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Anonymous users2024-02-08Hello! I'm lawyer Zeng Qingli, and I'm currently the director of Juhang Law Firm in Shenzhen, and I'm happy to answer your legal questions. In response to your questions, our lawyer provides the following answers:
Civil litigation attached to criminal cases refers to litigation activities carried out by judicial organs in the course of criminal proceedings, while settling the criminal liability of the defendant, and incidentally resolving the issue of compensation for material losses caused by the defendant's criminal acts. Article 99 of the Criminal Procedure Law stipulates that if a victim suffers material losses as a result of the defendant's criminal acts, he or she has the right to file an attached civil lawsuit in the course of criminal proceedings. If state or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.
When necessary, the people's court may seal or seize the defendant's property.
So you're referring to the above one, right?
Lack of witness testimony can be supplemented with physical evidence, documentary evidence, audio-visual materials, appraisal conclusions, etc., so that the judge can decide the case.
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Anonymous users2024-02-07Witnesses are not needed in every case. If the existing evidence can prove the facts of the crime, there is no need for witnesses; The available evidence does not prove the facts of the crime, and it is useless how many witnesses there are.
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Anonymous users2024-02-06It should be a civil case attached to a criminal case. It is not necessary to have witnesses in the case, as long as there is other evidence, such as written evidence, audio evidence, physical evidence, etc., which can be sufficient to prove the matters to be proved. Good luck.
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Anonymous users2024-02-05Legal analysis: Only confessions, without other chain book evidence corroboration, cannot be convicted and sentenced; There is no confession, but there is other evidence that can corroborate each other, and form a complete chain of evidence, and it can also be convicted and sentenced.
The basis of the law is to talk about the law:
Criminal Procedure Law of the People's Republic of China" Article 46: 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.
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Anonymous users2024-02-04Legal analysis: Only confessions and no other evidence corroborate them cannot be convicted and sentenced; There is no confession, but there is other evidence that can corroborate each other and form a complete chain of evidence, and it can also be convicted and sentenced.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 46: In all cases, the verdict of bad people should emphasize evidence, investigation and research, and not easily believe confessions. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and sentenced to punishment of starvation and repentance.
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Anonymous users2024-02-03A lot of clues are needed to solve a criminal case, especially if there are eyewitnesses, their testimony will be very beneficial to the case cracked, and it can also help people who miss the case to solve the case as soon as possible, and arrest the case, etc., but some witnesses do not cooperate, what should I do if the witnesses in the criminal case do not testify? According to the provisions of the Criminal Procedure Law, as long as the person knows the circumstances of the case, he has the obligation to testify, and if he does not testify during the investigation stage or the review for prosecution stage, there is no way; If they agree to testify, but later do not appear in court to testify at trial without a legitimate reason, the court may compel them to appear in court and return to the hungry sedan chair to give a reprimand, and if the circumstances are serious, they may be detained; If a witness testifies in court, his personal safety will be protected, and the relevant provisions are as follows: Article 60 of the Criminal Procedure Law of the People's Republic of China stipulates that anyone who knows the circumstances of the case has the obligation to testify.
Persons who are physically or mentally handicapped or who are too young to distinguish between right and wrong and who cannot express themselves correctly cannot be witnesses.
[Legal basis].
Article 187 of the Criminal Procedure Law of the People's Republic of China: Where the public prosecutor, parties, defenders, or litigants have objections to a witness's testimony, and the witness's testimony has a major impact on the verdict or sentencing of the case, and the people's court finds that it is necessary for the witness to appear in court to testify, the witness shall appear in court to testify. Article 188 of the Criminal Procedure Law of the People's Republic of China: Where a witness does not appear in court to testify without a legitimate reason after being notified by the people's court, the people's court may compel him or her to appear in court, but where the defendant's spouse, parents, or children, with the exception of the witness, refuses to appear in court without a legitimate reason, or refuses to testify after appearing in court, they are to be reprimanded, and where the circumstances are serious and serious, they are to be detained for up to 10 days with the approval of the court president. Where the person being punished is dissatisfied with the detention decision, he may apply to the people's court at the level above for reconsideration.
Enforcement is not suspended during the reconsideration period.
In accordance with the provisions of article 264 of the Criminal Law: "Whoever steals public or private property, where the amount is relatively large or has been stolen multiple times, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given: (1) theft of financial institutions, where the amount is especially huge; (2) Theft of precious cultural relics, where the circumstances are serious. >>>More
Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating social relations protected by the Criminal Law, and the state files a case for investigation, trial, and imposes criminal sanctions (such as fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to pursue the criminal responsibility of the criminal suspect or defendant. Civil cases are litigation arising from disputes between citizens, legal persons, and citizens and legal persons who are equal subjects, mainly referring to cases related to property rights and interests, but also including personal cases such as marriage and family. Such as breach of contract, divorce, property inheritance, personal injury, etc. >>>More
People's Procuratorate.
According to the Criminal Procedure Law of the People's Republic of China >>>More
Criminal case appeals may not be accepted, and the conditions for accepting criminal case appeals are: 1It must be submitted by the State civil servant who is subject to administrative sanctions or by a staff member appointed by the State administrative organ; 2. >>>More
Yes, but be sure to submit it to the court. If it is written on the day of **, the judge will approve it in the verdict after cross-examination. If it was written on the day the judgment was received, and the judgment was not in time, the defendant could file an appeal, and the court of second instance would also have cross-examined the evidence. >>>More