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

Author: None
Publisher:
Publish Date: 2005-05-01
Features: As an important force in criminal justice, public security organs play a crucial role in achieving the fundamental policy of governing the country according to law and building a socialist rule-of-law state. Justice and enforcement are key links in realizing 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 basic guarantee for achieving these goals. To fulfill their criminal justice functions smoothly, 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 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 read and reference quickly. In terms of organization, it follows the structure of [Concept], [Case Filing Standards], [Criminal Liability Standards], [Evidence Reference Standards], [Sentencing Standards], and [Legal Application], providing comprehensive explanations for 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 detailed discussions 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 precise, the structure is rigorous, and the book guarantees authority and accuracy.
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, criminal liability determination, distinguishing between crime and non-crime, differentiating between crimes, distinguishing between single 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, these 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 criminal objective aspects, such as amounts, circumstances, and actions. The case filing standards in this book refer to the narrow definition. According to criminal law provisions, 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) Criminal Liability Standards: Also known as the elements of criminal liability, these include the victimized object, objective aspects, subjective aspects, and criminal actors. Determining criminal liability requires distinguishing between crime and non-crime. When assessing whether an act constitutes a crime, one must first consider whether it is socially harmful and to what extent. Second, the determination must be based on both general principles of criminal law and specific provisions of the criminal code for the relevant crime. Third, when identifying the crime, it is essential to distinguish between different crimes and between single 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 investigations, transfer to prosecution review, prosecution by the procuratorate, and the court's determination of criminal liability and the specific crime, as well as the severity of the crime. In investigative practice, evidence collection must be conducted in accordance with the law to meet sentencing requirements. This book lists evidence standards for both criminal liability and sentencing based on the four elements of criminal liability. 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, evidence collection must be sufficient and reliable. Sufficient and reliable 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 criminal facts;
(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 about their persuasive power. Different cases have different requirements for sufficiency, and different types and quantities of evidence can produce varying levels of persuasion. As long as it meets the necessary standard, it is sufficient. 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 case facts and circumstances must be proven by corresponding evidence, forming a tight 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 evidence collection, it must be demonstrated that the suspect's actions constitute a crime as defined in the criminal code and that they should be sentenced.
(4) Sentencing Standards: These refer to the standards used by courts to determine the severity of punishment after criminal liability has been established. Sentencing standards include statutory and discretionary circumstances, as well as lenient and severe sentencing circumstances. This book provides detailed listings of sentencing standards according to the categories specified in 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 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 of expertise is limited, and omissions are inevitable. We sincerely welcome criticism and corrections from readers.
Book Compilation Team
2005