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

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 national policy of governing the country according to law and building a socialist rule-of-law country. Judicial and law 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 the formation of legal 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 fully 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 case handling, we have invited relevant experts and scholars to compile this "Illustrated Standards for Case Filing, Evidence, Criminal Determination, Sentencing, and Legal Application." This book has the following characteristics:
Novelty. The entire book adopts a chart-based format, making it clear at a glance and. In terms of layout, it follows the structure of 【Concept】【Case Filing Standards】【Criminal Determination 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 the 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 precision.
Practicality. The book is closely tied to the actual work 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 determination, distinguishing between crime and non-crime, differentiating between this crime and that crime, distinguishing between one crime and multiple crimes, assessing the severity of the crime, 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," "crime determination standards," and "sentencing standards" in the book refer to the following meanings:
(1) Case Filing Standards. Broadly speaking, these should include all legal and factual standards required for case filing, serving as 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 Criminal Law, case filing standards can be categorized into amount standards, circumstance standards, action standards, result standards, and danger standards. In practice, case filing standards serve as the starting point for case handling and differ from sentencing standards.
(2) Crime Determination Standards. Also known as the elements of a crime, these include the victimized object, the objective aspects, the subject, and the subjective aspects of the crime. When determining a crime, it is essential to distinguish between crime and non-crime. To assess whether an act constitutes a crime, one must first consider whether it is socially harmful and to what extent. Second, the determination must adhere to both the general principles of the Criminal Law and the specific provisions of the Criminal Law for that particular crime. Third, when determining 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 procuratorates during case filing, arrest approval, conclusion of investigation and transfer to prosecution, the prosecutor's indictment, 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 to meet the requirements of crime determination and sentencing. Therefore, this book lists evidence standards for both crime determination and sentencing, based on the four elements of the crime. Understanding evidence standards requires attention to 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 be based on a solid evidence foundation, with 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 guilt (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 varying 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; (2) evidence related to the criminal act, method, means, process, time, location, etc.; (3) evidence of the suspect's identity; (4) evidence of the suspect's subjective guilt (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 be proven by corresponding evidence, forming a rigorous chain of evidence that is mutually complementary and corroborative, without contradictions, and yielding a unique and exclusive conclusion. Third, evidence must prove that the suspect should be held criminally liable according to 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 by which courts determine the severity of punishment after a crime has been determined. Sentencing standards are divided into statutory and discretionary sentencing circumstances, as well as lenient and severe sentencing circumstances. This book provides a detailed enumeration of sentencing standards according to the categories stipulated by the Criminal Law. We will update this 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 enhancing the law enforcement and case-handling capabilities of public security investigators. It can also serve as a reference for procurators, judges, lawyers, and other legal professionals when handling criminal cases. Due to the urgency of the situation, the authors' level is limited, and omissions are inevitable. We sincerely welcome criticism and corrections from readers.
Book Compilation Team
2005