Circumstantial evidence in criminal proceedings, direct evidence and circumstantial evidence in crim

Circumstantial evidence in criminal proceedings refers to evidence that cannot directly prove the facts of a case, but can be linked with other evidence to jointly prove and determine the facts of a case. The principles for the use of circumstantial evidence are:

1. The objectivity, relevance and legality of circumstantial evidence should be reviewed. Only evidence that objectively exists, has an objective connection with the facts of the case, and is permissible by law may be admitted.

2. Circumstantial evidence must form a complete system of proof, that is, there is corresponding evidence to prove the criminal incident, place, process, means, tools, consequences, purpose, motive, and personal circumstances of the criminal suspect or defendant.

3. Between the circumstantial evidence and the facts of the case, and between the circumstantial evidence and the circumstantial evidence, there must be no contradictions, and if there is a contradiction, it must be reasonably excluded.

4. The system of proof of circumstantial evidence must be sufficient to rule out other possibilities, and the conclusion drawn must be unique and conclusive.

The types of direct evidence used in criminal proceedings to prove the facts of Chongxiao's case include: physical evidence; documentary evidence; witness testimony; victim statements; confessions and justifications of criminal suspects and defendants; Appraisal opinions; Records of inquests, inspections, identifications, and investigative experiments, as well as audio-visual materials and electronic data.

Article 50 of the Criminal Law of the People's Republic of China can be used to prove the facts of the case, and the materials are all evidence. Evidence includes: (1) physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (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.

1. Circumstantial evidence.

The content of a piece of evidence can intuitively explain whether the alleged criminal act has occurred and whether the criminal act has been committed by a person who is being prosecuted without going through the reasoning process. Any evidence that must be combined with other evidence to prove the main facts of the case is circumstantial evidence.

II. Characteristics of Circumstantial Evidence.

1) The way it relates to the main facts of the case is indirect, and an indirect piece of evidence can only prove individual circumstances or fragments of the main facts of the case. Therefore, any circumstantial evidence must be combined with other evidence to prove the main facts of the case.

2) The indirectness of the way in which circumstantial evidence is related to the main facts of the case determines that the method of interrogating evidence to prove the main facts of the case must be through logical reasoning. The process of inferential proof is more complicated when there is only circumstantial evidence and no direct evidence.

3) The manifestations of circumstantial evidence are diverse, and it can be manifested as any kind of evidentiary material.

3. Manifestations of circumstantial evidence.

Generally speaking, in the criminal field, physical evidence is indirect evidence, such as evidence that proves the facts of a case by the shape, character, texture, and specifications of objective material entities such as objects and traces. Such as the vehicle that caused the accident, the items and traces left at the scene, etc.

IV. Rules for the Use of Circumstantial Evidence.

1. Each circumstantial evidence was obtained in accordance with the law and has been verified to be true. Evidence is the basis for determining the facts of a case, first of all, it is necessary to examine whether the ** and form of expression of circumstantial evidence comply with the provisions of the law. Second, each circumstantial evidence must be cross-examined, verified and verified in court.

2. Circumstantial evidence must have an objective internal connection with the facts of the case. If circumstantial evidence proves a bunch of facts that cannot be combined with each other, such circumstantial evidence, even if there is no matter how much the case is, it will still not be conclusive.

3. There must be a sufficient amount of circumstantial evidence to form a complete and rigorous proof system. It is obviously not possible to rely on individual evidence to make a verdict, and only when a complete system of proof is formed can a verdict be made.

4. Between circumstantial evidence, there must be no contradiction between circumstantial evidence and the facts of the case. Only in this way can the verdict reached be credible and unassailably convincing. When there are contradictions between the evidence, it is imperative not to arbitrarily discard the contradictory evidence and make a reluctantly or hasty verdict.

5. The system of proof of circumstantial evidence must be sufficient to exclude other possibilities and to reach the only conclusion that the defendant is guilty. Criminal cases have their own characteristics, and the determination of the facts of the case must reach the level of eliminating reasonable doubt, and the severity of the judgment is higher than that of the civil judgment, which requires a higher probative force of evidence.

In the absence of direct evidence, circumstantial evidence that meets both the above conditions can be used as the basis for determining the facts of the case, and a guilty verdict is made against the defendant.

With regard to the provisions on circumstantial evidence, the Criminal Procedure Law of the People's Republic of China is interpreted in Article 140.

Circumstantial evidence must meet the following conditions:

1. The evidence has been verified to be true;

2. The evidence corroborates each other, and there are no contradictions and unexplained doubts that cannot be eliminated;

3. The evidence of the whole case forms a complete chain of evidence;

4. The facts of the case are sufficient to eliminate reasonable doubt based on the evidence, and the conclusion is unique;

5. The reasoning using evidence is logical and empirical.

Rules that circumstantial evidence must follow:

1. Objectivity, every indirect evidence used to determine the case must be verified to be true, that is, it must be objective and true;

2. Relevance: Indirect evidence must have an objective connection with the truth of the case and have practical significance in proving the facts of the case;

3. Sufficiency, circumstantial evidence must reach the amount required to prove all the facts of the case;

To sum up, the law has the meaning of order, justice, efficiency, and interests, but the law symbolizes the meaning of protection and hope for ordinary people. The law still defends people's legitimate rights and interests with its unique significance and majesty. The law is the last line of defense to safeguard the legitimate rights and interests of citizens, guarding people's hopes and maintaining the normal order of the whole society, and providing a strong institutional guarantee for the people to live and work in peace and contentment.

Legal basis]:

Article 140 of the Criminal Procedure Law of the People's Republic of China.

Where there is no direct evidence, but the circumstantial evidence simultaneously meets the following conditions, the defendant may be found guilty:

1) The evidence has been verified to be true;

2) The evidence corroborates each other, and there are no contradictions that cannot be eliminated and doubts that cannot be explained;

3) The evidence in the entire case forms a complete chain of evidence for Shihe;

4) The facts of the case are sufficient to eliminate reasonable doubt as determined on the basis of evidence, and the conclusion is unique;

5) Reasoning using evidence is logical and empirical.

Legal analysis: Circumstantial evidence cannot directly prove the main facts of the case in closed paragraphs, and must be combined with other evidence to play its due role; Moreover, the process of using circumstantial evidence to determine the case is more complicated.

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 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 to be true through legally-prescribed procedures;

3) Synthesize all the evidence in the case, and eliminate reasonable doubt that the facts ascertained have been closed.