How exactly does the collection of innocent evidence work? What are the scope categories?

Based on whether the probative effect of the evidence is to affirm or deny that the criminal suspect or defendant has committed a criminal act, the evidence may be divided into guilty evidence and evidence of innocence. Any evidence that can affirm that a criminal suspect or defendant committed a criminal act and that can prove the severity of the criminal act is evidence of guilt. Any evidence that can prove that the facts of the crime do not exist, or deny that the criminal suspect or defendant committed a criminal act, is evidence of innocence.

1. Rules for the use of evidence of guilt and evidence of innocence.

1. When collecting evidence, it is necessary to adhere to the principle of objectivity and comprehensiveness, overcome preconceived notions, and pay attention to the collection of both incriminating evidence and innocent evidence;

2. In terms of the standard of proof, the existence of innocent evidence can only be excluded if the evidence of guilt reaches the level of true sufficiency;

3. In the process of proof, the evidence of guilt and the evidence of innocence are evenly matched, and at this time, the only way to declare innocence is to follow the principle of "no guilt in doubt".

2. What is evidence?

1. Facts, things that exist objectively;

2. Examples, actual cases;

3. Expert opinions, scientifically verified and recognized views.

3. 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.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 50: Materials that may be used to prove the facts of a case are all evidence. Evidence includes: physical evidence; documentary evidence; witness testimony; victim statements; confessions and justifications of criminal suspects and defendants; Appraisal opinions; Records of inquests, inspections, identifications, and investigative experiments; Audiovisual materials, electronic data.

Evidence of guilt and evidence of innocence is a highly theoretical and practical issue, which is of great significance for mastering legal theories and improving the ability to handle cases.

1 The concept of evidence of guilt and evidence of innocence.

On the basis of whether the evidence can prove the existence of the facts of the crime or that the criminal conduct was committed by the criminal suspect or defendant, the evidence may be divided into evidence of guilt and evidence of innocence. Any evidence that can prove the existence of the facts of the crime and that the criminal act was committed by the criminal suspect or defendant is evidence of guilt. Any evidence that can deny the existence of the facts of the crime, or that can prove that the criminal suspect or defendant did not commit a criminal act, is evidence of innocence.

2 Use of evidence of guilt and evidence of innocence.

Article 50 of the Criminal Procedure Law clearly stipulates that adjudicators, procurators, and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of a criminal suspect or defendant and the severity of the crime. When using evidence of guilt and innocence, in addition to following the common rules for the use of evidence, special attention should be paid to the following:

1) It is necessary to pay attention to the collection of evidence of guilt and the evidence of innocence, and to prevent one-sidedness;

2) When making a definitive determination of the defendant's guilt, the evidence of guilt should be credible and sufficient, and the possibility of innocence should be ruled out. If there is evidence of innocence in the case that has not been excluded, a conclusion of guilt cannot be reached.

Evidence of guilt: Evidence that proves guilt.

Evidence of innocence: Evidence that proves innocence.

1. "Evidence of guilt" refers to evidence that can prove the existence of criminal facts, the guilt of the criminal suspect or defendant, or the aggravation of the criminal responsibility of the criminal suspect or defendant.

Evidence of guilt is generally presented by the accuser when he makes accusations against a criminal suspect or defendant, and is also the basis for the people's court to make a guilty verdict and increase the punishment, so it is also called evidence for accusation.

2. "Evidence of innocence" refers to evidence that refutes the accusation and can prove that the facts of the crime do not exist, or that the criminal suspect or defendant is not guilty, that the crime is minor, and that their criminal responsibility is reduced.

Evidence of innocence is generally submitted by the criminal suspect or defendant during the defense, and is the basis for the people's court to make a not-guilty verdict and commute punishment.

3. Rules for the use of evidence of guilt and evidence of innocence:

1. When it comes to mobile phone evidence, the principles of objectivity and comprehensiveness should be adhered to;

2. In terms of evidentiary standards and requirements, they should be based on the characteristics fixed by evidence of guilt and evidence of innocence, that is, the two are mutually exclusive; 3. Where, in the process of proof, the evidence of guilt and the evidence of innocence are evenly matched, and it is difficult to determine, when the best efforts have been made and new evidence cannot be collected to deny the other party, a not guilty shall be pronounced in accordance with the principle of "no guilt in doubt".

In the course of investigation, due to the influence of traditional investigative concepts, some investigators only pay attention to the collection of incriminating evidence but do not pay attention to the collection of innocent evidence, and this kind of evidence collection according to the way of thinking of the presumption of guilt in Luchan often fails to have an objective and comprehensive grasp of the whole case, and it is very easy to create a passive situation in which it is difficult to conduct litigation due to the inability to fully grasp the evidence due to the demolition of the dust. In the practice of investigation, it is often encountered that some innocent evidence collected in the early stage of investigation is often part of the offensive and defensive alliance concluded by the criminal suspect, and the active collection, careful analysis, and use of such evidence will often become a powerful force for overcoming the offensive and defensive alliance, and after overcoming the offensive and defensive alliance, these "innocent evidence" will become indirect evidence to prove the criminal suspect's guilt. However, if such evidence is not collected, and the criminal suspect or lawyer is allowed to prove his innocence during the trial stage, he will be in the right hands and achieve his goal of evading legal sanctions.

At the same time, only by collecting the evidence of guilt and innocence together, and then through continuous examination and verification of the evidence, can we uncover the camouflage carefully woven by the criminal suspects, and at the same time find out the real perpetrators, so that the innocent people will not be wrongly prosecuted, so as to ensure the seriousness of the law. Relevant legal knowledge: 1. On-site inspection.

Scene investigation is a kind of investigative activity in which investigators investigate and inspect the crime scene of a criminal case. Crime scene refers to the place where the offender committed the crime and other places where traces and physical evidence related to the crime are left.

1) Protect the site. Article 102 of the Criminal Procedure Law stipulates that all units and individuals have the obligation to protect the crime scene and to immediately notify the public security organs to send personnel to conduct an inquest. After receiving the case, investigators shall quickly rush to the scene of the crime and protect the scene.

2) Investigators inspecting the scene must have supporting documents from the public security organs or the people's procuratorate.

3) When necessary, the inquest of the scene may be carried out under the auspices of investigators by appointing or hiring persons with specialized knowledge. In order to protect the objectivity of the inquest, two witnesses unrelated to the case should also be invited to be present.

4) When inspecting the scene, investigators shall also promptly investigate and visit the victims, witnesses, informants, and other members of the public, so as to understand the situation before and at the time of the crime, discover and collect various circumstances related to the case, and promptly take emergency measures to collect evidence.

5) The circumstances of the inquest shall be written into a record, and signed or sealed by investigators, other persons participating in the inquest, and witnesses. The scene of a major case or especially a major case shall be videotaped.

Sufficient evidence means that the lawyer provides sufficient evidence that the defendant is not guilty. It is not easy to defend innocence, and only when the evidence is sufficient can the defense be guaranteed, and only then can the facts and reasons for the prosecution's prosecution be fundamentally negated, so that the defense lawyer's opinion of innocence can be judged. Therefore, in addition to clearly pointing out the defendant's innocence opinion and stating the facts and circumstances of innocence in the defense statement, it is more important to provide credible and sufficient evidence of innocence, and to demonstrate and clarify it in combination with relevant laws, regulations, or judicial interpretations.

Especially in the courtroom debate stage, the evidence presented by the prosecutor should be used to make a strong refutation with the evidence that has already been collected.

48 Why are lawyers cautious in plea of innocence?

Lawyers should be particularly cautious in deciding to defend the defendant's innocence. The reason for this is that defending the defendant not guilty often involves taking a relatively large risk, and the case of not guilty defense is often complicated, and the facts and evidence are often intertwined, and it is difficult to see clearly at one time. In general, the success rate of a not-guilty defense is very low, so a careful decision is necessary.

If a rash decision is made to defend the defendant's innocence, it will be counterproductive, not only will it fail to achieve its goal, but it will harm the defendant's legitimate rights and interests. In most not-guilty defense cases, the defendant is prosecuted guilty because the prosecutor has relatively sufficient evidence, which is sufficient and prudent and not easy to refute, so the lawyer cannot lightly attack the defendant's promise of not guilty. For the sake of prudence, it is sometimes advisable to consult with other lawyers; When necessary, law firm leaders may also hold a collective meeting to jointly agree on whether to defend the defendant's innocence.