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Count the evidence.
According to the provisions of China's Criminal Procedure Law, the confession of a criminal suspect is one of the evidence, and the confession of an accomplice to a crime can only be used as the basis for a verdict if it is verified to be true. A confession is a confession that is given orally. An oral statement made by a criminal defendant about the offence against which he is charged.
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Depending on the circumstances, an accomplice's confession can be used as a reference for evidence, but it does not constitute complete evidence, and there must also be a chain of evidence to substantiate the accomplice's confession. If there is only a confession of an accomplice and no other evidence, it cannot be convicted, which is insufficient evidence. In law, a defendant's confession cannot be regarded as objective evidence, and must be corroborated by other evidence.
Therefore, in the case of only the confession of an accomplice, it cannot be convicted, but it is very likely to be included in the category of suspects.
According to the provisions of China's Criminal Procedure Law, there is a lot of evidence in criminal cases, and the evidence in criminal cases includes physical evidence, witness testimony, appraisal conclusions, audio-visual materials, etc., and when the court hears the case, it is important to emphasize the evidence and ignore the testimony of the witnesses, so can the confession of the accomplice be used as evidence? The following is a lawyer's answer to the relevant knowledge for the reader.
Can an accomplice's confession be used as evidence?
Whether the confession of an accomplice can be used as evidence.
According to the provisions of China's Criminal Procedure Law, the confession of a criminal suspect is one of the evidence, and the confession of an accomplice to a crime can only be used as the basis for a verdict if it is verified to be true.
Relevant legal provisions.
Criminal Procedure Law of the People's Republic of China
Article 50: 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.
Article 51: The people's procuratorate bears the burden of proof that the defendant is guilty in a public prosecution case, and the burden of proof that the defendant is guilty in a private prosecution case is borne by the private prosecutor.
According to the provisions of China's Criminal Procedure Law, the confession of a criminal suspect is one of the evidence, and the confession of an accomplice to a crime can only be used as the basis for a verdict if it is verified to be true. A confession is a confession that is given orally. An oral statement made by a criminal defendant about the offence against which he is accused (including whistleblowing of others).
Article 234 of the Criminal Law: Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Where this Law provides otherwise, follow those provisions.
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Legal analysis: The confession of an accomplice still depends on the evidence to be determined. Generally speaking, receipts are documentary evidence in the category of evidence. Documentary evidence refers to evidence that proves the truth of a case by means of words, symbols, graphics, etc.
Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China 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.
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Legal Analysis: Count. The Criminal Procedure Law stipulates that the confession of a criminal suspect is one of the evidence, and the confession of an accomplice of a criminal accomplice can only be used as the basis for a verdict if it is verified to be true.
The people's procuratorate bears the burden of proof of the defendant's guilt in a public prosecution case, and the burden of proof of the defendant's guilt in a private prosecution case is borne by the private prosecutor.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 50: 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.
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