direct evidence

Legal terminology

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Direct evidence“ circumstantial evidence ”Symmetry of. It refers to the evidence that can directly explain the main facts of the case. The main facts of the case are criminal action Middle refers to whether the defendant has implemented criminal act , in civil administrative proceedings Middle refers to the dispute between the parties Legal relations The fact that. The confession of the criminal defendant to the crime, the statement and testimony of the victim or witness to the crime committed by the defendant, and the recognition of the civil defendant to the facts complained by the plaintiff, Documentary evidence About Civil disputes The records of facts are direct evidence. It is relatively simple to use direct evidence to prove the main facts of the case, but whether the direct evidence itself is true and reliable still needs to be confirmed by other evidence Judicial practice In general, direct evidence and indirect evidence cooperate and corroborate each other to identify the case.^[1]

Chinese name: direct evidence
Condition 1: A single piece of evidence

Condition 2: Can prove the main facts of the case
Condition 3: The proof method is direct without reasoning process

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direct evidence

First, a single evidence;

Second, it can prove the main facts of the case;

Third, the way of proof is direct and does not need to go through the reasoning process.

Division criteria

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The relationship between direct evidence and the main facts of the case is direct. A single direct evidence can prove the main facts of the case in a direct way without relying on other evidence. The proof of the main facts of the case by indirect evidence must be combined with other evidence, namely Indirect proof An indirect evidence alone cannot Direct proof The main facts of the case can only prove a certain episode of the main facts of the case, and can only prove the main facts of the case when combined with other evidence.

direct evidence

The so-called main facts of a case means that the parties are the main facts of the dispute or the main object of the lawsuit. The nature and type of cases are different: the contents of their main facts are different, and thus the scope of direct evidence and indirect evidence are different. stay criminal action The main fact of the case is that Prosecutor Whether the accused Criminal facts It includes two aspects: whether the criminal act has actually occurred and whether the act was committed by the accused. Therefore, any evidence that can independently and directly prove that the criminal suspect or defendant has committed a crime or has not committed a crime is direct evidence. The main facts of a civil case are disputed between civil parties Civil legal relations Whether it occurs, changes or disappears. Therefore, any civil case that can independently, directly prove or deny the dispute between civil parties Occurrence of legal relationship The evidence of change or elimination is direct evidence. administrative case The main facts of specific administrative act Whether the facts are legal or not, which can independently and directly prove or negate the specific administrative act of the administrative organ Legitimacy The evidence of is direct evidence.

There are five kinds of direct evidence in practice: first, Statement of the parties 。 include Criminal victim state, Suspect 、 defendant Confession and defense, civil action party 's statement, administrative proceedings party And other litigation evidence. It should be noted that not all statements of the parties can become direct evidence, only those that can directly prove the main facts of the case alone Statement of the parties Is direct evidence, such as criminal Victim's statement Only when it can indicate who committed the criminal act can it become direct evidence. Of course, since the parties are the witnesses of the case, most of their statements can directly prove the main facts of the case and are the most common direct evidence. In addition, for Confessions and excuses of criminal suspects and defendants Among them, the confession of the criminal suspect and defendant admitting their guilt is the direct evidence to prove their guilt, while the evidence of the criminal suspect and defendant denying their guilt is the direct evidence to prove their innocence. Second, it can prove the main facts of the case Testimony of witness 。 If the witness testimony can indicate who the perpetrator is, and can prove whether the civil legal relationship has occurred, changed or eliminated witness As well as the testimony of the persons present when the administrative organ implements the specific administrative act on whether the specific administrative act is legal. Third, it can prove the main facts of the case Documentary evidence 。 Documentary evidence is used to prove the facts of the case based on its recorded contents. If its recorded contents can directly prove the main facts of the case, it can become direct evidence, such as signed Reactionary slogans ； The victim's diary of being infringed by someone; Letters informing each other of the preparation or implementation of a crime among criminals in a joint crime; Contracts in civil proceedings Debit note Receipts and correspondence between the parties; In administrative proceedings Administrative penalty decision And relevant documents issued Official letter , certification, etc. Fourth, those that can prove the main facts of the case Audiovisual materials 。 If a surveillance video installed in a public place happens to record a person's theft, and the person can be identified based on the video, the video can become direct evidence. Fifthly, under specific circumstances, material evidence that can directly prove who committed the crime. Physical evidence generally cannot be direct evidence, but it can also be direct evidence in a few specific cases, such as someone carrying guns, ammunition, drugs, etc contraband At this time, the above articles prove that the perpetrator has implemented the Possession of firearms , ammunition and illegal possession of drugs, thus becoming direct evidence. Another example is that in civil proceedings, goods purchased on the spot can directly prove Civil law The occurrence, change or extinction of the relationship is also direct evidence.

Characteristics of evidence

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1. Direct evidence is straightforward in proving the main facts of the case

Direct evidence can directly prove the main facts of the case, that is, it can directly prove the main facts of the case alone. Direct evidence does not need to go through any intermediate link to prove the main facts of the case, nor does it need to rely on other evidence logical reasoning The main facts of the case can be indicated intuitively, so the method of using direct evidence to identify the case is simpler, less difficult, and more convenient to use. As long as it is verified to be true, it can be used as the main basis for identifying the case facts, and then the work to do is to identify other secondary facts and circumstances, making the process of proof relatively simple and easy. The direct proof of the main facts of the case is the prominent feature and advantage of direct evidence. However, it should be noted that the scope of cases that can be proved by different direct evidence is not exactly the same. Some have a large scope of proof, and some have a small scope of proof. For example, Testimony of witness May be described in detail criminal act The whole implementation process of, but cannot explain the criminal act Implementers The subjective aspect of. Another example is:, victim Although the perpetrator can be identified, the full course of the criminal act cannot be stated. Therefore, in specific cases, on the one hand, we should collect more direct evidence, on the other hand, we should not be overly superstitious about direct evidence. We should only collect evidence extensively, synthesize various direct evidence and circumstantial evidence Only on this basis can we fully display the full picture of the case.

2. Direct evidence Judicial practice Zhongduo Verbal evidence

direct evidence

One of the important characteristics of verbal evidence is that it is vulnerable to the influence of human subjective factors and has the possibility of distortion. If the witness's perception and memory of the facts of the case may be wrong due to the influence and limitation of physiological conditions Expressiveness It also varies from person to person; The parties often exaggerate or deliberately make false statements because they have a vital interest in the outcome of the case; Witnesses are bribed Pull in Or be threatened or cheated, they will provide untrue information or even deliberately perjury 。 Therefore, it is difficult to examine the objective authenticity of direct evidence. Using direct evidence to determine the facts of the case must be very careful, and the authenticity of direct evidence should be carefully verified according to legal procedures.

3． The number of direct evidence is small and not easy to obtain

In the collection of evidence, directly Source of evidence Narrow, small in number, difficult to obtain, and even impossible to obtain in some cases. This feature of direct evidence is particularly prominent in criminal cases. Due to the concealment of criminals' behaviors, there is generally no eyewitness, so there is a lack of direct evidence in this regard; Who committed the criminal act and how, only Offender I know best, but few criminals voluntarily surrender or voluntarily confess their crimes after being caught defendant The criminal suspect or defendant cannot be obtained without confessing confession ； In addition, in civil administrative case In general, the middle parties only state the conditions that are favorable to them, while the conditions that are unfavorable to them are often not mentioned, so they want to Statement of the parties The whole situation is not easy.

In the application of evidence, in addition to giving full play to the advantage that direct evidence proves the direct relationship, we must fully recognize the weakness of direct evidence. Only after careful review, verified direct evidence can be used as the basis for the determination of a case.

Application rules

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The direct evidence is directly related to the main facts of the case. Once solid direct evidence is collected, the main facts of the case can be proved. Therefore, in judicial and law enforcement practice, we should pay attention to the collection and application of direct evidence, and give full play to the main facts of the case Direct proof Function so as to quickly and timely identify the facts of the case and improve the efficiency of litigation. In order to ensure the probative value of direct evidence and give full play to the probative role of direct evidence in the main facts of the case, the following rules should be observed when using direct evidence:

1． Extortion of confessions by torture and collection of evidence by threats, inducements, deception and other illegal methods are strictly prohibited

I. Direct evidence in practice is mostly shown as Verbal evidence Its authenticity, reliability and stability are poor, Extort a confession by torture or Violent evidence collection The main purpose of the act is to extract direct evidence from the interrogated person or the interrogated population, threaten lure The purpose of collecting evidence by illegal means such as deception is often to obtain direct evidence, but the direct evidence obtained by the above illegal means violates the declarant's Subjective will It is difficult to guarantee the authenticity of its statements, and because of its violation of human rights, it is unacceptable in modern society.

2. Must pass in court Both the prosecution and the defense 's inquiry question the witness ； After verification, it can be used as the basis for finalizing the case

Direct evidence, as the basis for identifying the main facts of the case, can be used as the basis for identifying the main facts of the case only after other evidence proves its authenticity and reliability in principle. Of which, yes Statement of the parties We should treat it with caution, neither distrust nor credulity. This is because the parties have a direct interest in the outcome of the case, and their statements are often difficult to distinguish between true and false, and the truth and falsehood coexist. Therefore, they must be verified by other evidence. After verification, they can be used as the basis for deciding a case.

3. The case can not be finalized with isolated evidence

No evidence can prove its own authenticity. Direct evidence is no exception. Even if a single direct evidence can comprehensively describe the main situation of the case, it cannot be determined that the content reflected by it is true. Therefore, the case cannot be identified only by one direct evidence. On the contrary, direct evidence must also be corroborated by other evidence legal procedures It can be used as the basis for the final decision only after verification. In particular, for suspects in criminal cases defendant Confession, when only The defendant's statement In the absence of other evidence, the defendant cannot be found guilty and sentenced. When the case is mainly decided by direct evidence, special attention should be paid to the authenticity of direct evidence. The main reason for unjust, false and wrong cases is to determine cases based on false direct evidence. This historical lesson should be especially learned.

circumstantial evidence

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Difference between 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. The main fact of a criminal case is whether the criminal suspect or defendant has committed a criminal act, that is“ Offender + criminal act ”。 The so-called difference in the relationship of proof refers to whether a certain evidence can independently and directly prove the main facts of the case. Any evidence that can directly prove the main facts of a case alone is direct evidence. Its meaning refers to the content of a certain piece of evidence. It can intuitively explain whether the alleged criminal act has occurred and whether the criminal act has been committed by the person being prosecuted without reasoning. Any evidence that must be combined with other evidence to prove the main facts of the case is indirect evidence.

[Description of direct evidence and indirect evidence]

1、 Standard and concept of direct evidence and indirect evidence

(1) The evidence can be divided into direct evidence and indirect evidence according to the extent to which a single litigation evidence reflects the main facts of the case.

(2) The main facts of a criminal case refer to whether a criminal act has occurred and who is the perpetrator of the criminal act.

Any evidence that can directly explain the main facts of the case alone is direct evidence; Any evidence that cannot directly explain the main facts of the case alone must be connected with other evidence to explain the main facts of the case, which is indirect evidence.

Main differences

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Based on the evidence and Facts to be proved There are different relationships between direct evidence and indirect evidence. Direct evidence, It refers to the fact that Direct contact , which can independently and directly prove the facts to be proved. circumstantial evidence, It means that there is Indirect contact , which cannot directly prove the facts to be proved alone.

The division of direct evidence and indirect evidence is relative and based on the same Object of certification Is referenced. Therefore, direct evidence and indirect evidence are not absolute. In trial practice, indirect evidence is not as convenient as direct evidence because it has no direct relationship with the object of proof. However, the role of indirect evidence should not be underestimated.

First of all, due to the complexity of the case, some parties often hide the true situation and direct evidence of the case in order to avoid the court's determination that it is not conducive to them, so that the other party and Case handlers It is not easy to find direct evidence. We can only start with indirect evidence by using indirect evidence, Research Gradually clarify and finally understand civil case The purpose of truth. Therefore, indirect evidence can serve as a guide for investigating and studying the whole case.

Secondly, indirect evidence can identify the authenticity of direct evidence. Some direct evidence may be true, and some may be forged materials. Therefore, these evidences must be combined with all the evidence in the whole case Evidential materials The use of indirect evidence is an important means to identify direct evidence. According to indirect evidence, people can empirically determine whether the facts of the case have occurred, changed and eliminated, and indirect evidence can also affect the Evidential power 。

Third, the reflection of direct evidence and indirect evidence on the authenticity of the case is conditional, approximate and relative. Both have certain limitations. Several indirect evidence are combined Probative force Can be equivalent to or even more powerful than a direct evidence. Therefore, when proving the facts of a case, indirect evidence is a powerful assistant and reliable evidence of direct evidence.

Since indirect evidence is used to prove the facts of the case indirectly, it is more difficult and complex to use indirect evidence. The parties and investigators are required to be more cautious in providing, reviewing, judging and using indirect evidence.

First of all, attention should be paid to the use of indirect evidence to prove the facts of the case. There must be enough evidence to form a complete and rigorous chain of proof, which is reasonable and impeccable.

Secondly, it should be noted that the facts proved by indirect evidence should be intrinsically related to the case itself. If there is no intrinsic relationship, it cannot become the indirect evidence of the case.

Third, attention should be paid to the connection and coordination between indirect evidences, which are all confirmed around a major fact in the case; If there are contradictions between indirect evidence and they cannot be excluded, the facts of the case cannot be determined.

Fourth, attention should be paid to comprehensive analysis and research, which can not only confirm the truth of the case from the front, but also exclude false elements from the back, so as to draw reliable conclusions.

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