Theoretical types of evidence and the significance of its classification

What is the classification and introduction of evidence?

Classification of evidence:

1, original evidence and incoming evidence

Classification standard: the source of evidence

Meaning: The original evidence is the evidence that comes directly from the facts of the case and has not been copied or relayed;

Incoming evidence refers to the evidence indirectly obtained from the facts of the case and copied and relayed.

Distinguishing meaning: the reliability and probative force of original evidence are greater than that of incoming evidence.

2. Evidence of guilt and evidence of innocence

Evidence is divided into guilty evidence and innocent evidence according to whether the proof function of evidence is to affirm or deny that criminal suspects and defendants have committed criminal acts.

Any evidence that can prove the existence of criminal facts and that criminal suspects and defendants commit criminal acts is guilty evidence; Any evidence that can deny the existence of criminal facts or prove that criminal suspects and defendants have not committed criminal acts is innocent evidence.

3. Verbal evidence and physical evidence

According to the different forms of evidence, evidence can be divided into verbal evidence and physical evidence.

Any statement expressed as a person and evidence expressed in words are oral evidence; Written documents that are manifested as objects and traces and whose contents have evidential value, that is, physical evidence, are physical evidence.

4. Direct evidence and indirect evidence

According to the different relationship between evidence and the main facts of the case, evidence can be divided into direct evidence and indirect evidence.

Direct evidence is evidence that can directly show the main facts of a case; Indirect evidence is evidence that cannot directly show the main facts of a case alone and needs to be proved by combining with other evidence.

According to the provisions of Article 50 of the newly revised Criminal Procedure Law of People's Republic of China (PRC), the types of evidence include:

(1) Physical evidence;

(2) Documentary evidence;

(3) Testimony of witnesses;

(4) the victim's statement;

(5) confessions and excuses of criminal suspects and defendants;

(6) Appraisal opinions;

(7) Records of inquests, inspections, appraisals, investigations and experiments;

(8) Audio-visual materials and electronic data.

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