Traditional Culture Encyclopedia - Traditional festivals - What are the characteristics of the original evidence?

What are the characteristics of the original evidence?

First, what are the characteristics of the original criminal evidence? Original evidence, symmetry of "incoming evidence". Refers to the evidence obtained by judicial personnel directly from the original source, and does not need to be copied and reported. Statements obtained by judicial personnel directly from criminal victims or civil litigants, testimonies on cases obtained from witnesses, confessions of criminal defendants, originals of physical evidence and documentary evidence are all original evidence. The original evidence has not been copied and reported, which has strong probative force, but it still needs to be examined and verified. The original evidence is related to the later evidence. The former refers to the evidence directly derived from the facts of the case, which has not been copied or relayed, and is the first-hand information. Rather than directly from the facts, it is handwritten evidence. Second, what are the characteristics of criminal evidence? It is generally believed that all evidence should have probative power and probative ability. The probative force of evidence refers to the probative effect of evidence on the facts of the case to be proved. The probative force of evidence refers to the qualification that evidence materials are legally allowed to be used as evidence. This is the basic feature of evidence. China's criminal evidence system also basically embodies the above characteristics, which are: 1, objectivity. The objectivity of litigation evidence means that litigation evidence is an objective fact, not something that people speculate and are false. The objectivity of litigation evidence is the essential feature of litigation evidence, which is determined by the objectivity of the case facts themselves. 2. Relevance. The relevance of litigation evidence refers to the objective connection between litigation evidence and the facts to be proved in the case. Evidence is both an objective fact and a fact related to the facts of the case. There are many kinds of objective facts, not all of which can become evidence, only those facts that are objectively related to the facts of the case can become evidence. 3. legitimacy. The legality of evidence means that litigation evidence must be factual materials obtained in accordance with legal requirements and legal procedures. This feature of evidence shows that: first, the provision, collection and examination of litigation evidence must meet the statutory procedural requirements. To sum up, in criminal proceedings, evidence is an important basis for the procuratorate to review and prosecute and the court to hear. From the classification point of view, there is original evidence. Such evidence is obtained directly, belongs to the first-hand evidence, and is more effective than the past evidence. Although the original evidence has a strong proof function, physical evidence, documentary evidence and other evidence need to cooperate with other evidence if they want to be finalized.