What are the facts of the case that need to be ascertained in the handling of a criminal case?

The facts of the case that need to be proved by evidence include:

1) The identity of the criminal suspect, defendant, or victim;

2) Whether the facts of the alleged crime exist;

3) Whether the criminal suspect or defendant has committed criminal conduct;

4) Whether the criminal suspect or defendant has the capacity for criminal responsibility; the subjective guilt, causes, motives, goals, time, place, means, process, consequences, and other circumstances of the criminal suspect or defendant's criminal conduct;

5) Whether the criminal suspect or defendant committed a joint crime and their status and role in the joint crime;

6) Facts that serve as grounds for aggravating, mitigating, commuting, or waiving punishment;

7) Facts related to attached civil litigation or the disposition of assets involved in the case;

8) Procedural facts related to jurisdiction, recusal, postponement of trial, and so forth;

9) Other facts related to conviction and sentencing.

The facts that the court shall ascertain include whether the procedures of the public security organs and the procuratorate for collecting evidence are lawful, as well as all facts related to conviction and sentencing.

Legal basis: Article 56 of the Criminal Procedure Law: Where, during the course of trial, adjudicators feel that there might be circumstances of illegal evidence gathering as provided for in article 54 of this Law, they shall conduct a court investigation into the legality of the evidence gathering.

The parties, their defenders, and litigants have the right to apply to the people's court to exclude evidence gathered by illegal means in accordance with law. Where an application is made to exclude evidence gathered by illegal means, relevant leads or materials shall be provided.

Article 193:During the course of trial, facts and evidence related to conviction and sentencing shall be investigated and debated.

With the permission of the presiding judge, the public prosecutor, parties, defenders, and litigants may express their opinions on evidence and the circumstances of the case, and may debate with each other.

The facts of the case that need to be ascertained include:

1) The identity of the criminal suspect;

2) Whether there is criminal conduct that has been filed and investigated;

3) Whether the criminal conduct filed and investigated was committed by the criminal suspect;

4) The motive and purpose of the criminal suspect's criminal conduct;

5) The time, place, means, consequences, and other circumstances of the criminal act;

6) The responsibility of the criminal suspect and his relationship with other co-defendants;

7) The criminal suspect has circumstances that are not legally aggravated, mitigated, or commuted, or that punishment is waived.

Section; 8) Other facts related to the case.

Provisions on the procedures for the handling of criminal cases by public security organs.

Article 56: The facts of a case that need to be ascertained include:

1) The identity of the criminal suspect;

2) Whether there is criminal conduct that has been filed and investigated;

3) Whether the criminal conduct filed and investigated was committed by the criminal suspect;

4) The motive and purpose of the criminal suspect's criminal conduct;

5) The time, place, means, consequences, and other circumstances of the criminal act;

6) The responsibility of the criminal suspect and his relationship with other co-defendants;

7) The criminal suspect has circumstances that are not legally aggravated, mitigated, or commuted, or that punishment is waived;

8) Other facts related to the case.

Five Ho: who, when, where, why, and effect.

Legal analysis shouted Lu Sheng: Criminal cases are divided into several stages, first investigation, arrest, prosecution, the procuratorate reviews the prosecution and makes a decision on whether to prosecute Zheng Lao, and then the court tries after the prosecution. In the general sense of investigation, it is before the prosecution is examined and whether to prosecute.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 3: The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions.

The people's courts are responsible for trials. Except as specifically provided by law, no other organ, organization or individual has the right to exercise these powers.

The facts that should be ascertained in a criminal case include: the identity of the suspect in the sale of Hongli; the existence of a criminal act; whether the criminal act was committed by the criminal suspect; the motive and purpose of the criminal suspect's criminal act; the time, place, means, consequences and other circumstances of the commission of the criminal act; the responsibility of the suspect and his relationship with other co-defendants; The criminal suspect has circumstances that are not legally aggravated, mitigated, commuted, or exempted from punishment; Other facts relevant to the case.

Article 72 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China: The facts of a case that shall be proved by using evidence include: (1) The identity of the defendant or victim; (2) Whether the alleged crime exists; (3) Whether the alleged crime was committed by the defendant; (4) Whether the defendant has the capacity for criminal responsibility, whether he is guilty, and the motive and purpose for committing the crime; (5) The time, place, methods, and consequences of committing the crime, as well as the cause of the case, and so forth; (6) Whether it was a joint crime or the facts of the crime are related, as well as the defendant's status and role in the crime; (7) Whether the defendant has aggravated, mitigated, mitigated, or waived circumstances; (8) Facts related to the disposition of assets involved in the case; (9) The facts related to the attached civil litigation; (10) Procedural facts related to jurisdiction, recusal, postponement of trial, and so forth; (11) Other facts related to conviction and sentencing.

The facts of the case that need to be ascertained include: whether there was a criminal act; The time, place, means, consequences, and other circumstances of the criminal act.

the identity of the defendant or victim, whether the crime for which the crime is charged exists; whether the alleged offence was committed by the accused; whether the defendant has the capacity for criminal responsibility, whether he is guilty, and the motive and purpose for committing the crime; the time, place, means, and consequences of committing the crime, as well as the cause of the crime; procedural facts relating to jurisdiction, recusal, adjournment of hearing, etc.; Other facts relevant to conviction and sentencing.

How to distinguish between criminal cases and civil cases.

Both differ in nature, in the substantive law applied and in the procedural law applied.

1. Nature: Criminal cases refer to criminal acts that endanger society, violate criminal law, and should be punished by criminal law, which is of the nature of class contradictions; Civil cases, on the other hand, mainly refer to disputes over the nature of civil obligations and rights, which are of the nature of contradictions among the people.

2. The only law applicable to criminal cases is the Criminal Law; In civil cases, the generally applicable substantive laws include the General Provisions of the Civil Law and the Marriage Law.

3. When the relevant departments hear civil cases, they usually apply the relevant provisions of the Civil Procedure Law and judicial interpretations; However, in the trial of criminal cases, only the relevant provisions of the Criminal Procedure Law and judicial interpretations generally apply.

We hope you find the above helpful, and if you have any further questions, please consult a professional lawyer.

Legal basis]: Article 72 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China.

The facts of the case that should be proved by the use of evidence include:

1) The identity of the defendant or victim;

(2) Whether the alleged crime exists;

3) Whether the crime alleged by Songshan was committed by the defendant;

(4) Whether the defendant has the capacity for criminal responsibility, whether he is guilty, and the motive and purpose for committing the crime;

(5) The time, place, methods, and consequences of committing the crime, as well as the cause of the case, and so forth;

(6) Whether it was a joint crime or the facts of the crime are related, as well as the defendant's status and role in the crime;

7) Whether the defendant has aggravating, mitigating, mitigating, or waiving circumstances;

8) Facts related to the disposition of assets involved in the case;

(9) The facts related to the attached civil litigation;

(10) Procedural facts related to jurisdiction, recusal, postponement of trial, and so forth;

(11) Other facts related to conviction and sentencing.

According to the law, the information that the people's procuratorate must ascertain when reviewing a case: whether the facts and circumstances of the crime are clear, whether the evidence is credible and sufficient, and whether the nature of the crime and the determination of the charges are correct; whether there are any omitted crimes and other persons who should be investigated for criminal responsibility; whether it is a case that should not be pursued for criminal responsibility; whether there is any attached civil lawsuit; Whether the investigative activities are lawful.

[Legal basis].

Article 170 of the Criminal Procedure Law of the People's Republic of China: When the People's Procuratorate reviews a case, it must ascertain: (1) whether the facts and circumstances of the crime are clear, whether the evidence is credible and sufficient, and whether the determination of the nature of the crime and the charges is correct; (2) whether there are any omitted crimes and other persons who should be investigated for criminal responsibility; (3) Whether it is criminal responsibility that should not be pursued; (4) Whether there is any attached civil litigation; (5) Whether the investigative activities are lawful.

According to Article 5 of the "Provisions on Several Issues Concerning the Review and Judgment of Evidence in the Handling of Death Penalty Cases", the determination of the facts of the defendant's crime in the handling of death penalty cases must be credible and sufficient. In handling death penalty cases, the following facts must be proved to be credible and sufficient:

1) The occurrence of the alleged criminal facts;

2) The time, place, methods, consequences, and other circumstances of the defendant's criminal conduct and the defendant's criminal conduct;

3) Circumstances influencing the defendant's conviction;

4) The defendant has the capacity for criminal responsibility;

5) the defendant's guilt;

6) Whether there was a joint crime and the defendant's status and role in the joint crime;

7) The facts of a heavier punishment for the defendant. Relevant legal knowledge: under what circumstances can the death penalty be sentenced to a suspended death sentenceFor the death penalty under what circumstances can a two-year reprieve, the law does not stipulate, from the perspective of judicial practice, the following circumstances should generally be present:

1) The public outrage is not great;

2) Criminals surrender voluntarily or have meritorious service;

3) There are multiple principal offenders in a joint crime, where the ringleader or the criminal with the most serious crime has already been sentenced to death and is executed immediately, and the other principal offenders do not have the most serious crime;

4) The criminal's intellectual development is incomplete, and he has limited capacity for liability;

5) Causing the offender to commit a murder due to the victim's obvious fault; View the full text Procedures for Reporting to the Death Penalty Review Division for Approval Cases of immediate execution of the death penalty reported to the Supreme People's Court's Death Penalty Review (Circuit) Court for approval are to be handled in accordance with the following circumstances:

1) In first-instance cases where an intermediate people's court has sentenced a death sentence to immediate execution, and the high people's court agrees to give the death penalty, it shall, after making a ruling in accordance with law, report to the death penalty review circuit court of that large administrative region for approval; If the High People's Court does not agree to the imposition of the death penalty, it can only submit a petition of objection to the death penalty review division explaining the reasons for disagreement, and may not bring it to trial or remand for a new trial, because the Supreme People's Court enjoys the power to approve cases of immediate execution of the death penalty, and if the High People's Court is allowed to bring the case to trial or remand for a new trial, then the High People's Court can smoothly realize its will not to agree to the imposition of the death penalty by virtue of the power relationship between the lower and lower courts, so that the High People's Court will actually share the power to approve cases of immediate execution of the death penalty.

2) In first-instance cases where an intermediate people's court sentences a death sentence for immediate execution, and the defendant submits an appeal or the people's procuratorate raises a prosecutorial counter-appeal, and the high people's court makes a final ruling upholding the death sentence, it is to be reported to the death penalty review circuit court of that administrative region for approval.

3) In first-instance cases where the High People's Court has sentenced the death penalty to immediate execution, and the defendant does not appeal or the people's procuratorate does not raise a prosecutorial counter-appeal, it is to be reported to the death penalty review circuit court of the large administrative region for approval within 3 days of the completion of the period for appeal or prosecutorial counter-appeal.