How to establish the rule of exclusion of illegal evidence in our country

The rules for the exclusion of illegal evidence in China are as follows:

1. Confessions of criminal suspects and defendants:

1) Confessions made against the defendant's will by means of violence or threats that seriously harm the lawful rights and interests of the defendant and his close relatives, causing him or her to suffer unbearable suffering;

2) Defendants' confessions gathered by torture or by illegal methods such as freezing, starvation, sunburning, roasting, or fatigue interrogation shall be excluded;

3) Verbal evidence gathered through torture, violence, threats, or other illegal methods shall be excluded in accordance with law.

2. Witness testimony and victim statements:

1) Witness testimony or victim statements obtained through the use of violent sources, threats, or other illegal means shall be excluded;

2) Witness testimony and victim statements gathered through the use of violence, threats, unlawful restrictions on personal liberty, or other illegal methods shall be excluded;

3) Testimony provided by witnesses who are clearly drunk, poisoned, or anesthetized, and who are unable to perceive or express themselves correctly must not be used as evidence.

3. Physical and documentary evidence:

2) Where physical evidence, video recordings, or reproductions cannot reflect the appearance and characteristics of the original, they must not be the basis of a verdict;

3) The **, video recordings, reproductions, copies and reproductions of physical evidence, copies or reproductions of documentary evidence do not have the producer's explanation of the production process and the storage location of the original and originals, or there is no signature in the description;

4) Where there are alterations to the documentary evidence or signs of alteration that cannot be reasonably explained, or where the copies or reproductions of the documentary evidence do not reflect the original and its contents, it must not be used as the basis for a verdict;

5) Where there are doubts about the physical or documentary evidence or the procedures for collecting it, and a reasonable explanation cannot be made, the physical or documentary evidence must not be used as the basis for a verdict.

4. Appraisal opinions:

1) The appraisal body does not have the statutory qualifications, or the appraisal matters exceed the business scope and technical conditions of the appraisal institution;

2) The evaluator does not have the legally-prescribed qualifications, does not have relevant professional skills or professional titles, or violates the provisions on recusal;

3) The materials and samples submitted for testing are unknown, or they do not meet the conditions for identification due to pollution.

Legal basis]:

Article 56 of the Criminal Procedure Law of the People's Republic of China.

Confessions of criminal suspects or defendants that are gathered by torture or other illegal methods, as well as witness testimony and victim statements that are gathered by violence, threats, or other illegal methods, shall be excluded. Where the collection of physical or documentary evidence does not comply with legally-prescribed procedures and might seriously impact judicial fairness, it shall be supplemented and corrected or a reasonable explanation shall be made;Where it cannot be supplemented or a reasonable explanation can be made, the evidence shall be excluded.

Where evidence that should be excluded is discovered during the investigation or review of a lawsuit or trial, it shall be excluded in accordance with law, and must not be used as the basis for prosecution opinions, prosecution decisions, or judgments.