If the facts are unclear, the evidence is insufficient, and the acquittal is declared, can the state

Updated on society 2024-06-03
9 answers
  1. Anonymous users2024-02-11

    It is possible to apply for state compensation.

    According to Article 17 of the State Compensation Law, where the organs exercising investigative, procuratorial, and adjudicative powers, as well as the detention centers, prison management organs, and their staffs, violate their personal rights in any of the following circumstances in the exercise of their powers, the victim shall have the right to obtain compensation:

    1) Where detention measures are taken against citizens in violation of the provisions of the Criminal Procedure Law, or where detention measures are taken against citizens in accordance with the conditions and procedures provided for in the Criminal Procedure Law, but the period of detention exceeds the time limit provided for in the Criminal Procedure Law, and a subsequent decision is made to withdraw the case, not to prosecute, or to make a judgment declaring an acquittal and terminating the pursuit of criminal responsibility;

    2) After arresting a citizen, a decision is made to withdraw the case, not to prosecute, or to make a judgment declaring an acquittal and terminating the pursuit of criminal responsibility;

    3) Where the verdict is changed to not guilty in accordance with the trial supervision procedures, and the original sentence has already been served;

    4) Extorting confessions by torture or causing bodily injury or death to citizens by beating or ill-treatment, or instigating or indulging others to beat or abuse others;

    5) Illegally using ** or police equipment to cause bodily injury or death to citizens.

    Article 33 Where a citizen's personal liberty is violated, the daily compensation shall be calculated on the basis of the average daily wage of the State employee in the previous year.

  2. Anonymous users2024-02-10

    It depends on whether you have been in jail or detention center. Where a sentence of controlled release, probation, parole, commutation, medical parole, deprivation of political rights, or so forth is changed to not guilty in accordance with law, no compensation will be made, except for those who were previously detained, which means that if you were previously detained and sentenced later, you will have to pay compensation.

    In short, you must be put in a cage.

  3. Anonymous users2024-02-09

    I was rehabilitated and acquitted! Why don't you give it a try.

  4. Anonymous users2024-02-08

    Are you in jail Don't think about it if you don't go to jail.

  5. Anonymous users2024-02-07

    Yes, but where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established. Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty on the basis of law, a guilty verdict shall be made.

    1. Is the testimony of a witness valid?

    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 Criminal Orange Procedure Law stipulates:

    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.

    2. Whether instructing others to beat others without evidence will be convicted.

    Evidence refers to the basis for determining the facts of a case in accordance with the rules of procedure. The issue of evidence is the core issue of litigation, and in the course of the trial of any case, it is necessary to reproduce and restore the original face of the incident through the evidence and the chain of evidence formed by the evidence, so that a judgment made on the basis of sufficient evidence can be a fair judgment.

    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.

    3. Can a person who does not admit guilt be convicted?

    In accordance with the provisions of China's relevant laws, where a criminal suspect does not admit guilt, if the facts of the crime are clear and the evidence of the crime is sufficient, it does not prevent the people's court from making a guilty verdict.

    Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with law, a guilty verdict shall be made, and where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made.

    Article 200 of the Criminal Procedure Law of the People's Republic of China: After the defendant's final statement, the chief judge announces an adjournment, and the collegial panel conducts deliberations, and makes the following judgments on the basis of the ascertained facts, evidence, and relevant legal provisions: (1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with law, a guilty verdict shall be made; (2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made; (3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.

  6. Anonymous users2024-02-06

    If detention beyond the time limit is taken or compulsory measures such as arrest are taken, and the evidence is insufficient to prosecute, a request for compensation from the State may be requested.

    Legal basis] Article 17 of the State Compensation Law.

    Where organs exercising investigative, procuratorial, or adjudicative powers, as well as detention centers, prison management organs, and their staffs, violate any of the following personal rights in the exercise of their powers, the victim has the right to receive compensation: (1) Detention measures are taken against citizens in violation of the provisions of the Criminal Procedure Law, or detention measures are taken against citizens in accordance with the conditions and procedures provided for in the Criminal Procedure Law, but the detention period exceeds the time limit provided for in the Criminal Procedure Law, and a subsequent decision is made to withdraw the case; where no prosecution is made or a judgment declares an acquittal and terminates the pursuit of criminal responsibility; 2) After arresting a citizen, a decision is made to withdraw the case, not to prosecute, or to make a judgment declaring an acquittal and terminating the pursuit of criminal responsibility; 3) Where the verdict is changed to not guilty in accordance with the trial supervision procedures, and the original sentence has already been served; 4) Extorting confessions by torture or causing bodily injury or death to citizens by beating or ill-treatment, or instigating or indulging others to beat or abuse others; 5) Illegally using ** or police equipment to cause bodily injury or death to citizens.

  7. Anonymous users2024-02-05

    Legal analysis: If the evidence is insufficient and the defendant cannot be found guilty, the Huiqin court will make a not-guilty verdict. On the basis of the ascertained facts, evidence and relevant legal provisions, the following judgments were rendered:

    1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty on the basis of law, a guilty verdict shall be made; (2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made;

    Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 200: After the defendant's final statement, the chief judge announces an adjournment, and the collegial panel conducts deliberations, and makes the following judgments on the basis of the facts and evidence that have already been ascertained, and the legal provisions on the collapse of sheds: (1) The facts of the case are clear, the evidence is credible and sufficient, and where the defendant is found guilty in accordance with law, a guilty verdict shall be made; (2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made; (3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.

  8. Anonymous users2024-02-04

    Legal analysis: If the evidence is insufficient and the defendant cannot be found guilty, the court Liang Liang will make a not-guilty verdict. On the basis of the ascertained facts, evidence and relevant legal provisions, the judgment was rendered on the basis of the scum

    1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty on the basis of law, a guilty verdict shall be made; (2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made;

    Legal basis: Criminal Procedure Law of the People's Republic of China Article 200: After the defendant's final statement, the chief judge announces an adjournment, and the collegial panel conducts deliberations, and makes the following judgments on the basis of the facts and evidence that have already been ascertained, and relevant legal provisions: (1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with law, a guilty verdict shall be made; (2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made; (3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.

  9. Anonymous users2024-02-03

    If the evidence is insufficient and the defendant cannot be found guilty, the court will make a not-guilty verdict.

    In accordance with article 200 of the Criminal Procedure Law of the People's Republic of China, after the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel deliberated and made the following judgments on the basis of the ascertained facts, evidence, and relevant legal provisions:

    1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty on the basis of law, a guilty verdict shall be made;

    (2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made;

    (3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.

    1. How to determine the crime if the evidence of drug trafficking is insufficient.

    If the people's procuratorate and public security organ cannot find the defendant guilty because the evidence of the suspect suspected of drug trafficking is insufficient, the people's court shall make a not-guilty verdict that the evidence is insufficient and the alleged crime cannot be established. Where the people's court renders a verdict of not guilty to Jing Duan, it shall immediately release the criminal suspect and notify his relatives and legally-designated persons.

    2. Whether a public prosecution will result in a sentence.

    Prosecution does not necessarily result in a prison sentence. All cases that need to be prosecuted shall be reviewed and decided by the people's procuratorate. During the review for prosecution phase, where the people's procuratorate needs to conduct a review of the case transferred for prosecution by the supervision organs or public security organs, and finds that the facts and evidence of the crime are credible and sufficient, and that criminal responsibility should be pursued in accordance with law, it shall make a decision to prosecute and initiate a public prosecution in the people's court.

    China's law stipulates that the people's courts are responsible for trials, and no one can be found guilty without a judgment by the people's court in accordance with law. During the trial phase, after the people's court has tried a case in which the procuratorate has initiated a public prosecution, and finds that the defendant is not guilty in accordance with the law, it shall render a not-guilty verdict on the basis of the facts and evidence that have already been ascertained, and the relevant legal provisions. Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.

    Therefore, in cases where the public prosecution organ believes that the facts are clear and the evidence is credible and sufficient, it is still possible for the people's court to make a not-guilty verdict after trial in accordance with law.

    Article 246 of the Criminal Law.

    Where violence or other methods are used to openly insult others or fabricate facts to slander others, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights is to be given.

    The crimes in the preceding paragraph are to be dealt with only if they are told, except where they seriously endanger social order and national interests.

    Where the victim complains to the people's court about the conduct provided for in the first paragraph through information networks, but it is truly difficult to provide evidence, the people's court may request that the public security organs provide assistance.

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