Second Volume. Illustrated Evidence, Sentencing Standards, and Legal Application for Case Filing

Author: None
Publisher:
Publish Date: 2005-05-01
Features: As an important criminal judicial force of the state, public security organs play a significant role in realizing the basic policy of governing the country according to law and building a socialist rule-of-law country. Justice and enforcement are crucial links in achieving the goals of the rule of law. A correct understanding and accurate application of the law are the source of rule-of-law awareness and the fundamental guarantee for achieving the goals of the rule of law. To smoothly fulfill their criminal judicial functions, public security investigators must accurately understand and comprehensively master criminal legal knowledge. Only in this way can they effectively combat crime in accordance with the law and maintain social order. To meet the needs of public security investigators in criminal cases, we have invited relevant experts and scholars to compile this book, "Illustrated Standards for Case Filing, Evidence, Sentencing, and Legal Application." This book has the following characteristics:
Novelty. The entire book adopts a chart-based format, making it easy to understand and quickly reference. In terms of layout, it follows the structure of 【Concept】【Case Filing Standards】【Criminal Liability Standards】【Evidence Reference Standards】【Sentencing Standards】【Legal Application】, providing a comprehensive interpretation of cases under the jurisdiction of public security organs based on the latest laws, judicial interpretations, departmental rules, and regulatory documents. Special attention is given to the detailed explanation of newly defined crimes established by criminal law amendments.
Accuracy. The book is meticulously compiled based on authoritative sources and has been reviewed by experts and scholars from relevant departments. The authors are law doctors and masters from public security organs and related academic institutions, with solid theoretical foundations in criminal law and a deep understanding of judicial practice. Their explanations are accurate, the structure is rigorous, and the book guarantees authority and reliability.
Practicality. The book is closely tied to the practicalities of criminal case handling, systematically explaining and interpreting all cases under the jurisdiction of public security organs without omission. It provides detailed introductions to issues such as case filing standards, crime identification, distinguishing between crime and non-crime, distinguishing between different crimes, distinguishing between one crime and multiple crimes, assessing the severity of crimes, the scope of evidence, and legal application. The logic is clear, the language is fluent, and the content is highly targeted, making it a valuable reference for case handling.
It should be noted that the legal terms such as "case filing standards," "evidence standards," "criminal liability standards," and "sentencing standards" in the book's format refer to the following meanings:
(1) Case Filing Standards
Broadly speaking, case filing standards should include all legal and factual criteria required for filing a case. They are the specific and standardized formulation of case filing conditions. Narrowly speaking, they refer to the thresholds for the objective aspects of a crime, such as amounts, circumstances, and actions. The case filing standards in this book refer to the narrow definition. According to the provisions of the criminal law, case filing standards can be divided into amount standards, circumstance standards, action standards, result standards, and danger standards. In judicial practice, case filing standards serve as the starting point for case handling and have certain differences from sentencing standards.
(2) Criminal Liability Standards
This refers to the elements of criminal liability, including the object of the crime, the objective aspects of the crime, the subject of the crime, and the subjective aspects of the crime. When determining criminal liability, it is important to distinguish between crime and non-crime. To assess whether an act constitutes a crime, one must first determine whether the act is socially harmful and to what extent. Second, both the general principles of criminal liability in the criminal law and the specific constitutions of certain crimes under the criminal law must be considered. Third, when identifying the crime, it is also necessary to distinguish between different crimes and between one crime and multiple crimes.
(3) Evidence Standards
These refer to the evidence materials required by public security organs or procuratorial organs during case filing, arrest approval, conclusion of investigation and transfer to prosecution review, the procuratorial organ's indictment of the defendant, and the court's determination of whether the defendant constitutes a crime and of what kind, as well as the severity of the crime. In investigative practice, the collection of evidence must be conducted in accordance with the law in line with the requirements of criminal liability and sentencing. For this reason, the book lists evidence standards for criminal liability (i.e., the four elements of criminal liability) and sentencing evidence standards. To understand evidence standards, note the following three points:
First, the purpose of evidence is to prove criminal facts. Criminal facts are the objects of evidence. Second, the collection of evidence must be sufficient and certain. Sufficient and certain evidence means that the determination of facts must have a solid evidence foundation, i.e., enough evidence to prove the case to the required standard, while the evidence itself must be reliable. Specifically, it includes the following: (1) evidence of the objective existence of a criminal fact; (2) evidence proving that the subject of examination is indeed a suspect; (3) evidence of the suspect's criminal acts; (4) evidence that the suspect has reached the age of criminal responsibility and should be held criminally liable; (5) evidence proving the suspect's subjective criminal intent (including motives and purposes). Sufficiency of evidence is not about the quantity or types of evidence but rather about their proof power. Different types of cases have different requirements for sufficiency, and different kinds and quantities of evidence may produce different levels of proof. As long as it is sufficient, it is acceptable. Sufficient evidence also includes: (1) evidence of all criminal facts to be transferred for prosecution review; (2) evidence related to the criminal act, methods, means, process, time, and location; (3) evidence of the suspect's identity; (4) evidence of the suspect's subjective criminal intent (including motives and purposes); (5) evidence of the cause, result, and victim of the crime; (6) evidence of statutory and discretionary circumstances. Sufficiency of evidence requires that all facts and circumstances of the case must be proven by corresponding evidence, and the evidence must form a rigorous chain, complementing and corroborating each other without contradictions. The conclusion drawn must also be unique and exclusive. Third, evidence must prove that the suspect should be held criminally liable in accordance with the law. Through the collection of evidence, it must be demonstrated that the suspect's actions constitute a crime as stipulated in the criminal law and that they should be sentenced.
(4) Sentencing Standards
These refer to the standards used by courts to determine the severity of punishment after a crime has been established. Sentencing standards are divided into statutory and discretionary sentencing circumstances, as well as lenient and severe sentencing circumstances. The book provides a detailed enumeration of sentencing standards according to the categories established by the criminal law. We will update the book in accordance with the formulation, revision, and abolition of relevant laws, administrative regulations, departmental rules, and policies. We hope that the publication of this book will play a positive role in improving the enforcement and case-handling capabilities of public security investigators. The book can also be used as a reference for procuratorial, judicial personnel, lawyers, and other legal workers when handling criminal cases. Due to the urgency of the situation, the level of the compilers is limited, and omissions are inevitable. We sincerely welcome the criticism and corrections of the readers.
Compiled by the Book Team
2005