If there are only human witnesses and no other evidence, can I be sentenced?

Only if the witnesses can corroborate each other and can prove the facts of the crime, they can be convicted and sentenced.

The law stipulates that in all cases, the sentencing should be based on evidence, investigation and research, 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 given a punishment. As long as there is evidence that can prove the facts of the case, in line with the provisions of the law, there is no problem with conviction, and there is a lot of evidence in the national law, such as documentary evidence, human evidence, physical evidence, ** materials, etc., as long as it complies with the law and the facts of the case can be determined, it can be convicted and sentenced.

Conviction, also known as criminal determination, refers to the confirmation and evaluation of whether an act constitutes a crime, what kind of crime it constitutes and whether it constitutes a misdemeanor or a felony in accordance with the provisions of the Criminal Law. A conviction has the following characteristics:

1. The subject of conviction is the people's court;

2. The object of conviction is an act that infringes on legal interests;

3. The nature of the conviction is a criminal justice activity.

Conviction is a prerequisite for criminal responsibility, and the ultimate purpose of conviction is to solve the problem of the criminality of the act. Criminality here, in a narrow sense, refers to the question of sin and non-sin. Broadly speaking, it also includes the question of one sin and another, misdemeanor and felony.

Conviction is a prerequisite for criminal punishment, and a person's actions can only be punished after they are found guilty. The penal punishment is the inevitable consequence of the penal retribution, because the penal retribution pursues the punishment of the guilty, that is, the inevitability and certainty of the crime and the punishment. Therefore, correct conviction is of great significance for the realization of penal retribution.

Article 55 of the Criminal Procedure Law of the People's Republic of China: In all cases, sentencing should emphasize evidence, investigation and research, and not lightly believe confessions. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and given a punishment. 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 to be true through legally-prescribed procedures;

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

Categories: Society Culture >> Law.

Problem description: Suppose a person kills only a person in front of n people, and then penetrates the knife and bloody clothes into the steelmaking furnace, will he be convicted of murder? I watched a Hong Kong TV show where a couple of policemen chased a person who sold counterfeit banknotes, and that person burned the banknotes, and the police couldn't do anything, is that right?

Analysis: According to the regulations, if there are only human witnesses, there can be no conviction. But in reality, it is very difficult to leave no physical evidence.

Just like burning money in the sky, you can also use paper ash for identification. Examples of homicide will also leave faint traces of blood on other parts of the murderer's body, and there will also be his fingerprints, footprints, etc. at the scene of the murder.

Only when the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with law, can the defendant be convicted and sentenced. If the testimony of a witness can be mutually corroborated with the defendant's confession, it may be used as evidence for conviction; If there is only one witness testimony and no other evidence to support it, the defendant cannot generally be convicted.

Legal basis: Article 55 of the Criminal Procedure Law of the People's Republic of China stipulates that in all cases, the sentencing of all cases must be based on evidence, investigation and research, 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 sentenced; Where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and given a split and confiscated 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 to be true through legally-prescribed procedures;

3) Synthesize all the evidence in the case, and exclude any doubt about the facts ascertained.

Evidence must be verified to be true before it can be used as the basis for a verdict. Witness testimony is a type of evidence, and if there is only a confession and no other evidence, the defendant must not be found guilty and punished. Therefore, there is a statement that there is no physical evidence to convict someone.

According to Article 48 of the Criminal Procedure Law, all materials that can be used to prove the facts of a case are evidence.

Article 53:In sentencing all cases, emphasis should be placed on evidence, investigation and research, and confessions should not be lightly believed. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and given a punishment. 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 to be true through legally-prescribed procedures;

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

We need to question 10 or more people and look for other evidence.