The victim's characteristics
1, the victim should be a person who is directly infringed by crime.
2, it must be a person who is violated by its legal rights.
3, or both legal people can also be a natural person.
is obtained by public security judicial person or lawyer asking the victim. Other individuals and units cannot be collected. Ask the victim's location should only be the office of the victim's unit, the residence, the public security judiciary.
In my country, the victim is both a part of criminal proceedings, but also the main body of the victim statement of such statutory evidence. But not all the narratives made by the victim are victims. The evidence attributes stated in my country have made it an fundamental difference between it with the impact of the victims in the United States. As the identity of the criminal act, the victim is directly victim, and the victim is presenting and arguing and arguing, and the existence of a speech is different.
Article 48. The materials that can be used to prove the facts of the cases are evidence.
(1) physical evidence;
(3) witness testimony;
(4) The victim statement;
(fifth) criminal suspect, the defendant is confessive;
(6) Identification opinions;
(7) Transcripts such as investigation, inspection, identification, investigation experiment;
(eight) audiovisual information, electronic data.
Evidence must be verified to be realized as a basis for the basis.
Article 49 The accused of the defendant in the public prosecutor was borne by the People's Procuratorate, and the accused of the defendant's guilty of the accused was borne by the vain.
Article 50 Counters, prosecutors, investigators must collect various evidence that can confirm criminal suspects, defendants, guilty or innocence, criminal circumstances. It is strictly forbidden to give confessions and collect evidence in threats, lure, deception, and other illegal methods, and must not force anyone to confirm that they are guilty. It is necessary to ensure that all citizens related to the case or understand the case are objectively fully providing evidence. In addition to special cases, they can absorb them to assist in investigations.
Article 51 Public Security Organs shall be approved by the arrest of the book, the people's procuratorate sued the book, the people's court judgment must be faithful to the truth. If you deliberately conceal the truth, you should be investigated.
Article 52 People's Court, the People's Procuratorate and the Public Security Organs have the right to collect evidence to the relevant units and individuals. The relevant units and individuals should provide evidence.
Administrative organs, subject matter, book certificates, audiovisual materials, electronic data collected in the process of administrative law enforcement and investigation, can be used as evidence in criminal proceedings.
shall be confidential to the evidence involving state secrets, trade secrets, personal privacy.
Any for fake evidence, conceals or destruction evidence, no matter where it is, it must be investigated.
Article 53 The judgment of all cases must be emphasized, and the research is re-investigated, and it is not light. Only the defendant is prose, without other evidence, it is impossible to confirm the defendant's guilty and punishment; no defendant is convinced, the evidence is indeed, sufficient, can identify the defendant guilty and punishment.
evidence is indeed, sufficient, should meet the following conditions:
(1) The facts of the conviction of the sentence have evidence;
(b) according to the final case The evidence is true;
(3) Comprehensive evidence has been excluded about the fact that the facts have been excluded.
Article 54 The suspects collected by illegal methods such as illegal methods such as the provision of the provisions of the provision of the confession, the defendant, the victims, and the victims, should be excluded. If the material certificate is collected, the book has not met the legal procedure, which may seriously affect the judicial impartiality, and should be corrected or made reasonable explanation; it is not possible to correct or make reasonable explanations, the evidence should be excluded.
In terms of investigation, review, it is found that there is evidence that should be excluded, and shall be excluded according to law, and may not be used as an sued opinion, suplaint decision and judgment.
Article 55 The People's Procuratorate received the report, accused, reported or discovered that the investigators collected evidence in illegal methods, and should be investigated. For the case of collecting evidence in illegal methods, a corrective opinion should be made; the criminal responsibility shall be investigated according to law.
Article 56 In the trial of the Tribunal, the trial personnel believe that the legitimacy of evidence collection should be collected by the illegal approach, and the legitimacy of evidence collection should be carried out on the legitimacy of the evidence.
The parties and their defenders, the litigation agent has the right to apply for the people's court to exclude evidence collected by illegal methods. If the application excludes evidence collected by illegal methods, the related clues or materials should be provided.
Article 57 The people's procuratorate shall prove the legitimacy of evidence collection in the process of court investigation of the legitimacy collected by the evidence.
The existing evidence material cannot prove the legitimacy of evidence collection, the people's procuratorate can invite the people's court to inform the investigators or other personnel to appear in court; the people's court can notify the relevant investigator or other personnel to appear in court . About investigators or other personnel can also request a court statement. The relevant personnel should appear in court.
Article 58 For court trials, confirming or eliminating the presence of an illegal approach to collect evidence in accordance with the provisions of Article 54 of this Law, the relevant evidence should be excluded.
Article 59 The witness test must be based on the prosecutor, victim and the defendant, the defendant, and then verify the basis of the basis of the basis. When the court found that the witness intentionally did not have a perjury or concerted evidence, it shall be handled according to law.
Article 60 Anyone who knows the case is a matter of trust.
Physiology, mental defects or young, can not distinguish, people who don't correctly express, can not take people.
Article 61 People's Court, the People's Procuratorate and the Public Security Organs shall guarantee the safety of witnesses and their close relatives.
threats, insults, beats or combating retaliations for witnesses and their close relatives, constitutes crime, and investigates criminal responsibility according to law; it is not criminally punished, and public security management penalties shall be given according to law.
Article 62 For the endangers of national security crimes, terrorist crimes, crimes, drug crimes, etc., witnesses, appraisers, and victims to testify in lawsuits, I or my close relatives Personal security is in danger, the people's court, the people's procuratorate and the public security organs should take one or more of the protection measures:
(1) personal information such as unprofit name, address and work unit;
(2) Take the testimifuation measures that do not expose the appearance, real sound, etc.;
(3) prohibiting specific personnel contacting witnesses, identifying people, victims and their close relatives;< P> (4) Take specific protection measures to personal and residential;
(5) Other necessary protection measures.
witnesses, appraisers, and victims believe that they can protect the people's courts, people's procuratorates, and public security organs due to truth in lawsuits.
People's Court, People's Procuratorate, and Public Security Organs shall take protection measures according to law, and the relevant units and individuals should cooperate.
Article 63 The witness shall give a subsidy due to the transportation, accommodation, meal and other expenses spending the obligation of the testimony. The subsidist testing subsidy is included in the business funds of the judiciary, and is guaranteed by the same level of government.
There is a working unit's witness testimony, and the unit is not allowed or changing its salary, bonus and other benefits.