records of the inquest. Above >>
Question 6: The police asked whether the record was used as evidence after it was signed. It is one of the evidences, but other evidences are needed to form a proof system.
Question 7: What is recorded evidence and what are its types? Thank you. The recorded evidence may refer to written witness testimony, victim statement, criminal suspect and defendant statement, etc. , which is embodied in the form of interrogation record and interrogation record.
Of course, there is no such legal evidence, it is just a form of evidence. It's also the interrogation record. If it's for a witness, it belongs to witness testimony. If it's for the victim, it's the victim's statement. Interrogation record refers to the record made for criminal suspects and defendants, which belongs to the confessions and excuses of criminal suspects and defendants.
Question 8: What is the difference between the investigation record and the inquiry record? Investigation record and inquiry record belong to the category of verbal evidence. The investigation record usually refers to the objective written record materials that the judicial organs record the investigation situation when they investigate citizens or relevant units according to law in the initial investigation stage in order to find out the facts of the case. The record of inquiry refers to the written record materials made in accordance with the law to record the inquiry when the witness or the victim (including his relatives) and the relatives of the criminal suspect are questioned according to law in order to find out the facts of the case.
Question 9: Excuse me, if the interrogation record made by the court belongs to evidence, who should provide it? Anyone who needs this evidence but cannot obtain it himself shall apply to the court for investigation and evidence collection.
Except for the evidence that the court needs to obtain ex officio, if you don't apply, then the court won't take the initiative to investigate.