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Can I be convicted with only human evidence and no physical evidence

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Can I be convicted with only human evidence and no physical evidence


        

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  • 2024-06-06 04:00:47

    If there is human evidence but no material evidence, a person can also be convicted if the following conditions are met:

    (1) Based on the evidence of the whole case, reasonable doubt has been eliminated on the facts identified;

    (2) The facts of conviction and sentencing are proved by evidence;

    (3) The evidence based on which the case was finalized was verified by legal procedures.

    [Legal Basis]

    According to Article 55 of the Criminal Procedure Law of the People's Republic of China, the principle of emphasizing evidence, investigation and research, and not belittling oral confession should be applied to all cases. If there is only the confession of the defendant and no other evidence, the defendant cannot be found guilty and sentenced; If there is no confession from the defendant and the evidence is reliable and sufficient, the defendant may be found guilty and sentenced to punishment. The evidence is reliable and sufficient, which should meet the following conditions: (1) The facts of conviction and sentencing are all proved by evidence; (2) The evidence based on which the case is finalized has been verified through legal procedures; (3) Based on the evidence of the whole case, reasonable doubt has been eliminated on the facts identified.

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