What are the inferences of guilt and innocence

Inference of guilt means that a person's behavior is first identified as a crime, and then around the conclusion that "the person has committed a crime", the relevant legal and factual basis is searched, and a person's criminal responsibility is pursued by analogy. To put it more colloquially, once a person is suspected of committing a crime, he is guilty unless he can produce evidence to prove his innocence. In short, the presumption of guilt is the presumption of guilt regardless of the evidence, whether the court decides that the guilty person is called a criminal or a criminal; The presumption of innocence is the opposite.

The presumption of innocence, simply put, means that any person should be presumed innocent until proven and convicted. The presumption of innocence emphasizes that the accused must have sufficient, conclusive and valid evidence for the crime he is charged with, and that he or she should be presumed innocent if his or her guilt cannot be proven at trial. That is, the principle that the crime is statutory and there is no doubt about the guilt.

To put it simply, the inference of guilt: that is, the person who is suspected of committing a crime has not called the suspect a criminal before the final judgment of the people's court has issued a guilty verdict, which actually means that no matter whether you have committed a crime or not, the preconceived idea will give you the hat that you are a criminal. Inference of innocence:

That is, if a person suspected of committing a crime is called a suspect before the people's court makes a final judgment that he is guilty, he or she can be called a suspect instead of having a preconceived belief that you have committed a crime, and coercive measures can be taken. It has effectively curbed the high incidence of unjust, false and wrongly decided cases in judicial trials. This is a milestone and a leap forward in the reform of China's judicial system.

All criminal acts must be convicted exclusively by the people's courts in accordance with the facts and the law.

First of all, in sentencing all cases, emphasis should be placed on evidence, investigation and study, and confessions should not be lightly 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 to be true through legally-prescribed procedures;

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

Second, the principle that guilt cannot be determined without a judgment of a people's court.

The people's courts are the only organs with the power to determine the guilt of the defendant and to impose a criminal penalty on the defendant.

Finally, the theoretical basis of the presumption of innocence lies in the following: first, the idea of natural rights and the theory of social contract. That is, "all men are created equal" and "all men are innocent", therefore, it is forbidden to make inferences about the dangerous status of every citizen. Second, there is an inherent imbalance in the relationship between the prosecution and defense.

Where criminal suspects or defendants are in an extremely disadvantageous position in criminal proceedings, the procedural design of criminal proceedings shall take the rights of criminal suspects or defendants as the basic pursuit. The principle of presumption of innocence increases the difficulty for the prosecution and balances the imbalance between the prosecution and the defense.

1. How to deal with the prosecution of fraud without evidence.

If there is no evidence for fraud, the criminal responsibility of the parties cannot be pursued, and the case must be withdrawn.

According to article 51 of the Criminal Procedure Law, the burden of proof of the guilt of the defendant in a public prosecution case is borne by the people's procuratorate, and the burden of proof of the defendant's guilt in a private prosecution case is borne by the private prosecutor.

Article 55 stipulates that in all cases, emphasis should be placed 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 sentenced; 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) Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained.

Article 3 of the Criminal Law of the People's Republic of China, where the law clearly stipulates that it is a criminal act, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.