On The Transfer Of Corruption And Bribery Crime Investigation Evidence

Preliminary evidence in the review and prosecution stage for adoption, the court trial, because both of the evidence for the role of different requirements. The former is to prove the existence of illegal criminal facts in favor of filing, and the latter is to confirm the facts of the crime of criminal law to punish the suspect. Therefore, the belief degree is relatively loose, the latter is relatively strict.The characteristics of the preliminary evidence one of the most distinctive legal status is uncertain, although in the kernel is also a proof of the illegal crime facts, but in legal proceedings can not be used as the basis for the stage of the proceedings. In practice, in order to save judicial resources, avoid the loss of evidence, need to be converted to preliminary evidence. Preliminary evidence also has some risks, such as the use of illegal means to obtain evidence. Preliminary evidence of the conversion is determined by the internal consistency of the object of litigation and investigation object, the consistency of both the facts of the crime, the suspect has the consistency and the consistency of the evidence itself. At this stage for preliminary investigation and defect of preliminary evidence legislation is the legal basis and premise of preliminary evidence conversion. The continuation of preliminary evidence function constitute the necessity of preliminary evidence conversion. Those who violate lawful rights and interests of citizens as a way to prove itself, preliminary evidence is not enough are not convertible. On the contrary, with preliminary evidence of legitimacy, objectivity, relevance is the conversion value. The conversion method is divided into direct conversion, indirect conversion and unexpected situations. Direct conversion is mainly concentrated in the physical evidence, such as material evidence, documentary evidence and expert opinion, the conclusion, audio-visual materials and forensics, forensics, forensics time phase association is small and easy to destroy and destruction of evidence. Indirect conversion is the testimony of witnesses, in view of the seriousness of the law, must be re evidence to confirm that, although in the judicial practice in order to save the judicial resources are usually in the minor crimes of corruption and bribery is not to confirm the evidence, but in the strict legal point of view, this program has confirmed some flaws. In addition, when the witness in the case of death, missing, etc. can not prove that the case, the author believes that the prosecution should be revoked, in order to maintain procedural justice.