Can the victim s three year old testimony be used as evidence?

According to the Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings", testimony given by a minor that is not commensurate with his or her age or intellectual condition must not be used alone as the basis for determining the facts of a case. Therefore, testimony given by a minor commensurate with his age and mental state may be used as the basis for determining the facts of the case. Minors have an obligation to be witnesses.

So it works.

The child is three years old, belongs to the minor, and does not have independent civil and criminal capacity, although his testimony cannot be used as absolute evidence, but can be used as a reference, if it forms an evidence chain with other evidence, it can also play a role in evidence!

The victim's three-year-old testimony can testify, this depends on whether the content of the testimony is true, if it is true, it can be false, of course, no, and the testimony does not require a certain age to provide testimony to be effective.

No, because you have to be a free person who can be independent and self-reliant to be a witness, and a three-year-old child is not mentally sound so it cannot be used as evidence.

No, a child of this age is too young, and he is completely incapacitated for civil conduct. His testimony is inconclusive.

Yes, as long as you can clearly remember the scene of the crime scene and have no mental problems.

Three-year-old children who do not have the ability to act and are not allowed to testify

No. Too young for the court to admit the testimony.

Legal analysis: witness testimony is not necessarily direct evidence, if the witness testimony can directly prove the main facts of the case, it is direct evidence, otherwise it is not.

The so-called direct evidence refers to the evidence that is directly related to the main facts of the case, that is, the evidence that can directly prove the main facts of the case. The so-called circumstantial evidence refers to evidence that has an indirect connection with the facts of the case to be proven, and cannot directly prove the facts of the case alone, so it needs to be combined with other evidence in the split book to prove the facts of the case. Circumstantial evidence is also known as "circumstantial evidence".

The so-called main facts of a case are facts that are of crucial significance to the determination of the dispute in the case or the resolution of the litigation dispute. The main facts of the case are different in different types of litigation. The main facts of a civil case are the facts of the occurrence, alteration and termination of the civil legal relationship disputed between the civil parties; The main facts of an administrative litigation case are the facts of whether and whether a specific administrative act of an administrative organ exists and is legal; In criminal proceedings, the main facts of the case refer to the facts related to whether the suspect or defendant committed the alleged criminal act.

The key to distinguishing whether a witness's testimony is direct evidence or indirect evidence is to look at the probative power of the evidence and whether it can directly prove the facts of the case.

Legal basis: Article 50 of the Criminal Procedure Law All materials that can be used to prove the facts of a case are evidence.

Evidence includes: 1) physical evidence;

2) documentary evidence; 3) witness testimony;

4) Victim statements;

5) Confessions and justifications of criminal suspects or defendants;

6) Appraisal opinions;

7) Records of inquests, inspections, identifications, investigative experiments, and so forth;

8) Audio-visual materials and electronic data.

Evidence must be verified to be true before it can be used as the basis for a verdict.

The testimony of a witness is an isolated testimony and must be accompanied by other evidence to form a complete chain of evidence in order to be valid. If there is no other evidence, the testimony of only one witness cannot be convicted, and the case cannot be conclusive with isolated evidence. If there is other evidence, a system of proof is formed between the evidence, and although there is only one witness testimony, it can be convicted if it can be combined with other evidence to reach the degree that the evidence is credible and sufficient.

Only when the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with 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. The Code of Criminal Procedure provides:

In sentencing all cases, emphasis should be placed on evidence, investigation and study, and confessions should not be easily believed. 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. Legal basis: Article 53 of the Criminal Procedure Law of the People's Republic of China stipulates that in all cases, the sentencing of all cases must be based on evidence, investigation and research, and confessions should not be easily believed.

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.

The investigation records of the public security are documentary evidence rather than simple witness testimony, and the person under investigation may also be used as evidence if he does not appear in court.

Witness testimony is a type of evidence and can be used as evidence.

Code of Civil Procedure

Article 63: Evidence includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

First, witnesses can testify in closed court.

The public security organs may produce investigation records.

The court may find the testimony of a witness valid.

The testimony of witnesses can be used as the basis for a verdict.

However, the final result is not only determined on one side, the court will not make a one-sided and rash final result, and the victim of these rights and the defendant enjoy them at the same time.

It depends on the court, and some local courts recognize it.

Yes, China's Criminal Procedure Law clearly stipulates that confessions and justifications by criminal suspects and defendants are one of the eight types of evidence. All materials that can prove the facts of the case are evidence, but the evidence must be authentic, legal, and relevant. If the criminal suspect or defendant's confession and justification cannot be mutually corroborated with other evidence, it cannot be used as the basis for a verdict.

Article 48 of the Criminal Procedure Law: All materials that can be used to prove the facts of a case are evidence.

Evidence includes: 1) physical evidence;

2) documentary evidence; 3) witness testimony;

4) Victim statements;

5) Confessions and justifications of criminal suspects or defendants;

6) Appraisal opinions;

7) Records of inquests, inspections, identifications, investigative experiments, and so forth;

8) Audio-visual materials and electronic data.

Evidence must be verified to be true before it can be used as the basis for a verdict.

The victim's statement, like other evidence, needs to be carefully examined and verified before it can be used as the basis for a verdict. The victim shall be held legally liable for the false statement he intentionally made.

Notarized documents have higher probative power than other documents. However, notarized testimony is still in the category of witness testimony, and as litigation evidence, it should be subject to the special provisions of litigation legal norms, and must be verified to be true before it can be used as the basis for a verdict. The specific provisions are as follows:

Article 48 of the Criminal Procedure Law: All materials that may be used to prove the facts of a case are evidence.

Evidence includes: 1) physical evidence;

2) documentary evidence; 3) witness testimony;

4) Victim statements;

5) Confessions and justifications of criminal suspects or defendants;

6) Appraisal opinions;

7) Records of inquests, inspections, identifications, investigative experiments, and so forth;

8) Audio-visual materials and electronic data.

Evidence must be verified to be true before it can be used as the basis for a verdict.

Article 59: Witness testimony must be debated and verified by both the prosecutor, the victim, the defendant, and the defender in court before it can be used as the basis of a verdict. When the court finds that a witness intentionally gave false testimony or concealed criminal evidence, it shall handle it in accordance with law.

Of course, witness testimony can be used as criminal evidence, and it does not need to be notarized, but only needs to be investigated by the investigative agency.

Lawyer Xu Xiaohua.

Evidence in criminal proceedings includes witness testimony, but the evidentiary effect of witness testimony has nothing to do with whether it has been notarized or not. Whether or not a witness's testimony can be used as evidence in a verdict needs to be debated by the prosecution and defense, and the people's court is to decide whether to accept it in conjunction with other evidence.

First of all, the testimony in a criminal case must be collected by the investigating organ in accordance with the procedures prescribed by law, so the notarized testimony may not be in accordance with the law"Criminal evidence"in the form of testimony. For such testimony, it is usually necessary for the investigating agency to make a new record of the witness.

Second, the admissibility of evidence in criminal cases is not based on a single piece of evidence, but must be viewed in conjunction with all the evidence, especially confessions, which are relatively subjective and cannot be trusted.

Real-world problems.

A dispute arose between Hua and Jin in the process of performing the cooperation agreement between the two parties, and when the negotiation between the two parties failed, Hua decided to sue Jin to the court and let the court resolve the dispute between the two parties. In order to prove his claim, Hua collected a large number of materials, including contracts, correspondence, recordings, witnesses, etc., in the face of many materials, Hua was a little dizzy, and did not know which could be submitted to the court as evidence. So, does the law have any relevant provisions on evidence?

Lawyer answers. According to the provisions of the Civil Procedure Law, the following materials can be used as the basis for determining the facts after verification: (1) the statements of the parties; (2) documentary evidence; (3) physical evidence; (4) audio-visual materials; (5) electronic data; (6) witness testimony; (7) Appraisal opinions; (8) Inquest records.

Links to legal provisions. Civil Procedure Law of the People's Republic of China

Article 63: Evidence includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 31 of the "Administrative Litigation Law" stipulates that evidence can be divided into seven categories, namely, documentary evidence, physical evidence, audio-visual materials, witness testimony, statements of the parties, appraisal conclusions, inquest records, and on-site records. Extending to tax-related work, the evidence of tax cases can be divided into the following types: tax inspection working papers, interrogation records, as well as documentary evidence, physical evidence, audio-visual materials, witness testimony, appraisal conclusions, examinations, and on-site records obtained in the course of investigation; According to the nature of tax evidence, it can be divided into direct evidence and indirect evidence, original evidence and derivative evidence, verbal evidence and physical evidence.

This refers to the classification of the manifestations of evidence ** that is prescribed by law.

China's Criminal Procedure Law stipulates that there are the following seven types of evidence: physical evidence and documentary evidence; witness testimony; victim statements; confessions and justifications of criminal suspects and defendants; Appraisal conclusions; Inquest and inspection records; Audiovisual materials.

China's Civil Procedure Law divides evidence into documentary evidence, physical evidence, audio-visual materials, witness testimony, statements of the parties, appraisal conclusions, and inquest records. The Administrative Procedure Law is basically the same as the Civil Procedure Law.

Common law countries divide evidence into witness testimony, written documents, and physical evidence. In civil law countries, it is believed that the parties are not allowed to be witnesses, and the appraisers are different from witnesses, so the evidence is divided into witness testimony, party statements, expert opinions, written documents and physical evidence.

Code of Civil Procedure

Article 63: Evidence includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 64: Parties have the responsibility to provide evidence for their own claims.

The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

Article 65: Parties shall promptly provide evidence for their own claims.

On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, not accept the evidence, or accept the evidence but give a reprimand or a fine.

Article 42 of the Code of Criminal Procedure clearly stipulates that witness testimony is a type of evidence.

All facts that prove the true circumstances of the case are evidence.

Evidence must be verified to be true before it can be used as the basis for a verdict.