Can a sinner be convicted if he confesses, but has no evidence and no witnesses?

No, China is a society governed by the rule of law, and it is not possible to convict a defendant without direct evidence. Evidence refers to the basis for determining the facts of a case in accordance with the procedural rules. Evidence is of great significance for the parties to conduct litigation activities, protect their legitimate rights and interests, and for the court to ascertain the facts of the case and make a correct judgment in accordance with the law.

The issue of evidence is the core issue of litigation, and in the trial process of any case, it is necessary to pass through the evidence and the chain of evidence formed by the evidence.

Legal analysis

Where the plaintiff files a lawsuit with the people's court or the defendant submits a counterclaim, it shall be accompanied by the corresponding evidentiary materials that meet the requirements for initiating litigation. The parties have the responsibility to provide evidence to prove the facts on which their claims are based or on which they refute the claims of the other party. Where there is no evidence or the evidence is insufficient to prove the factual assertions of the parties, the party bearing the burden of proof shall bear the adverse consequences.

Therefore, a conviction is absolutely not possible without evidence; Where there is evidence, but the evidence against the accusation does not meet the standard of credible and sufficient evidence, it must not be convicted; Although there is a confession from the defendant, but there is no other evidence to corroborate it, it cannot be convicted. Without sufficient evidence to form a complete chain of evidence, the criminal suspect's confession alone cannot be convicted and sentenced. According to the Criminal Law, the Criminal Procedure Law, and the relevant judicial interpretations of the Supreme People's Court and the Supreme People's Procuratorate, a criminal suspect must not be found guilty solely on the basis of a criminal suspect's confession.

The parties have the responsibility to provide evidence to prove the facts on which their claims are based or on which they refute the claims of the other party. Where there is no evidence or the evidence is insufficient to prove the factual assertions of the parties, the party bearing the burden of proof shall bear the adverse consequences.

Personal suggestion] In China, the emphasis is on evidence and witnesses, and the guilty person is afraid that there is a possibility of a top bag, so he cannot be convicted, and he will still look for evidence. Further investigation and evidence collection are required before a conviction can be made.

Legal basis

Decision of the National People's Congress on Amending the "Criminal Procedure Law of the People's Republic of China" 17. Change Article 46 to be Article 53 and amend it to read: "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 punished; 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 as true through legally-prescribed procedures; "(3) Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained. ”

No. The criminal suspect has confessed to the criminal act, but there is no evidence to support it, there are no eyewitnesses, and a complete chain of evidence cannot be formed, which is completely insufficient for determining the suspect's crime. Therefore, it is necessary to collect evidence of the crime.

This problem is not a big problem. The public security organs will have a way to identify, you admit it, then you have to identify the scene, provide relevant evidence, time and space must also be right, not only just a sentence is over, there have been a very small number of people who have taken the blame for relatives and friends, all of which have been seen through by the public security organs, the principle of the state is not to wronged a good person, never let go of a bad person.

Although the perpetrator pleaded guilty, there was no direct evidence or witnesses, and further investigation and evidence collection were required before the conviction could be made.

As long as he is conscious and there is no coerced confession, then the suspect's oral statement is evidence.

In China, the emphasis is on evidence and witnesses, and the guilty person is afraid that there is a possibility of a top bag, so he cannot be convicted, and he will still look for evidence.

Our country's law pays attention to evidence, no matter what the case is, there must be evidence, witnesses, political property, etc. to be decided, what you said without evidence and witnesses, then the case cannot be decided!

Legal analysis: Only when the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with the 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: "Criminal Procedure Law of the People's Republic of China" Article 55: 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 for calling the person back; Where there is no confession from the defendant and the evidence is credible and sufficient, it may be found that the defendant has the crime of feasting potatoes and is given a criminal punishment.

The evidence is credible and sufficient, and shall meet the following requirements:

The facts of conviction and sentencing are all supported by evidence;

"(2) The evidence on which the verdict is based has been verified as true through legally-prescribed procedures;

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