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2010-6-25 20: 46 Provisions on Several Issues Concerning the Examination and Judgment of Evidence in Death Penalty Cases

In order to handle death penalty cases in accordance with the law, fairly, accurately and prudently, punish crimes, and protect human rights, in accordance with the Criminal Procedure Law of the People's Republic of China and the People's Republic of China 》 and other relevant legal provisions, these regulations are formulated in light of judicial practice.

1. General Provisions

Article 1: When handling death penalty cases, the criminal law and criminal procedure law must be strictly implemented, the facts must be clear, the evidence is reliable and sufficient, the procedures are legal, and the law must be applied Correct to ensure the quality of the case.

Article 2 The determination of case facts must be based on evidence.

Article 3 Investigators, prosecutors and judges shall strictly abide by legal procedures and collect, review, verify and identify evidence comprehensively and objectively.

Article 4 Only evidence that has been verified to be true through court investigation procedures such as presentation, identification, and cross-examination in court can be used as the basis for conviction and sentencing.

Article 5: When handling death penalty cases, the evidence must be reliable and sufficient to determine the defendant’s criminal facts.

Reliable and sufficient evidence means:

(1) The facts of conviction and sentencing are supported by evidence;

(2) Every piece of evidence that determines the case has been Verified by legal procedures;

(3) There is no contradiction between evidence and evidence, or between evidence and case facts, or the contradiction can be reasonably eliminated;

(4) Same as In criminal cases, the status and role of the defendant have been clarified;

(5) The process of determining the facts of the case based on the evidence conforms to logic and empirical rules, and the conclusion drawn from the evidence is the only conclusion.

When handling a death penalty case, the following facts must be proved with reliable and sufficient evidence:

(1) The occurrence of the alleged crime;

(2) ) The defendant committed the criminal act and the time, place, means, consequences and other circumstances of the defendant's criminal act;

(3) Identity that affects the defendant's conviction;

(4) The defendant has the ability to be criminally responsible;

(5) The defendant’s guilt;

(6) Whether the defendant committed the same crime and whether the defendant committed the same crime in the *** status and role in the crime;

(7) The fact that the defendant should be severely punished.

2. Classification review and identification of evidence

1. Physical evidence and documentary evidence

Article 6 The following content should be focused on the examination of physical evidence and documentary evidence:

(1) Whether the physical evidence and documentary evidence are the original objects and original documents; whether the photos, videos or copies of the physical evidence and the copies and replicas of the documentary evidence are consistent with the original objects and original documents; whether the physical evidence and documentary evidence have been identified and authenticated; whether the physical evidence and documentary evidence have been identified and authenticated; Whether the photos, videos or reproductions and copies of documentary evidence were made by two or more people, and whether there are written instructions and signatures from the producers on the production process and where the originals and originals are stored.

(2) Whether the collection procedures and methods of physical evidence and documentary evidence comply with laws and relevant regulations; whether the physical evidence and documentary evidence extracted and seized after inspection, inspection, search, and seizure are accompanied by relevant transcripts or lists; transcripts or Whether the list has the signatures of investigators, item holders, and witnesses. If there is no signature of the item holder, whether the reason is stated; whether the characteristics, quantity, quality, name, etc. of the items are clearly stated.

(3) Whether physical evidence and documentary evidence have been damaged or changed during the collection, storage and identification process.

(4) Whether the physical evidence and documentary evidence are related to the facts of the case. For the crime-related biological evidence, traces, and items left at the scene such as blood stains, fingerprints, hair, and body fluids that are eligible for inspection and identification, whether they have been matched with the defendant or victim's corresponding biological materials and biometrics through DNA identification, fingerprint identification, and other identification methods. , items, etc. shall be subject to the same identification.

(5) Whether the physical evidence and documentary evidence related to the facts of the case have been fully collected.

Article 7: Blood stains, fingerprints, footprints, handwriting, hair, body fluids, human tissue and other traces and items that may be related to the facts of the case found during inquests, inspections, and searches should be extracted but are not. , should be tested but failed to test, resulting in doubts about the facts of the case, the People's Court shall explain the situation to the People's Procuratorate, and the People's Procuratorate may supplement the collection and acquisition of evidence in accordance with the law, make a reasonable explanation, or return it to the investigation agency for supplementary investigation and acquisition of relevant evidence.

Article 8 The physical evidence upon which the case is finalized shall be the original object.

Only when the original object is inconvenient to transport, difficult to preserve, or should be kept and processed by relevant departments according to law, or should be returned according to law, can photos, videos or copies that sufficiently reflect the appearance or content of the original object be taken or made. Photos, videos or copies of physical evidence that are verified to be correct with the original or proven to be authentic by appraisal, or whose authenticity can be proven in other ways, may be used as the basis for finalizing a case. If the photos, videos or reproductions of the original object cannot reflect the appearance and characteristics of the original object, they cannot be used as the basis for finalizing the decision.

The documentary evidence upon which the case is finalized shall be original. Copies or reproductions may only be used if there are genuine difficulties in obtaining the original. Copies or duplicates of documentary evidence, which have been verified to be correct with the originals or proved to be authentic by appraisal, or whose authenticity can be proven in other ways, may be used as the basis for finalizing a case. If the documentary evidence has been altered or there are signs of alteration that cannot be reasonably explained, and if the copies or duplicates of the documentary evidence cannot reflect the original document and its contents, they cannot be used as the basis for finalizing the case.

Article 9: The physical evidence and documentary evidence extracted and seized after inspection, inspection, search and seizure are not accompanied by the inspection and inspection transcripts, search transcripts, extraction transcripts and seizure list, and the source of the physical evidence and documentary evidence cannot be proved. , cannot be used as the basis for finalizing the decision.

If the following flaws exist in the collection procedures and methods of physical evidence and documentary evidence, through corrections or reasonable explanations by the relevant case handlers, the following can be adopted:

(1) Collecting the physical evidence, Documentary evidence: In the inspection and inspection records, search records, extraction records, and seizure lists, there are no signatures of investigators, item holders, witnesses, or the characteristics, quantity, quality, name, etc. of the items are unknown;

< p>(2) Collecting and retrieving photos, videos or copies of physical evidence. The copies and copies of documentary evidence are not marked to be indistinguishable from the originals, have no copying time, are not collected, and have no signature (seal) of the person (unit) who retrieved them.

(3) Photos, videos or reproductions of physical evidence, copies or reproductions of documentary evidence without the producer’s instructions on the production process and where the originals or originals are stored, or there is no signature in the instructions;

(4) There are other flaws in the collection procedures and methods of physical evidence and documentary evidence.

If there are doubts about the source and collection process of physical evidence or documentary evidence, and no reasonable explanation can be given, the physical evidence or documentary evidence cannot be used as the basis for finalizing the case.

Article 10 Physical evidence and documentary evidence that meet the conditions for identification shall be handed over to the parties or witnesses for identification, and appraisal shall be conducted when necessary.

2. Witness testimony

Article 11 The following content shall be focused on examining the witness testimony:

(1) Whether the content of the testimony was directly perceived by the witness.

(2) Whether the age, cognitive level, memory ability, expression ability, and physical and mental status of the witness when testifying affect the testimony.

(3) Whether the witness has any interest in the parties to the case or the outcome of the case.

(4) Whether the procedures and methods for obtaining testimony comply with the law and relevant regulations: whether violence, threats, inducements, deception and other illegal means are used to obtain evidence; whether there is any violation of the requirement that interrogating witnesses should be conducted individually Regulations; whether the transcript has been verified and confirmed by the witness, signed (stamped), and fingerprinted; ask the minor witness whether his legal representative has been notified and whether his legal representative is present, etc.

(5) Whether the witness testimony and other evidence can corroborate each other, and whether there is any contradiction.

Article 12 Witness testimony obtained through violence, threats or other illegal means cannot be used as the basis for finalizing a case.

The testimony provided by a witness who is obviously drunk, intoxicated by narcotics or anesthetized by psychotropic drugs and cannot express himself correctly cannot be used as the basis for finalizing a case.

Witnesses’ speculative, commentary, and inferential testimony cannot be used as evidence, except when judged to be consistent with the facts based on general life experience.

Article 13: Witness testimony under any of the following circumstances cannot be used as the basis for finalizing a case: (1) Testimony obtained by questioning the witness without conducting individual interviews;

(2) There is no written testimony that has been verified, signed (stamped), or fingerprinted by the witness;

(3) Questioning the deaf-mute or ethnic minority personnel who are not proficient in the local common language and script. , foreigners, should provide a translation but failed to do so.

Article 14 If the procedures and methods for collecting witness testimony have the following flaws, and the relevant case handlers make corrections or make reasonable explanations, they may be adopted:

(1) Failure to fill in the inquiry The name of the person, recorder, legal representative, or the start and end time and place of the questioning;

(2) The location where the witness was questioned does not comply with the regulations;

(3) The interrogation transcript does not contain The record informs witnesses that they must provide testimony truthfully and that those who intentionally commit perjury or conceal criminal evidence will be held legally responsible;

(4) The interrogation transcript reflects that the same interrogator interrogated different witnesses during the same time period.

Article 15: The People’s Court shall notify witnesses who meet the following circumstances to appear in court to testify; if the written testimony of a witness who fails to appear in court to testify after being notified in accordance with the law cannot be confirmed through cross-examination, it shall not be used as the basis for finalizing the case:

(1) The People's Procuratorate, the defendant and his defender have objections to the witness's testimony, and the witness's testimony has a significant impact on the conviction and sentencing;

(2) The People's Court believes that others should appear in court to testify.

The witness's testimony in court is inconsistent with his pre-trial testimony. If the witness can give a reasonable explanation for his rebuttal in court and has relevant evidence to prove it, the trial testimony should be accepted.

As for the written testimony of a witness who has not appeared in court to testify, the opinions of the prosecutors, defendants and their defenders who have appeared in court should be heard, and a comprehensive judgment should be made in conjunction with other evidence. If there are contradictions in the written testimony of a witness who has not appeared in court to testify, and the contradiction cannot be eliminated and there is no evidence to prove it, it cannot be used as the basis for finalizing the case.

Article 16 If a witness testifies that involves state secrets or personal privacy, the testimony shall be kept confidential.

When a witness appears in court to testify, when necessary, the people's court may take protective measures such as restricting the disclosure of witness information, restricting questioning, masking the appearance, and changing the voice.

3. Victim’s Statement

Article 17 The aforementioned relevant provisions on witness testimony shall apply to the review and determination of the victim’s statement.

4. The defendant’s confession and defense

Article 18 The defendant’s confession and defense should focus on the following contents: (1) The time and place of the interrogation, and the identity of the interrogator Whether it complies with the law and relevant regulations, whether there are no less than two investigators interrogating the defendant, whether the interrogation of the defendant is conducted individually, etc.

(2) Whether the production and modification of the interrogation transcript complies with the law and relevant regulations, whether the interrogation transcript indicates the start and end time of the interrogation and the location of the interrogation, and whether the defendant is notified of the application for recusal, hiring of a lawyer, etc. during the first interrogation. Rights, whether the defendant has verified and signed (stamped), fingerprinted, whether there are signatures of no less than two interrogators, etc.

(3) When interrogating deaf-mute persons, ethnic minority persons, and foreigners, whether a person familiar with deaf-mute gestures or an interpreter is provided, and when interrogating minor accomplices, whether their legal representatives are notified to be present. , whether its legal representative is present.

(4) Whether the defendant's confession was obtained by illegal means such as torture, and if necessary, the defendant's health examination records and transcripts of entering and exiting the detention center can be obtained.

(5) Whether the defendant’s confessions are consistent, whether there are repetitions and the reasons for the repetitions; whether all the defendant’s confessions and defenses have been collected and included in the file; the confessions and defenses that should be included in the file have not been included in the file. volume, whether relevant instructions have been issued.

(6) Whether the content of the defendant’s defense is consistent with the facts of the case and common sense, and whether there are any contradictions. (7) Whether the defendant's confession and defense, those of the co-defendant and other evidence can corroborate each other, and whether there are any conflicts.

For the above content, if the investigative agency transfers audio and video materials along with the case, it shall be reviewed in conjunction with the relevant audio and video materials.

Article 19 A defendant’s confession obtained through illegal means such as torture or other illegal means cannot be used as the basis for finalizing a case.

Article 20 The defendant’s confession under any of the following circumstances cannot be used as the basis for finalizing the case:

(1) The interrogation transcript has not been checked, confirmed and signed (stamped) by the defendant ), fingerprints;

(2) When interrogating a deaf-mute person or a person who is not familiar with the local common language or writing, a person who is familiar with the gestures of the deaf-mute or a translator should be provided but is not provided.

Article 21 If the interrogation transcript has the following flaws, and the relevant case handlers make corrections or make reasonable explanations, the following can be adopted:

(1) The interrogation time and interrogation time filled in the transcript There are errors or contradictions in the person, recorder, legal representative, etc.;

(2) The interrogator did not sign;

(3) The first interrogation transcript did not record the notification to the interrogator content of the person’s litigation rights.

Article 22 The review of the defendant’s confession and defense shall be conducted in conjunction with all evidence provided by the prosecution and defense as well as all of the defendant’s own confession and defense.

The defendant’s pre-trial confession is consistent and the confession is reversed during the trial, but the defendant cannot reasonably explain the reason for the retraction or his defense is inconsistent with the evidence in the entire case. If the pre-trial confession and other evidence can corroborate each other, it may be accepted. Defendant's pretrial statement.

The defendant’s pre-trial confession and defense are repeated, but if the confession is made during the trial, and the confession during the trial can be corroborated with other evidence, the confession during the trial may be accepted; the defendant’s pre-trial confession and defense are repeated. Repeatedly, if there is no confession during the trial and there is no other evidence to corroborate the pre-trial confession, the pre-trial confession cannot be accepted.

5. Appraisal Opinions

Article 23 The appraisal opinions shall focus on examining the following contents:

(1) Whether the appraiser exists and should be recused but not recused situation.

(2) Whether the appraisal institution and appraiser have legal qualifications.

(3) Whether the appraisal procedure complies with laws and relevant regulations.

(4) Whether the source, acquisition, storage, and submission of inspection materials comply with laws and relevant regulations, whether they are consistent with the contents recorded in relevant extraction records, lists of seized items, etc., and whether the inspection materials are sufficient and reliable.

(5) Whether the identification procedures, methods, and analysis processes comply with the inspection and identification procedures and technical method requirements of the profession.

(6) Whether the formal requirements of the appraisal opinion are complete, and whether the reason for initiating the appraisal, the appraisal client, the appraisal institution, the appraisal requirements, the appraisal process, the inspection method, the date of the appraisal document and other relevant contents are indicated, Whether it is stamped with a special seal by the appraisal agency and signed and stamped by the appraiser.

(7) Whether the appraisal opinion is clear.

(8) Whether the appraisal opinion is related to the facts to be proved in the case.

(9) Whether there is any contradiction between the appraisal opinion and other evidence, and whether there is any contradiction between the appraisal opinion and the inspection transcript and relevant photos.

(10) Whether the appraisal opinion is notified to relevant personnel in a timely manner in accordance with the law, and whether the parties concerned have any objection to the appraisal opinion.

Article 24 If the appraisal opinion falls under any of the following circumstances, it cannot be used as the basis for finalizing the case:

(1) The appraisal institution does not have the legal qualifications and conditions, or the appraisal matters It exceeds the project scope or appraisal capabilities of the appraisal agency;

(2) The appraiser does not have the legal qualifications and conditions, the appraiser does not have relevant professional skills or professional titles, or the appraiser violates the avoidance regulations;

< p>(3) There are errors in the identification procedures and methods;

(4) The identification opinions are not related to the object of certification;

(5) The identification object is related to the materials and samples submitted for inspection Inconsistent;

(6) The source of the materials and samples submitted for inspection is unknown or they are indeed contaminated and do not meet the identification conditions;

(7) Violation of relevant identification specific standards;

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(8) The appraisal document lacks signatures and seals;

(9) Other violations of relevant regulations.

If there is any doubt about the appraisal opinion, the people's court shall notify the appraiser to appear in court to testify in accordance with the law or issue relevant explanations, and may also supplement the appraisal or re-appraisal in accordance with the law.

6. Inspection and inspection records

Article 25 The inspection and inspection records shall focus on the following contents:

(1) Inspection , Whether the inspection is carried out in accordance with the law, whether the production of the transcript meets the requirements of the law and relevant regulations, whether the inspection and inspection personnel and witnesses have signed or stamped their signatures, etc.

(2) Whether the contents of the inspection and inspection records are comprehensive, detailed, accurate and standardized: whether the reasons for initiating the inspection and inspection, the time and place of the inspection and inspection, the persons present, and The location of the scene, the surrounding environment, etc.; whether the location, characteristics and other details of the scene, objects, persons, corpses, etc., as well as the process of inspection, inspection, and search are accurately recorded; whether the written records are consistent with the physical objects or drawings, videos, and photos; Whether the form and method of fixing the evidence are scientific and standardized; whether the scene, objects, traces, etc. have been destroyed or forged, and whether they are the original scene; whether there are disguises or changes in personal characteristics, injuries, and physiological conditions, etc.

(3) If additional inspections and inspections are carried out, whether there are any contradictions between the previous and later inspections and inspections, and whether the reasons for the second inspection and inspection are explained.

(4) Whether the circumstances recorded in the inquest and inspection records can be corroborated by other evidence such as the defendant’s confession, the victim’s statement, and expert opinions, and whether there is any contradiction.

Article 26 If there are circumstances in the inspection and inspection records that are obviously inconsistent with the law and relevant regulations, and no reasonable explanation or explanation can be given, they cannot be used as evidence.

If there are no witnesses to the survey or inspection in the records of the survey or inspection, if the survey or inspection personnel and witnesses do not have their signatures or seals, if the survey or inspection personnel violate the recusal regulations, etc., they shall Combined with other evidence in the case, review its authenticity and relevance.

7. Audio-visual materials

Article 27 The following content should be focused on reviewing audio-visual materials:

(1) Whether the source of audio-visual materials is legal and whether the production Whether the parties were threatened, induced, or otherwise violated laws and relevant regulations during the process;

(2) Whether the identity of the producer or holder, the time, place and conditions of production, and the production method are stated ;

(3) Whether it is the original, whether there are copies and the number of copies; the audio-visual materials retrieved are copies, and whether the reasons why the originals cannot be retrieved, the production process and the storage location of the originals are attached. Explain whether it is signed or stamped by the producer and the original audio-visual material holder;

(4) Whether the content and production process are authentic, and whether they have been forged or altered through editing, addition, deletion, editing, etc. Circumstances;

(5) Whether the content is relevant to the facts of the case.

If there is any doubt about the audio-visual materials, they should be authenticated.

Audio-visual materials should be reviewed for authenticity and relevance in conjunction with other evidence in the case.

Article 28 Audio-visual materials that fall under any of the following circumstances cannot be used as a basis for finalizing a case:

(1) The authenticity of the audio-visual materials cannot be determined after examination or appraisal;< /p>

(2) Objection to the time, place, method, etc. of the production and acquisition of audio-visual materials, and failure to give a reasonable explanation or provide necessary proof.

8. Other provisions

Article 29: Electronic evidence such as emails, electronic data interchange, online chat records, online blogs, mobile phone text messages, electronic signatures, domain names, etc. shall be The following contents are mainly reviewed:

(1) Whether the electronic evidence storage disk, storage CD and other removable storage media are submitted together with the printout;

(2) Whether the electronic evidence storage disk, storage CD and other removable storage media are submitted together with the printout; The time, place, object, producer, production process and equipment status of electronic evidence, etc.;

(3) Whether the procedures and links of production, storage, transmission, acquisition, collection, presentation, etc. are legal, and whether the person taking the evidence is legal , whether the producer, holder, witness, etc. has signed or stamped it;

(4) Whether the content is authentic, and whether there is any forgery or alteration such as cutting, piecing together, tampering, adding, etc.;

(5) Whether the electronic evidence is relevant to the facts of the case. If there is any doubt about electronic evidence, it should be authenticated.

For electronic evidence, its authenticity and relevance should be reviewed in conjunction with other evidence in the case.

Article 30: If any of the following circumstances exist in the identification organized by the investigation agency, it shall be strictly reviewed. If the authenticity cannot be determined, the identification results cannot be used as the basis for finalizing the case:

(1) The identification is not carried out under the auspices of investigators;

(2) The identification person is allowed to see the identification object before the identification;

(3) The identification activities of the identification person are not carried out without Conducted individually;

(4) The identification objects are not mixed with other objects with similar characteristics, or the number of objects for identification does not meet the regulations; except for corpses, places and other specific identification objects.

(5) During the identification, the person making the identification is given obvious hints or suspicions of identification.

In any of the following circumstances, the identification results can be used as evidence through corrections or reasonable explanations by relevant case investigators:

(1) The number of investigators in charge of the identification is less than Two people;

(2) Failure to ask the identifyr in detail about the specific characteristics of the identification object;

(3) Failure to create a special and standardized identification record of the identification process and results. , or the identification record does not have the signatures or seals of investigators, identifiers, or witnesses;

(4) The identification record is too simple, only the results without the process;

(5) ) There are only identification transcripts in the case file, but no photos, videos and other materials of the identified objects, so it is impossible to know the true circumstances of the identification.

Article 31: The case-solving process and other materials issued by the investigative agency shall be examined to see whether they have the signature or seal of the case handler and the case-handling agency who issued the explanatory materials.

If you have any questions about the process of solving the case, or the basis for determining that the defendant is a major suspect, you should request the investigation agency to provide additional explanations.

3. Comprehensive review and application of evidence

Article 32 The probative power of evidence shall be based on the specific circumstances of the case and the degree of correlation between each piece of evidence and the facts to be proved. , the connection between various pieces of evidence, etc. are reviewed and judged.

Evidences that are intrinsically linked, point to the same fact to be proved, and can reasonably eliminate contradictions can be used as the basis for finalizing a case.

Article 33 If there is no direct evidence to prove that the criminal act was committed by the defendant, but the following conditions are met at the same time, the defendant may be found guilty:

(1) Indirect evidence based on which the case is finalized The evidence has been verified to be true;

(2) The indirect evidence based on which the case is decided corroborates each other, and there are no contradictions that cannot be ruled out and unexplained doubts;

(3) The evidence is based on The indirect evidence that has finalized the case has formed a complete system of proof;

(4) The conclusion of the case facts determined based on the indirect evidence is unique and sufficient to eliminate all reasonable doubts;

(5) Reasoning using indirect evidence is consistent with logic and empirical judgment. When a case is decided based on circumstantial evidence, special caution should be exercised in imposing the death penalty.

Article 34: Highly concealed physical evidence and documentary evidence are extracted based on the defendant’s confession and identification, and are mutually corroborated with other evidence proving the occurrence of the crime, and exclude collusion, forced confession, inducement of confession, etc. Possible, can be found guilty.

Article 35: The physical evidence, documentary evidence and other evidence materials collected by the investigative agency using special investigative measures in accordance with relevant regulations can be used as the basis for finalizing the case if they are verified to be true by the court.

The court shall not disclose the process and methods of special investigative measures in accordance with the law.

Article 36: After the defendant is found guilty, the people's court determines the defendant's sentencing facts. In addition to examining the statutory circumstances, it should also examine the following circumstances that affect sentencing:

< p>(1) The cause of the case;

(2) Whether the victim was at fault and the extent of his fault, and whether he was responsible for the intensification of the conflict and the extent of his responsibility;

(3) The defendant's Whether close relatives assisted in capturing the defendant;

(4) The defendant’s usual behavior and attitude of repentance;

(5) The victim’s incidental civil lawsuit compensation situation, whether the defendant obtained the victim’s compensation Or the victim’s close relatives understand;

(6) Other circumstances that affect sentencing.

If there are circumstances such as lenient or reduced punishment, as well as circumstances such as severe punishment, the relevant circumstances shall be considered in accordance with the law.

If it cannot be ruled out that the defendant has sentencing circumstances such as lenient or mitigated punishment, special caution should be exercised in imposing the death penalty.

Article 37: Evidence under the following circumstances shall be used with caution and may be accepted if corroborated by other evidence:

(1) Victims with physical or mental defects Statements, testimonies and confessions made by witnesses and defendants who have certain difficulties in understanding and expressing the facts of the case but have not lost the ability to correctly understand and express correctly;

(2) and Testimonies favorable to the defendant made by witnesses who are related to the defendant by relatives or other close relationships, or testimonies adverse to the defendant made by witnesses who have conflicts of interest with the defendant.

Article 38: If the court has doubts about the evidence, it may notify the prosecutors, defendants and their defenders who appear in court to supplement the evidence or make explanations; if verification is really necessary, it may adjourn the court and review the evidence. Investigate and verify. When the court conducts an out-of-court investigation, if necessary, the prosecutors and defenders who appear in court may be notified to be present. If one or both prosecutors and defenders are not present, the court will record the case.

Based on the evidence supplemented by the People's Procuratorate and the defender and obtained through out-of-court investigation and verification by the court, the court may seek the opinions of the prosecutors and defenders who appear in court out of court. If the two parties have disagreements and one party requests the People's Court to hold a hearing for investigation, the People's Court shall hold a hearing.

Article 39: If the defendant and his defender propose facts and reasons for surrender, but the relevant authorities fail to recognize them, they shall require the relevant authorities to provide supporting materials or require relevant personnel to testify, and make judgments based on other evidence. Whether the surrender is established.

If the evidence proving whether or how the defendant assisted in the capture of a co-defendant is incomplete, resulting in the inability to determine that the defendant has committed meritorious service, the relevant authorities shall be required to provide supporting materials or relevant persons shall be required to testify, and shall be combined with other evidence to determine whether the defendant has committed meritorious service. established.

If the defendant has made a report or exposed the crime of another person, he shall examine whether it has been verified to be true; if it has not yet been verified, he shall verify it in a timely manner.

The defendant’s recidivism evidence is incomplete and the relevant authorities should be required to provide such evidence.

Article 40: The review of whether the defendant was over 18 years old when he committed the crime shall generally be based on the household registration certificate; if there is any objection to the household registration certificate, there must be a birth certificate document that has been verified to be true, and there is no interest or interest. If evidence such as the testimony of a related person proves that the defendant is under the age of 18, the defendant shall be deemed to be under the age of 18; if there is no household registration certificate or birth certificate, the judgment shall be based on the census registration, testimony of uninterested persons and other evidence. , if necessary, bone age identification can be carried out and the results can be used as a reference for judging the age of the defendant.

If the contradiction between the evidence is not eliminated, and there is no sufficient evidence to prove that the defendant was over 18 years old when he committed the alleged crime and it is indeed impossible to find out, he cannot be deemed to be over 18 years old.

Article 41 These regulations will come into effect on July 1, 2010