1998 version of the provisions on certain issues in the implementation of the Code of Criminal Proce

Summary. Pro-<>

I am glad to answer for you: "Understanding and Application of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" elaborates on this issue, clearly pointing out that disability compensation, death compensation, and mental damage expenses are not within the scope of compensation in civil litigation cases attached to criminal cases, even if a civil lawsuit is filed separately (except for cases where driving a motor vehicle causes property damage).

Provisions of the Supreme People's Court on Several Issues in the Implementation of the Criminal Procedure Law.

<> I am glad to answer for you: "Understanding and Application of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" has elaborated on this issue, and clearly pointed out that the compensation for disability, death and laughter, and mental damage are not known in the scope of compensation in civil litigation cases attached to criminal cases, even if a civil lawsuit is filed separately (except for cases of property damage caused by driving a motor vehicle).

Legal basis: Article 101 of the Criminal Procedure Law of the People's Republic of China provides that if the victim suffers material losses as a result of the defendant's criminal conduct, he has the right to initiate an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated ** person or close relative, Huai Tangsen, has the right to initiate an attached civil lawsuit.

1. Rules of Evidence in Criminal Proceedings.

The people's procuratorate bears the burden of proof of the defendant's guilt in a public prosecution case, and the burden of proof of the defendant's guilt in a private prosecution case is borne by the private prosecutor.

In sentencing all cases, emphasis should be placed on evidence, investigation and study, and confessions should not be easily believed. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and punished; Where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment. The evidence is credible and sufficient, and shall meet the following requirements:

1. The facts of conviction and sentencing are all supported by evidence;

2. The evidence on which the verdict is based has been verified and verified through legal procedures;

3. Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the ascertained facts.

2. What are the characteristics of evidence in criminal proceedings.

1. Objectivity; It refers to the objective material traces and subjective perception traces that are used as evidence in the case, which are both objective reflections of the facts of the case that have already occurred, and are not things that are subjectively imagined, speculated and fabricated.

2. Relevance; Also known as relevance, it means that the evidence must be substantively related to the facts of the case, so as to have a probative effect on the facts of the case.

3. Legitimacy; It means that the form, collection, presentation, and verification of evidence are all regulated and adjusted by law, and the evidence used as the basis for a verdict must meet the standards for evidence collection prescribed by law and be permitted by law.

3. Establish the burden of proof on the procuratorial organs in criminal cases.

The burden of proof in criminal cases is as follows:

1. The people's procuratorate bears the burden of proving the guilt of the suspect or defendant, that is, in a case where the procuratorate initiates a public prosecution, it must meet the standard that the facts of the crime have been clarified, the evidence is credible and sufficient, and criminal responsibility shall be pursued in accordance with law.

2. The private prosecutor in a private prosecution case shall bear the burden of proof for the accusation. In private prosecution cases, the private prosecutor is in the position of the plaintiff, independently assumes the responsibility of making a complaint, and shall bear the burden of proof for the accusation and claim made by him in accordance with the law.

3. The suspect or defendant bears the responsibility of presenting evidence that should be borne by Chi Budang.