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Criminal Investigation Criminal use of renewable evidence

Author: YangJiaRui
Tutor: ZhangFang
School: China University of Political Science
Course: Procedural Law
Keywords: Renewable evidence Primary raw evidence Counter Investigation Act
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 105
Quote: 1
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Abstract

Investigate and deal with criminals in the process of bribery cases collusion, serial card, and other anti-detection behavior and its manifestations has led to thinking investigators renewable evidence. Criminal renewable evidence of the formation of anti-investigative behavior, but not completely dependent on this, but starting from the discovery of cases of crime, to check the actual demand to distinguish from a new angle, grasp the characteristics and laws of evidence, in order to better guide practice. I will be evidence of criminal regeneration is defined as: the suspect, the defendant and any interested party after the implementation in criminal behavior, formed in a variety of investigative activities to cover up the crime facts to prove the real situation of the case from the opposite perspective facts and materials. Its corresponding evidence of criminal native is generated in the process of criminal suspects to commit criminal acts in a direct reflection of the facts and materials constitute a crime. Criminal the renewable evidence in addition to have the evidence of the general common features, the relative native evidence, other evidence, as well as personality traits: from the property, evidence to the contrary, permit, and the relative. Look from the perspective of theoretical studies of criminal evidence, the evidence is classified as criminal evidence of native and regeneration of evidence, characteristics, classification, using the rules for further study, and correctly judge the strength of the evidence has important theoretical significance. Look from the perspective of investigative practice of criminal evidence, the evidence is classified as criminal evidence and regeneration of the native evidence, to help enhance the understanding of the judicial officers of the importance of renewable evidence, to improve its collection, the use of evidence of criminal regeneration consciousness, initiative. Classification of criminal renewable evidence may have different standards from different angles. Evidence District is divided into the evidence of native regeneration evidence, to master the different characteristics of the two types of evidence, as the regeneration of the meaning of the evidence, characteristics, classification, investigation consciously find, collect, correct review, judgment and effective use of such evidence prove the facts of the case has important implications. Current judicial practice, criminal renewable evidence used in the investigation of crimes committed, especially bribery cases, bribery is characterized by the production of evidence of criminal renewable possible bribery case investigation revealed evidence of difficult problems for the criminal the generation of renewable evidence of the demand. However, evidence of criminal regeneration should also be applied to the investigation of other criminal offenses. Illegal criminal renewable evidence does not have evidence of ability, not with evidence of qualifications, the evidence in the legal sense, anti-investigative activities reflect the authenticity have no way to identify and guarantee. In order to ensure the probative value of evidence of criminal regeneration, give full play its supporting role in the judicial practice in the use of renewable evidence should comply with the corresponding rules. Regeneration of evidence collected, fixed, and should follow certain principles and methods. Review of judgments of the regeneration of evidence for the regeneration of whether the evidence is in line with evidence of objectivity, relevance, legality review. Distinguish between renewable generation and the role of evidence from the criminal part of the regeneration of the evidence already has the characteristics of the Evidence, the performance is one of the statutory forms of evidence, part of the regeneration of evidence only as mining, confirmed the evidence and facts of the case of native clues and materials, but also part of the regeneration of evidence through the transformation to achieve the investigative evidence of the conversion to the final evidence, the conversion of renewable evidence to the Evidence manifested form of legal evidence in order to become the legal sense of the evidence to prove the facts of the crime. In the course of the investigation, according to the different circumstances of the case, the use of a good investigation strategy is an important way to get renewable evidence.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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