The key to exposing the whole process of the parties committing illegal and criminal acts lies in collecting evidence, which is an important way for Chinese public security organs to understand and investigate cases. As long as it can directly or indirectly reflect the criminal behavior of the suspect at that time, it can be used as evidence. The Criminal Procedure Law has a clear classification of evidence, including documentary evidence. Then, what are the documentary evidences in China's criminal procedure law?
1. What are the documentary evidences in China's criminal procedure law?
Documentary evidence refers to the evidence that proves the facts of a case with words, symbols or pictures.
Common documentary evidence includes contracts, various public and private documents, lease contracts, marriage certificates, real estate licenses, trademarks, letters, telegrams, famous brands, tourist tickets, various transport documents and traffic accident responsibility confirmation. Documentary evidence proves the facts of the case with ideological content; The ideological content of documentary evidence is expressed by words, symbols or pictures. All kinds of medical bills in traffic accidents and mediation agreements reached by the parties themselves are documentary evidence.
Article 54 of the Criminal Procedure Law
People's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant units and individuals. The relevant units and individuals shall truthfully provide evidence.
Evidence materials such as physical evidence, documentary evidence, audio-visual materials and electronic data collected by administrative organs in the process of administrative law enforcement and case investigation can be used as evidence in criminal proceedings.
Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential. Whoever forges, conceals or destroys evidence, and whoever the evidence belongs to, will be investigated by law.
Second, classification
Documentary evidence
Refers to the documentary evidence that proves the relevant facts of the case with written records.
Graphic document evidence
Documentary evidence refers to the graphic content that proves the situation related to the case.
Symbolic documentary evidence
Refers to the documentary evidence with symbols as the content to prove the relevant situation of the case.
Private document certificate
Refers to documentary evidence other than official documents.
Official documents and certificates
Refers to the documents produced by state organs, enterprises, institutions and people's organizations within the scope of their statutory functions and powers, which are used as documentary evidence to prove the relevant situation of the case.
One-time written evidence
Refers to documentary evidence recorded or expressed in order to produce certain legal consequences.
Report written evidence
Refers to the content recorded or expressed by documentary evidence, which only reflects the knowledge, feelings and experiences of the producer.
Second, the principle of evidence investigation and collection
1, evidence collection must be active and timely.
If you call 1 10 in case of a criminal case, the police will call the police immediately. The more timely the report, the more timely the evidence collection. In judicial practice, the delay in evidence collection is mostly due to the delay in reporting the case by the parties. After a long time, the crime scene may have been destroyed by criminals, and the public security organs can't get valid evidence and can't file a case.
2. Collecting evidence should be purposeful and planned.
In a murder case, we should first investigate the person who has a grudge against the owner, and gradually narrow the scope of suspects through investigation to determine the key suspects.
As the situation changes, the purpose and plan will also change.
3. Collect evidence objectively and comprehensively.
Objectivity means opposing preconceptions and subjective assumptions. Don't be influenced by subjective consciousness. Comprehensive, that is, it is necessary to collect evidence to prove that the suspect is guilty and to collect evidence to prove that the suspect is innocent.
4. Collect evidence in depth and in detail.
In-depth and meticulous investigation and evidence collection is often different from superficial phenomena. Often because there is no careful and in-depth investigation, the most favorable evidence is missed.
5, relying on the combination of the masses and scientific and technological means.
Rely on the masses, because any crime will leave traces. Find more people to investigate, and the more clues you can collect, the more comprehensive you will be. Instead of telling the masses that they are suspected without trial, inciting people who don't know the truth to shout slogans and suppressing justice with public opinion.
With the continuous development of science and technology, we should make full use of advanced scientific and technological means to obtain evidence and identify its authenticity.
6. Strictly abide by legal procedures and keep secrets.
Strictly abide by legal procedures, and it is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods.
7, evidence must be fixed in time, properly preserved.
If the original evidence cannot be preserved or attached for a long time, it shall be photographed and copied in time, and detailed records shall be made.
It can be seen that there are many kinds of documentary evidence stipulated in China's criminal procedure law, including words and figures, official documents, train tickets, telegrams, letters and so on. As long as it is presented on paper, the facts of the case can be proved. Moreover, it is impossible for public security organs to prove the criminal behavior of the parties by collecting documentary evidence. At present, there are many special high-tech criminal investigation methods in collecting evidence.