Characteristics and Judgment of Verbal Evidence in Criminal Proceedings 10

Verbal evidence in criminal evidence includes: witness testimony, victim statements, and confessions and justifications of criminal suspects and defendants.

The following conditions must be met for these three types of verbal evidence.

First, a certain subject statement.

2. Scope of the respective contents.

Third, they must make a statement to the public security and judicial personnel.

If the defendant extorts the victim's ** recording, this is not a confession by the criminal suspect or defendant, because it is not a statement to the public security and judicial personnel.

Article 42 of the Criminal Procedure Law stipulates that all facts that prove the true circumstances of a case are evidence.

There are seven types of evidence.

1) Evidence of closure and documentary evidence;

2) witness testimony;

3) The victim's statement;

4) Confessions and justifications of criminal suspects or defendants;

5) Appraisal conclusions;

6) Records of inquests and inspections;

7) Audio-visual materials.

The above evidence must be verified to be true before it can be used as the basis for a verdict.

I. Provisions on Verbal Evidence in Criminal Prosecutions.

Evidence that uses a person's statement as the form of existence and expression, also known as a witness, includes the victim's statement, the criminal suspect's or defendant's confession and justification, witness testimony, appraisal conclusions, identification records, ** recordings, etc. An appraisal conclusion is a special kind of verbal evidence, which is an opinion or opinion made by an evaluator after analyzing and judging specialized issues related to the case based on the materials provided by judicial personnel, and thus making a written conclusion, and its essence is still a kind of human witness. In common law countries, the conclusion of the appraisal falls under the category of witness testimony, which is called "expert testimony" or "expert opinion".

Because verbal evidence is manifested as a person's statement, as a person's understanding and reflection, its advantage is vivid, vivid, and concrete, and the disadvantage is that the objectivity is poor, so a prominent feature of verbal evidence is that it can dynamically prove the facts of the case, because the parties and witnesses are direct or indirect perceivers of the facts of the case, and their statements can enable the judicial source personnel to quickly grasp the whole picture of the case from the whole and even in the details, which is incomparable with physical evidence. However, it is precisely because verbal evidence is expressed as a human statement that it has the characteristics of instability and variability, because the formation of verbal evidence generally goes through three stages: perception, memory, and statement, and in these three stages, it may be distorted due to the influence of various factors, such as the parties to the criminal proceedings may make false statements because they have a direct interest in the outcome of the litigation; Witnesses may also testify untruthfully due to factors such as perceptual ability, personal qualities, and threats and inducements, thus making the verbal evidence inconsistent with the real circumstances of the case.

II. Precautions for Verbal Evidence in Criminal Prosecutions.

1. In terms of its content, verbal evidence is the facts related to the case that the presenter directly or indirectly perceives, and its statement is often fixed in a certain carrier. Verbal evidence usually consists of transcripts (i.e., documentary material).

body, such as records of interrogation of criminal suspects or defendants, records of interrogation of witnesses; According to the provisions of current Chinese law, witnesses can provide written testimony, and criminal suspects can also write written confessions; In the investigation of some major cases, audio or video recordings may also be used to record the statements of the presenters. However, regardless of the method of recording, the content of the record is still the facts of the case stated by the presenter, so it cannot be represented as a physical object because the carrier is presented.

The above evidence is considered to be physical evidence.

2. The appraisal conclusion is also verbal evidence. Although the appraisal conclusion is in written form, its essence is the conclusive opinion made by the appraiser after the appraisal of some specialized issues in the case, and it is heard in court.

, the parties have the right to ask questions about the appraisal conclusions, and the appraisers have the obligation to make oral statements to explain and supplement their appraisal conclusions. In common law countries, the appraisal conclusion falls under the category of witness testimony and is called.

Expert testimony" or "expert opinion". Therefore, the appraisal conclusion is also a kind of verbal evidence.

Legal analysis: Litigation evidence is an objective and true material used in litigation to prove the true situation of a case. All facts that can prove the true situation of the case are evidence.

The basic characteristics of procedural evidence are: Evidence in criminal proceedings must be objective, related, and legal at the same time, and all of them are indispensable, otherwise they cannot be used as the basis for a verdict. The objective sacrifice of evidence is the fact that exists without the will of man.

The relevance of the evidence is that there is a certain connection between the evidence and the facts of the case. The legality of evidence refers to the legality of the subject, evidence, and form of evidence used in accordance with legal procedures, and verified in accordance with legal procedures.

Legal basis: Several Provisions of the Supreme People's Court of the People's Republic of China on Evidence in Civil Proceedings Article 50: The parties shall focus on the authenticity, relevance, and legality of the evidence, and conduct questioning, explanation, and refutation of the evidence's probative force and its probative force.