What is the necessary evidence of ordinary intentional homicide?

Evidence of intentional homicide and intentional injury

2. 1 filing evidence

Filing a case for investigation shall include the materials of accusation, accusation and report of relevant personnel, the materials of criminal suspects surrendering or surrendering themselves, the criminal facts discovered by public security police in their daily law enforcement duties, the criminal clues transferred by relevant departments and other factual materials, the materials notified by the people's procuratorate to file a case, or the materials designated by the public security organ at a higher level or notified in writing to file a case.

2. 1. 1 report, accusation, report, transfer and surrender materials.

(a) reports, complaints and reports can be made in written or oral form;

(two) online reporting, complaints, reports, to deal with the page screenshot print attached volume, and indicate the source;

(three) oral or telephone report, complaint, report, surrender, the receptionist shall make a record, signed or sealed by the report, complaint, report and surrender;

(4) If the criminal suspect or defendant voluntarily surrenders himself, the accepting staff shall make a written record, which shall be signed or sealed by the surrenderer;

(five) if the report, complaint or report may lead to retaliation, it shall take timely protection and confidentiality measures.

2. 1.2 Criminal facts discovered by public security organs in the course of performing their duties.

If a public security organ discovers criminal facts in the course of performing its duties such as daily patrol and routine inspection, the staff shall record the relevant information in writing, and sign and affix the official seal of the unit; Written materials written by the staff, one for each person, can not be written by several people together.

2. 1.3 Criminal materials transferred by relevant departments

The relevant units shall, in their daily work, affix official seals to the materials that the criminal facts are transferred to the public security organs.

2. 1.4 Registration Form of Accepted Cases and Decision of Filing Cases

The registration form of accepting a case and the decision to file a case shall be made in accordance with the Code for Filing Criminal Files of Public Security Organs (version 20 14).

2.2 Case detection evidence

The public security organ shall, through the implementation of investigation measures, find out the facts of the crime, arrest the criminal suspect and defendant, and have relevant evidence materials reflecting the process of solving the case and how to lock and arrest the criminal suspect.

2.2. 1 Lock the relevant materials of criminal suspects and defendants.

(1) If a public security organ locks a criminal suspect or defendant through on-the-spot investigation or investigation of the victim's social relations, it shall attach witness testimony, identification transcripts, surveillance videos and other investigation-related materials.

(2) If the criminal suspect or defendant is locked by analyzing the telecommunication call, relevant materials such as call records shall be attached, and the call records shall be stamped with the official seal of the communication department.

(3) Where a criminal suspect or defendant is locked by means of technical investigation, if the relevant contents cannot be made public, the evidence shall be converted or a separate confidential volume shall be made. When the procuratorial organ or judicial organ requests to consult the confidential volume, the public security organ shall cooperate.

(4) If a criminal suspect calls the police, entrusts others to call the police or waits at the scene knowing that others call the police, an alarm form and the testimony of the client shall be attached.

2.2.2 Arrival process

(a) The capture process should include details such as time, place, process and the order in which many suspects and defendants arrive at the case.

(2) In a homicide case in which the criminal suspect and the defendant are punished for several crimes, the investigation organ shall specify the source of each criminal clue and the situation of joint investigation.

(3) In a case with the same crime, if there is any act of assisting in the arrest of other criminal suspects and defendants in the same case, the specific act of assisting shall be specified.

(4) Whether there are circumstances such as surrender, disclosure and confession after being arrested. And whether the relatives of the criminal suspect or defendant reported the case or assisted in the arrest, and whether the relatives of the criminal suspect or defendant provided the main evidence of their crimes.

(5) After the arrest, two or more staff members who participated in the arrest or accepted the surrender shall sign and affix the official seal of the unit. The written materials written by the staff should be written by one person, not by several people.

2.2.3 Use explanation materials and videos to detect police dogs.

When a police dog sniffs out the source to assist in the investigation, identifies a criminal suspect or defendant, or seizes a weapon and other related items, it shall write the relevant information in writing and affix the official seal of the unit, and may attach an attachment if conditions permit.

2.3 Inspection, inspection and search of evidence

When conducting an inquest, inspection or search of the residence of a criminal suspect or defendant, the public security organ shall make a record of on-site investigation, a record of search, a list of seized items and other evidence, and may make videos or take photos when necessary.

2.3. 1 Records, photos, videos and drawings of site investigation.

The contents of on-site inquest and inspection of criminal cases include on-site protection, on-site inquest and inspection, on-site visit, on-site search and tracking, investigation experiment, on-site analysis, on-site treatment, on-site review and so on. When conducting an inquest or inspection on the site, it is necessary to take photos of the site, draw a map of the site and make a record, which shall be signed by the participants and witnesses. The scene of a major case shall be videotaped. On-site inspection records include on-site inspection records, on-site maps, on-site photos, on-site videos and on-site recordings. The text of the record of the on-site inspection shall specify the process and results of the on-site inspection, including the traces related to the crime, the name, location, quantity, characteristics and distribution of the articles, the location, clothing, posture, blood distribution, characteristics and quantity of the corpse, and the extraction of traces and material evidence. Before moving the corpse at the scene, photos and videos should be taken of the original condition of the corpse and the surrounding traces and articles, and relevant traces and material evidence should be extracted.

Where multiple scenes are involved, the location relationship between the crime scene, the corpse dumping scene, the parabolic scene and the relevant scenes such as the purchase of the murder weapon and the extraction certificate shall be marked.

2.3.2 Extraction and seizure of relevant traces, physical evidence and documentary evidence.

(1) Traces and articles related to crimes found during on-site inquests and inspections shall be fixed and recorded in the Work Record of on-site inquests and inspections. The seizure of documents and articles shall be accompanied by a seizure list and a seizure decision. When extracting traces and articles from the scene, a registration form for extracting traces and material evidence shall be attached. Articles and documents that should be seized but are inconvenient to take out may be kept or sealed by the holder of the seized articles and documents after registration, photographing or video recording and evaluation, with a list of registration and preservation attached.

The evidence found in the search shall be accompanied by the search record, the seizure list and the photos and audio-visual materials taken during the search.

(2) Collect video information, base station information, geographic information and electronic information around the site. The inspection personnel shall collect and record the video information, base station information, geographical information and electronic information around the site in time.

When conducting an inquest or inspection of a crime scene involving electronic data, relevant equipment shall be disposed of in accordance with relevant norms to protect electronic data and other traces and material evidence.

(3) The physical evidence and documentary evidence found during the search of the criminal suspect's person, residence or the place where he confessed or identified shall be accompanied by the search record, seizure list, photos and audio-visual materials taken during the search.

(4) For the financial transactions involved in the statements and excuses of criminal suspects and defendants or the testimony of relevant witnesses, relevant evidence should be collected in time for confirmation, including bank card account opening, account book information, running list, counter deposit and withdrawal records, deposit and withdrawal vouchers, atm deposit and withdrawal videos, etc.

(5) The procedures and methods for collecting tools for committing crimes shall comply with the law. Where tools for committing crimes are obtained by means of inquest, inspection, seizure decision, search and retrieval, relevant transcripts, lists and photos shall be attached, and the transcripts and lists shall be signed by investigators, article holders and witnesses. If there is no signature of the cargo holder, the reason shall be indicated; The name, characteristics, quantity and quality of crime tools shall be marked. When necessary, synchronous audio and video recording shall be carried out.

(6) If a corpse or a corpse is found under the leadership of a criminal suspect or defendant, the location of the corpse or the hiding place of the corpse shall be found first, and then the exploration shall be conducted, and corresponding transcripts, lists and photos shall be made, and audio and video recordings shall be made at the same time.

(seven) in the course of investigation, when it is found that the relevant units or individuals hold evidence related to the case, they shall obtain evidence from the relevant units or individuals. And make a list of evidence on the spot. After obtaining the evidence, ask the relevant personnel about the source, content and preservation of the evidence, and make an inquiry record. When necessary, the content of evidence and the process of obtaining evidence shall be fixed by taking photos, synchronous recording and video recording.

(8) Records and lists shall indicate the name, characteristics, quantity and quality of the articles, and shall be signed by investigators, article holders and witnesses. If there is no signature of the owner of the article, the reason shall be indicated. Physical evidence and documentary evidence that are not accompanied by the list and photos of the inquest, inspection, search and seizure, as well as those that are inconsistent with the list and photos of the inquest, inspection and search, shall be corrected by witnesses appearing in court or playing synchronous video of on-site investigation activities such as the inquest, inspection, search and seizure by the investigation organ. If it cannot be corrected or a reasonable explanation cannot be made, it shall not be used as the basis for finalizing the case.

(9) Articles and documents that should be seized but are inconvenient to extract may be kept or sealed by the holder of the seized articles and documents after being fixed by taking photos or videos, and a separate registration and preservation list shall be issued.

(10) Physical evidence and documentary evidence that are easily damaged or deteriorated and cannot be transferred with the case shall be preserved by writing, drawing, taking photos, video recording and making models.

2.4 Appraisal opinions

2.4. 1 autopsy report

Autopsy report is an important evidence to confirm the cause of the victim's death, and should comply with the relevant provisions of laws, regulations and judicial interpretations on expert opinions.

(1) Autopsy reports and photos shall record the autopsy in a comprehensive, objective and detailed manner, and record the size, shape, injury type and location of the wounds and lacerations on the victim's body in detail one by one, and attach detailed photos one by one. The clothes left by the victim should be examined.

(2) In autopsy, besides body surface examination, autopsy should be performed to accurately determine the cause of death, analyze the tools for inferring injury and death, and infer the time of death.

(3) When dissecting female corpses, swabs should be taken from vulnerable parts such as women's lips, breasts and vagina. The dna materials of suspects and defendants that may be left under the fingernails should also be collected one by one.

(4) Contents of stomach and heart, blood, etc. It must be extracted from the corpse of the victim with unknown cause of death for physical and chemical examination, and other specialized issues involving the determination of the case shall be entrusted to a specialized agency for identification.

(5) There may be many reasons for the victim's death, and several reasons shall be analyzed and tested respectively.

2.4.2 Identification of living injury

The identification of the victim's injury should describe the type and location of the injury in detail, analyze the injury-causing tools, and attach photos of the injury.

2.4.3 Other appraisal opinions

(1) If a murder weapon is extracted from a case, it shall be identified whether the fingerprints or dna of the criminal suspect or defendant are left on the murder weapon, and whether the blood or dna of the victim is left on the murder weapon.

(2) When clothes worn by criminal suspects and defendants are extracted and recorded, multi-point extraction inspection shall be carried out on the clothes to identify whether the clothes of criminal suspects and defendants have the victim's blood or dna.

(3) Blood, hair, body fluids, fingerprints, palm prints, shoe prints, etc. What is extracted on the spot shall be identified with the corresponding biological samples, biological characteristics and articles of the victim, criminal suspect and defendant.

2.5 Evidence to confirm the identity of the victim

(1) the testimony of the victim's relatives confirming the identity of the death victim.

(2) the identity certificate or household registration certificate of the death victim.

(3) If the corpse meets the identification requirements, organize the criminal suspect and the relatives of the victim to identify the photos of the corpse, make identification records, conduct dna identification and confirm the identity of the deceased. If the corpse does not meet the identification conditions, dna identification should be carried out to confirm the identity of the deceased. If the identity of the victim cannot be determined, the public security organ shall give a written explanation.

(4) The process of identifying the victim with an unknown corpse shall be fixed with evidence, such as the record of identifying the corpse and the testimony of relevant witnesses.

2.6 Identification and identification records

2.6. 1 Identify field records

After the criminal suspect and defendant are brought to justice, they shall identify the crime scene, and make identification records and photos, and the whole identification process shall be recorded and videotaped.

2.6.2 murder weapon identification records

Criminal suspects, defendants and relevant witnesses shall make mixed identification of the collected weapons, and make transcripts and photos.

2.6.3 Records of identifying related articles

Criminal suspects, defendants and relevant witnesses shall be identified by mixing, and records and photos shall be made of relevant physical evidence extracted from the case, such as clothes worn at the time of committing the crime and articles left by the victim.

2.6.4 Records of identification of criminal suspects by victims and witnesses.

If there are surviving victims or witnesses on the spot, the criminal suspect and defendant shall be mixed and identified, and transcripts and photos shall be made.

2.6.5 Identification records of accomplices

* * * In the same criminal case, criminal suspects and defendants shall be organized to identify accomplices, and transcripts and photos shall be made.

2.7 Audio-visual materials

The public security organ shall promptly extract fixed and standardized audio-visual materials as evidence.

2.7. 1 On-site monitoring video

The surveillance video of the crime scene shall be collected in time, and the notice and list of evidence collection shall be collected. If it cannot be retrieved, relevant explanations shall be made, and the extract shall remain the same and shall not be edited. Those who meet the requirements for identification shall organize criminal suspects, relevant witnesses and victims to identify the video content.

2.7.2 Synchronous audio and video recording of interrogations of criminal suspects and defendants.

Every interrogation of criminal suspects and defendants should be synchronized with audio and video recording, including guilty confession and innocent plea. Before recording, the equipment should be debugged, and recording and video recording should not be stopped on the grounds of equipment failure. The start and end time of synchronous audio and video recording should be consistent with the transcript.

2.7.3 Find the audio and video of material evidence.

If a criminal suspect or defendant leads a public security organ to find a murder weapon, a corpse, a corpse block or related material evidence, it shall conduct synchronous audio and video recording.

2.8 Evidence of communication and activities

The correspondence and activities involved in the confession of a criminal suspect or defendant or the testimony of relevant witnesses shall be fixed by obtaining relevant evidence in time.

2.8. 1 communication evidence

Mobile phones, mobile phone cards, owner information, call records, materials and other materials used by criminal suspects and defendants for communication shall be collected from the communication department in time and stamped with the official seal.

SMS, WeChat, qq chat records, emails, letters, etc. Should be repaired in time by taking photos, screenshots, conversion, etc. Regular and fixed personnel shall issue a statement to determine the fixed object.

Evidence of activity trajectory

Investigate the criminal suspect's activity track before and after committing a crime, verify whether he has committed a crime, and attach relevant materials.

(a) the materials of the criminal suspect's accommodation. Check-in registration forms and surveillance videos of hotels and guest houses where criminal suspects and defendants stay shall be obtained. At the same time, it should ask the reception staff and make an inquiry record. If the identification conditions are met, the reception staff shall be organized to make a mixed identification of the criminal suspect and the defendant, and a record of identification shall be made.

(two) the materials of the criminal suspect and the defendant on the means of transport and the materials of the running track of the means of transport. If you take public transport, you should obtain relevant ticket purchase records, tickets, boarding passes, etc. If a criminal suspect or defendant drives his own vehicle, he shall obtain the vehicle's driving track or the records and surveillance videos of entering and leaving the relevant toll stations.

2.9 investigation experiment

Investigation experiment is a kind of investigation measure to prove whether, how and how the facts of a case can happen under certain conditions by means of simulation and repetition in the process of investigating and handling a case. Investigation experiments should be carried out on cases with doubts about the time, weapon and conditions of committing crimes, and the investigation experiments should comply with the provisions of laws, regulations and relevant judicial interpretations.

2. 10 victim statement and witness testimony

In the process of collection, the public security organ shall comprehensively and carefully record the time, place, reasons, physical characteristics, process of committing crimes, the resistance of the victim, the specific behaviors of the accomplices in the crime, and the injuries of the suspect, defendant and victim reflected in the victim's statement and witness testimony.

If the victim's statement or the testimony of key witnesses changes, which may affect the conviction and sentencing of criminal suspects and defendants and the application of the law, the interrogation record shall record the reasons for the change and the new statement. If the reasons for the change and the facts and evidence involved in the new statement may affect conviction, sentencing and the application of the law, the case-handling personnel shall pay attention to verification and collection. The victims and witnesses should be informed of the synchronous audio and video recording of the investigation process.

2. 1 1 confessions and excuses of criminal suspects

(1) The investigation organ shall comprehensively collect the guilty confessions and excuses of the criminal suspects and defendants, and make an interrogation record for each interrogation, which shall completely reflect the whole interrogation process, especially how the criminal suspects and defendants never confessed, and shall truthfully record it.

(2) The investigation organ shall conduct a detailed and comprehensive interrogation on the cause and effect of the case, motivation, purpose, criminal premeditation, planning process, crime process, use of weapon, characteristics and whereabouts of weapon, disposal of corpse, whether the crime scene has been treated, destruction of evidence, escape route, quantity, characteristics and whereabouts of the property involved, whether there is an accomplice, and the criminal facts and identity of the accomplice.

(3) During the interrogation, whether there are neighborhood disputes, marriage and family conflicts, etc. in the relationship between the criminal suspect, the defendant and the victim. We should ask clearly, so as to find out the subjective mentality of criminal suspects and defendants when committing crimes, and whether the victims are at fault or responsible for the intensification of contradictions.

(4) If a criminal suspect or defendant repeatedly confesses or makes an innocent plea, the interrogation record shall truthfully record his confession, confession, repetition and plea.

Investigators shall verify and collect the facts and evidence that may affect the conviction and sentencing of criminal suspects and defendants or the application of laws in the reasons and excuses for retraction. If it cannot be verified and collected, a work record shall be made to explain the process and reasons.

2. 12 evidence to prove the criminal responsibility of the criminal suspect

2. 12. 1 evidence of age

The household registration certificate issued by the public security organ shall be accompanied by bareheaded photos of the criminal suspect, defendant and family members of the same household. If no photos are attached, the identification record of the criminal suspect, the defendant's relatives or other insiders shall be collected.

If a criminal suspect, defendant or his relatives disagree with the age specified in the household registration certificate or cannot obtain the household registration certificate from the local public security organ, they shall supplement the hospital birth certificate, resume, registration form for enlistment and enlistment or the testimony of other insiders such as midwives, neighbors or relatives.

If it is still uncertain whether the criminal suspect or defendant reached the age of 65,438+04, 65,438+06, 65,438+08 or 75 at the time of committing the crime by using the above investigation and evidence collection methods, the criminal suspect or defendant shall be identified accordingly.

2. 12.2 Other evidence of criminal responsibility.

(1) If a criminal suspect or defendant behaves abnormally at the time of committing a crime or behaves abnormally after being brought to justice, and has a history of mental illness, or his close relatives have a history of mental illness and may suffer from mental illness, a forensic psychiatric appraisal shall be conducted.

(2) If there are signs that the criminal suspect or defendant has mental retardation or has lost physiological functions such as deafness and blindness, he shall obtain medical diagnosis certificates such as medical records or entrust a medical unit for identification.

(3) A pregnant female criminal suspect or defendant shall entrust a hospital at or above the county level for examination and issue a pregnancy certificate.

2. 13 description

The public security organ shall explain the fact that the murder weapon has not been taken out, the traces, physical evidence and documentary evidence have not been identified, and the accomplice is at large and dealt with.