The Supreme People's Procuratorate teaches you how to review "defendants' confessions and defenses"

Evidence and Criminal Defense Forum 2022-02-09 17:05

Article Source: Practical Insight Public Account The Public Prosecution Department of the Supreme People's Procuratorate on Forwarding the "Guidelines for the Review of Confessions in the Public Prosecution Link of the People's Procuratorate of Zhejiang Province" Notice of the Supreme People's Procuratorate [2015] No. 20 Public Prosecution Departments and Uninspected Departments of the People's Procuratorates of Provinces, Autonomous Regions and Municipalities Directly Under the Central Government, Criminal Procuratorates of military procuratorates, public prosecution departments of the Xinjiang Production and Construction Corps People's Procuratorates: In order to further standardize judicial behavior, the Zhejiang Provincial People's Procuratorate has conscientiously summarized the practical experience of public prosecution over the years. While deeply advancing the objective evidence review model, the "Guidelines for the Review of Confessions in the Public Prosecution Process" have been studied and formulated, which has strong guiding significance for improving the methods of evidence review, strengthening the objectivity verification of criminal suspects' confessions and defenses, and guiding public prosecutors to comprehensively and accurately review, judge, and use criminal suspects' confessions and defenses. The Guidelines are hereby forwarded to you for reference and reference. The public prosecution departments of people's procuratorates at all levels should, in connection with the ongoing special rectification work to standardize judicial conduct, conscientiously implement the spirit of the Fifth National Procuratorial Organs' Public Prosecution Work Conference, further improve and perfect evidence review methods, give full play to the pretrial filtering function, and ensure that the factual evidence of cases reviewed for prosecution can withstand the test of law. On July 3, 2015, the Public Prosecution Department of the Supreme People's Procuratorate issued guidelines for the review of confessions in the public prosecution process, in order to further standardize judicial conduct, improve evidence review methods, strengthen the objectivity verification of criminal suspects' confessions and defenses (hereinafter collectively referred to as "confessions"), guide public prosecution personnel to comprehensively and accurately review, judge, and use confessions, and on the basis of the Criminal Procedure Law of the People's Republic of China and relevant judicial interpretations and normative documents, combined with the actual situation of case handling, the following opinions are hereby put forward on the review of confessions in the public prosecution process. I. The probative value and characteristics of a confession Is a statement made by a criminal suspect to the judicial organs in the course of criminal proceedings on the relevant circumstances of the case, including confessions of guilt and seriousness and the defense of innocence and lightness. Confessions, as legal evidence, have important evidentiary value, and at the same time have the characteristics of mixing true and false and being repetitive and changeable, so the public prosecution link should pay special attention to the comprehensive, meticulous and objective review of confessions, build scientific methods and paths for confession review, and neither ignore the role of confessions in the finalization, nor can they trust confessions. (1) Comprehensively understand the probative value of confessions, and attach great importance to the examination and application of confessions. The confession is directly related to the facts of the case, and the information contained is the richest, which has important evidentiary value for the facts of the case. First, it is conducive to timely ascertaining the facts of the case. The motive, purpose, conduct, circumstances, or innocence or light defense of the crime described in the confession are helpful in guiding the direction of the investigation and promptly clarifying and confirming the facts of the case. The second is to help collect and verify evidence. True confessions facilitate judicial organs to discover new facts, circumstances, and evidence leads in a timely manner; through cross-examination and analysis of confessions with other evidence, contradictions in evidence can be discovered, guiding the collection and reinforcement of evidence. The third is to help the prosecutor comprehensively review the facts of the case. The defense of criminal suspects can enable prosecutors to "listen to both and be clear" and avoid the one-sided nature of review activities. Fourth, it is helpful to distinguish between the subjective malignancy and remorseful attitude of criminal suspects. A criminal suspect's confession can reflect his or her remorseful behavior, such as denying guilt, whether he has confessed or not, and whether he has meritorious circumstances, and is an important basis for measuring his or her social danger. (2) Correctly understand the complexity of the confession and ensure the validity of the review results. In practice, it is not uncommon for confessions to be difficult to distinguish between true and false, and wrongful cases that lead to wrongful convictions also occur occasionally, indicating that confession examination is very complicated. Confession review activities should not only judge the authenticity of the criminal suspect's confession, but also review the legality of the investigation and evidence collection activities, but also examine the scientific nature of the interview and acceptance activities, and only multi-dimensional review and judgment can ensure the validity of the results of the confession review. First, it is necessary to examine the authenticity of the content of the confession from the perspective of the psychological dimension of the criminal suspect's confession. In practice, there are not only those who shirk their responsibilities because of the psychology of seeking advantage and avoiding harm, but also those who make false confessions due to reasons such as misunderstanding, cognitive impairment, substitution of guilt, and deformed psychology, which must be carefully examined and judged. Second, it is necessary to examine the legality of the acquisition of confessions from the dimension of the investigation and evidence collection process. The legality of the acquisition of confessions is not only a requirement of procedural justice, but also a system guarantee for the authenticity of confessions, and the defense of criminal suspects against illegal evidence collection shall be carefully heard and verified, and illegal evidence shall be excluded in accordance with law. Third, from the perspective of mutual corroboration of evidence, examine whether there is a contradiction between the confession and other evidence, and whether the contradiction can be excluded or reasonably explained. Fourth, from the dimension of the completeness of the review and judgment activities, it is necessary to examine whether the confession review process complies with the requirements of the relevant litigation rules, and whether the judgment process conforms to logic and rules of thumb, so as to ensure the reliability of the argumentation conclusions. (3) Adhere to the objective evidence review model, and establish a scientific concept of confession review. The Criminal Procedure Law regulates the acquisition and acceptance of confessions, and clarifies the basic requirements of "emphasizing evidence and not trusting confessions". The implementation of the objective evidence review model in our province is not to ignore and reject confessions, but to emphasize the full excavation and use of objective evidence and use this to verify the confession and other conclusive evidence, so as to enhance the effectiveness of evidence review. It is necessary to establish the concept of "reviewing confessions according to law and objectively verifying them", and use methods and paths for verification of objective evidence to review and judge confessions. In practice, it is necessary to prevent the tendency of "confession first" and to prevent the cognitive bias of ignoring confessions and only objective evidence theory. II. Basic Principles and Methods of Confession Review Under the objective evidence review model, adhere to the basic concept of "lawful review and objective verification" of confession review, and should follow the following principles and methods: (1) The basic principle of confession review - the principle of priority in legality review. Priority should be given to reviewing the legality of interrogation procedures and record forms, that is, the subject, time, place, means, forms of expression, etc. of interrogation shall comply with statutory litigation procedures and requirements. --The principle of objectivity evidence verification. Fully excavate and use the case circumstances or evidence clues contained in the confession, actively collect and fix relevant objective evidence, and use objective evidence to verify the authenticity of the confession. - The principle of comprehensive systematic review. Comprehensively review materials such as confessions in the case, self-written materials, and simultaneous audio and video recordings, and objectively and fairly examine confessions of guilt and innocence and pleas of innocence and guilt. -- The principle of mutual reinforcement and confirmation. Pay attention to the mutual corroboration between confessions and other evidence, promptly discover and strengthen weak links in the evidence system, and ensure that contradictions between confessions and other evidence can be excluded or reasonably explained. (2) The general method of oral confession review - combining the examination of the case file with the hearing of opinions. Earnestly review the transcript of the confession in the case, comprehensively and accurately grasp the content of the confession, and hear the criminal suspect's confession and defense in person; proactively hear the opinions of defenders, victims, and their agents ad litem, and promptly review and verify the opinions, evidence, or leads they provide. - A combination of individual reviews and comparative analyses. It is necessary to examine the legality, comprehensiveness of the content, and rationality of the confession of a single confession record, and on this basis, a comparative analysis of whether the confessions coincide, whether the confessions and other evidence corroborate each other, and the sequential and derivation relationships between the confessions and other evidence collection and fixation. -- Combining comprehensive review with key review. It is necessary to conduct a comprehensive review and comprehensive analysis of the relationship between the confession and other evidence and case facts, focusing on the confession at the beginning of the investigation, the inconsistent confession, the objective evidentiary information contained in the confession, and the confession of the key facts and details of the case. - Logical analysis combined with rules of thumb. It is necessary to use the rules of thumb and natural science principles that are well known in daily life to investigate whether the content of the confession is inherently logical and conforms to the general social rules of thumb, and comprehensively analyze whether there are other possibilities and contradictions from the time, place, motive, purpose, means, consequences and other environmental factors of the crime. III. The key cases and key contents of the confession review should be based on the nature of the case, the characteristics of the evidence, and so forth, to carry out the diversion of complexity and simplicity, highlight the key points, and clarify the key cases and key contents of the confession review. (1) Key cases of confession review. According to the type of case and the characteristics of the evidence, the following cases are subject to key review: (1) cases in which life imprisonment or death may be sentenced; (2) cases in which dangerous substances, bribery, rape, drugs, and other cases with strong concealment and relatively little objective evidence; (3) cases that are prone to "top bag" mistakes, such as traffic accidents, dangerous driving, and intentional injury involving the masses; (4) cases in which confessions are unstable, repeated or cases in which innocence and light defense are filed; (5) other cases with high majority, sensitivity, or high social concern. (2) The key content of the confession review. The preliminary focus should be on the completeness of the transfer of confession materials, the legality of the acquisition of confessions, and the authenticity of the contents of the confessions, so as to lay a solid foundation for the specific review of subsequent confessions. 1． Review of the completeness of the transfer of confession materials. It should be examined whether confession materials (including transcripts, self-written documents, and simultaneous audio or video recordings) are already in the file, and where they should be included in the case but are not included in the file, the reasons shall be ascertained, focusing on finding out whether there is a confession of innocence or a minor crime, or whether there are cases where a record is not made because the criminal suspect denies committing the crime or retracts the confession. The path and method of review: (1) whether the interrogation record corresponds to the record in the file; (2) whether the time when the criminal suspect was summoned or criminally detained is reasonable with the time of the first record and the time when the confession was first made; (3) whether the description of the circumstances of the case and the time and place of the first interrogation corroborated each other; (4) interrogating the criminal suspect, verifying the circumstances of the arrest, accepting the interrogation, and the circumstances of the first confession. 2． Review of the legality of the acquisition of confessions. It should be examined whether the methods of obtaining confessions in the case and the fixed forms comply with the provisions of law, focusing on ascertaining whether there are illegal evidence collections such as extorting confessions by torture, excluding illegal evidence in accordance with law, and promptly correcting flaws in confessions. Review path and method: (1) Review the formal requirements of the confession record, mainly to find out whether the element items are complete. This includes whether the time and place of the interrogation are indicated; whether the criminal suspect is informed of his procedural rights and legal provisions during the first interrogation; whether the supplements and corrections are confirmed by the criminal suspect's seal; and whether the confession record is handed over to the criminal suspect for verification and signature or affix. (2) The review of the production process of the confession record mainly includes whether the time and place of interrogation are legal; whether the subject of the interrogation, the personnel present during the interrogation, and the auxiliary personnel are qualified; and whether the interrogation activities and process are legal. (3) Verification through other methods, mainly including reviewing the simultaneous audio and video recording of interrogations, ascertaining whether the confession process is natural and smooth, whether the time for making the transcript and checking whether the time for the transcript is reasonable, etc.; interrogating criminal suspects, understanding the confession formation process, etc. 3． Review of the authenticity of the content of the confession. The content of the confession should be reviewed to determine whether it conforms to the objective facts of the case, focusing on ascertaining whether the criminal suspect voluntarily made a confession of guilt, and assessing whether the content of the confession is logical and reasonable. Review path and method: (1) the stability review of the confession, that is, whether the confession is stable and consistent, whether the confession is stable and reasonable, and whether there is a verifiable evidence clue; (2) the rationality of the confession, that is, whether the content of the confession is logical and reasonable. It is necessary to pay attention to ascertaining whether there is a contradiction between the content of the confession and the individual factors, criminal motives, and means proved by other evidence in the case; (3) the temporal review of the confession, that is, the order in which the criminal suspect's confession and the investigation organ's evidence collection, and whether the objective evidence such as physical evidence, documentary evidence, and electronic data with strong concealment has been extracted based on the criminal suspect's confession and identification; (4) the corroborative review of the confession, that is, the degree of corroboration between the confession and other evidence. It is necessary to find out whether other evidence or evidence clues involved in the confession were collected in the case, and whether contradictions between the confession and other evidence were excluded; (5) through the interrogation of the criminal suspect, check the simultaneous audio and video recording of the interrogation, and verify whether the confession process in which the details of the case are known is natural and smooth, and whether the content is consistent with the content of the transcript. IV. Review of confessions Is a statement that the criminal suspect has committed a criminal act against himself. When reviewing, it should be conducted around the context of the occurrence and development of cases such as the motive for the crime, the preparation for the crime, the course of conduct, the harmful consequences, the sale and concealment of stolen goods, the evasion of investigation, and the arrest of the case, and at the same time, attention should also be paid to the discovery and use of derivative evidence, regenerated evidence, concealed evidence, and internal knowledge evidence that were mentioned in the confession and formed in the course of the crime, but were not collected or effectively used during the investigation, so as to verify the existence of certain case factual circumstances. (1) Review of the motives for the crime in the confession. It mainly includes: (1) whether the motive of the crime is logical or common sense; (2) whether the spatio-temporal conditions and external factors of the motive for the crime are corroborated by other evidence; (3) whether the process of committing the crime or the behavior after the crime can support the motive of the crime; (4) if the confession of the motive of the crime is inconsistent, what kind of confession or defense is corroborated by other evidence. (2) Review of the preparatory conduct for the crime in the confession. Mainly including: (1) if there is a criminal premeditation, whether the time, place, content, etc. of the premeditation have been confirmed by other evidence; (2) whether the tools for committing the crime have confessed the source and characteristics of the tools of the crime, whether the tools of the crime are seized in the case, and whether there is a reasonable explanation for those who have not been seized; (3) whether the route of the crime, the scene of the crime are stepped on in advance, whether the route of the confession, the scene and its associated areas are marked, whether the video surveillance data in the relevant areas is collected in the case, the means of transportation of the criminal suspect, Whether the trajectory of communication equipment and other such operations is in line with the facts of the case; (4) where the criminal object has been selected or identified in advance, the time, place, method, etc. of identification; (5) where the means of committing the crime are studied or practiced, the way and content of the study, the time, place, object, and effect of the drill, and so forth. (3) Review of the conduct committed in the confession. Mainly including: (1) whether the time of the crime and other evidence in the case corroborate each other; (2) whether the location and geographical characteristics of the crime are consistent with the on-site investigation and inspection records; (3) whether the crime process is corroborated by objective evidence such as traces, physical evidence and changes in on-site items; (4) whether the crime method has the uniqueness of individuals (individual cases); (5) whether it is confirmed by other traces, physical evidence, electronic data and other objective evidence with the help of others, other objects (special crime tools), etc., Whether it can be verified by investigative experiments; (6) whether the number, characteristics, and other evidence in the case can be corroborated, and whether the methods of committing the crime, inquest inspections, and appraisal opinions can be confirmed; (7) whether the consequences of the crime are corroborated by other evidence, especially the verification of objective evidence; (8) where the crime process involves multiple people, multiple crime tools, and multiple harmful consequences, whether it is possible to ascertain the specific behavior of each criminal suspect, the characteristics and use of each crime tool, and the causes and specific perpetrators of each harmful consequence ;(9) Whether the course of the crime can be directly or indirectly corroborated by other evidence such as victim statements, video surveillance, or relevant witness testimony. (4) Review of post-crime conduct in the confession. Mainly including: (1) whether there is any alarm, rescue, stay at the scene of the crime, waiting for the police to arrest and other acts to cooperate with the investigation, as well as whether there are acts of evading investigation such as hiding, destroying, fabricating evidence and colluding confessions; (2) whether the details of the confession after the crime, such as the route, method, place of passage, destination, contact personnel, return to the scene and inquire about the investigation of the case, and state the facts of the case to relatives and friends, have been corroborated by other evidence. (5) Review of the circumstances of the case in the confession. Mainly including: (1) whether the confession of the arrest process is consistent with the "Investigation Process", "The Case Investigation Process", the report record or audio and video recording and other materials in the case, and whether there is other evidence to support it; (2) whether the time and method of automatic surrender are confirmed by the whereabouts before the surrender, communication records and other materials, whether the surrender situation and the main facts of the crime are recorded in the first interrogation, to prevent substitution for the crime, minors, and restrictions on the criminal responsible person to bear the main criminal responsibility; (3) those who have been arrested and arrested, Whether there are corresponding records to confirm the time and place of the first interrogation; whether it affects the determination of statutory circumstances such as voluntary surrender and meritorious service. V. Review of Defenses Defense refers to the defense of a criminal suspect's guilt or innocence, and a retracted confession is a special form of defense. It is necessary to comprehensively and objectively collect the confessions and defenses of criminal suspects, and dynamically reflect the process of change in confessions. It is necessary to examine the timing of the retraction and the substance of the defense, accurately determine the crime, and avoid wrongfully accusing the innocent. Practice has proved that serious and meticulous examination and defense is an important way to discover doubts in cases and even correct wrong cases, but due to the influence of the psychology of seeking advantages and avoiding harm or external pressure, the defenses of criminal suspects are often mixed with truth and falsehood, and must be treated with caution and reviewed and judged from both rationality and corroboration. (1) The review of the reasonableness of the defense shall be carefully examined in conjunction with the evidence in the case whether the content of the defense is in line with the facts and common sense of the case. First, it is necessary to examine whether the content of the defense is consistent with the facts of the case, and if there is a contradiction between the content of the defense and the existing evidence, especially the objective evidence, and cannot be reasonably explained, the defense is not in line with the facts of the case; second, it is necessary to examine whether the content of the defense is consistent with common sense, and if the content of the defense is obviously inconsistent with common sense, there are multiple justifications, or even contradictory defenses, the defense is not reasonable. Review methods and paths: (1) review the time, place, and change process of the formation of the defense, focusing on ascertaining the circumstances of the first defense after the arrest and the first defense after the confession of guilt; (2) hearing the defense in person, examining whether the investigation organ has collected the relevant defense in its entirety and objectively on the file; (3) reviewing whether the evidence and clues provided have been verified; (4) analyzing whether the defense that is difficult to verify is reasonable, logical, and rule of thumb. (2) The corroborative review of the defense shall be combined with the specific content of the defense, examining whether there is a contradiction between it and the evidence in the case, especially the objective evidence, and whether it can corroborate each other, and make a more accurate determination of the authenticity of the defense. Review Methods and Paths: 1. The suspect's defense did not have a review of the time to commit the crime. (1) Review whether the evidence to determine the time of occurrence of the case is indeed sufficient. For example, technical evidence such as autopsy reports, communication records, video surveillance, etc. can objectively reveal the time of the crime, whether there are witnesses or other evidence to corroborate it; (2) review the reasons for the criminal suspect's absence of time for committing the crime, whether the clues have been verified, and whether they have been corroborated by other evidence; (3) review the corresponding evidence such as the electronic equipment carried by the criminal suspect, the running trajectory of the means of transportation he is riding, the relevant video surveillance, the IP address used by the network communication software, and the accommodation registration, and whether it can support his defense ;(4) Examine whether the witness who proves that there is no time to commit the crime has an interest in the criminal suspect, whether the witness's way of knowing the content of the testimony, the time of providing the testimony, and other bases for supporting the testimony are reasonable and true. 2． The criminal suspect defends that the criminal act has not been carried out. (1) Review whether the evidence in the case can directly link the criminal suspect with the criminal act, and whether the physical evidence and traces associated with the criminal suspect can be excluded from being left behind by the crime; (2) review the relevant reasons and clues for the defense; (3) review whether the confessions of each criminal suspect in the joint crime corroborate each other. 3． A third party outside the criminal suspect's defense case participates in the review of the crime. (1) Review whether the criminal suspect can provide specific clues such as the identity information, communication information, and contact information of the third party, and find out the degree of closeness, interaction, and conspiracy with the third party; (2) review whether the traces and biological evidence left at the scene can exclude the third party from participating in the crime; (3) review whether the video surveillance at the scene and its surroundings can exclude the third party from participating in the crime; (4) review whether the operation trajectory of the electronic equipment carried by the criminal suspect at the time of the crime is the same as that of the third party ;(5) Examine whether there is a possibility of a substitute crime. 4． The suspect's defense was subject to interrogation to extract a confession by torture. (1) Review the time and place of the criminal suspect's arrest and the formation of the confession; (2) review the simultaneous audio and video recording of the interrogation to confirm whether there are any illegal interrogation activities; (3) review the detention center's physical examination records, medical treatment at medical institutions, injury examination reports, etc.; (4) review whether there are reasons and clues that can be verified, and conduct verification; (5) investigate and verify whether there are circumstances such as extorting confessions by torture to the same cell personnel and the criminal enforcement procuratorial department. VI. The detailed information in the mining confession refers to the detailed evidence information or evidence clues in the criminal suspect's confession that reflects the characteristics of the case, such as motives, causes, tools, and means, and it is often impossible to prove the facts of the case alone and forcefully, but relevant evidence can be collected through the detailed information, forming mutual corroboration and proving the facts of the case. Therefore, in the course of review, it is necessary to pay attention to combing and excavating the detailed information in the confession to verify the link points of the facts of the case, and strengthen and excavate the evidence that corroborates the confession through on-site re-investigation, document review, re-appraisal, investigation experiment, electronic data inspection, etc., and strengthen and improve the evidence system for the final case. (1) Mining detailed information involving the motive and cause of the crime. The main methods and paths: (1) where there are economic, labor-management, neighborhood and other disputes, evidence materials proving the relevant disputes and handling processes may be collected to ascertain the causes of the disputes and the process of intensifying the contradictions, faults, etc.; (2) where there are special interpersonal and social relations such as marriage and family, extramarital affairs, etc., mobile phone information, chat records, and video surveillance records of relevant places can be retrieved to find out the contact and contact between the two parties and prove the factual circumstances associated with the case; (3) where there are situations such as property disposal and capital exchanges, etc. Documentary evidence, bank account details, insider testimony, etc. of the sale and disposal of items may be obtained; (4) where the criminal suspect's previous criminal record is similar to that of the case, the previous criminal record materials, insider testimony, and so forth may be retrieved; (5) where the criminal suspect records the relevant circumstances of the case before and after committing the crime, the criminal suspect's diaries, accounting books, and note books may be retrieved. (2) Mining of detailed information involving crime tools. The main methods and paths: (1) the crime tool is purchased, borrowed or held before the crime, can be retrieved to buy vouchers or sellers, lenders and other witness testimony, there are conditions, necessary to organize identification; (2) the shape of the crime tool, mutilated features, decorations and other different from similar tools, you can view the physical characteristics of the tool or retrieve the witness testimony that knows the characteristics of the tool; (3) the crime (contact) tool has electronic data storage functions, especially the equipment where only the criminal suspect knows the account name and password, Data information can be exported or restored to check the authenticity of account names and passwords; (4) where mobile phones and other communication tools and network communication software are used during the crime, documentary evidence such as relevant communication records can be retrieved, computer data, mobile phone software records, and other electronic evidence can be retrieved; (5) where mobile phones, vehicles, etc. are used to form a running trajectory during the crime, as well as where there are activities such as shopping, dining, and accommodation, mobile phone base station information, road traffic checkpoint information, vehicle and ship use vouchers, payment vouchers, shopping records, etc. (6) Where the tools of committing crimes are abandoned, concealed or destroyed, the video recordings, photographs and other investigation materials or relevant witness testimony of relevant witnesses may be retrieved. (3) Mining of detailed information involving the means of committing a crime. The main methods and paths: (1) stepping on points, entering and leaving the scene, especially those leaving damage and climbing traces on doors, locks, windows, and walls, shall be comprehensively examined for inspection and inspection materials or re-investigation of the scene, and traces such as fingerprints, footprints, DNA, tools, and video surveillance may be retrieved; (2) those who have the physical, intellectual, and technical conditions and experience of implementing special modus operandi, using unconventional modus operandi, and contacting specific items involved in the case may be retrieved, and documentary evidence reflecting the criminal suspect's life history and professional skills, and testimony of insiders may be retrieved. When necessary, investigation experiments may be conducted; (3) where corpses or stolen goods are transported, buried, or discarded, especially where means of transport, placement, location, and other special forms or specific appendages are used, excavation, salvage video recordings, extraction records, and related photographs may be retrieved for comparison; (4) where crime scenes are forged, cleaned up, or destroyed, relevant inquest inspection materials or re-investigation sites, traces of physical evidence may be extracted for verification. (4) Mining of detailed information involving items involved in the case. The main methods and paths: (1) Where items closely related to the criminal suspect are left at the scene, where the criminal suspect causes changes in the items or traces at the scene or the loss of the victim's personal belongings, it shall be handed over to the criminal suspect or witness for identification, and the inquest inspection materials or re-investigation of the scene may be examined to examine the physical evidence in the file or the physical evidence that has not been tested; (2) where the criminal suspect holds or disposes of the items closely related to the victim, the item shall be seized and handed over to the victim and relevant insiders for identification, etc., And further collect relevant evidence proving that the victim held before the crime; (3) where the victim or criminal suspect's body or clothing is stained with the items involved in the case, traces left over from the criminal site, or trace physical evidence, the physical evidence in the file may be examined, and the untested trace physical evidence may be appraised; (4) Where the characteristics of the stolen money and stolen goods are obvious and the whereabouts are clear, the physical objects of the stolen money and stolen goods, the testimony of the relevant holders, the videos of the stolen money and stolen goods, and the photos may be examined or extracted. (5) Mining of detailed information involving the causes of the victim's death or injury. The main methods and paths: (1) Where a criminal suspect commits acts such as covering, strangling, beating, pressing, hugging, bumping, slashing, or stabbing, and there are corresponding traces on the victim's body or clothing, it shall be verified through personal and clothing inspections, autopsy examinations, and photo comparisons; (2) Where on-site items cause accidental injuries such as collisions, squeezing, or stabbing to criminal suspects or victims, they may be reviewed or supplemented for investigation, and the corresponding trace characteristics identified through personal inspection and autopsy shall be compared and confirmed ;(3) Where a criminal suspect causes injuries to the victim before or after death, it may be verified through methods such as autopsy, photo comparison, and retrieval of video surveillance. (6) Mining of detailed information involving biological evidence and trace evidence. The main methods and paths: (1) if there is contact with the victim's intimate parts or the act of oppressing the victim's body parts such as the mouth and nose, the relevant parts should be examined whether the body fluids, dander, hair, etc. of both parties are left behind, and confirmed by DNA identification; (2) if the victim has the circumstances of scratching and biting, it will generally leave biological evidence of both sides or leave traces on the body surface such as the victim's nails and victim's teeth, and the relevant parts can be physically examined, examined by the corpse, and DNA identification; (3) Where tools are used during the crime process, Whether the corresponding scene traces are left, such as whether there is a blood trail splashing or spilling state, whether there is a blood trail left in the gap of the tool, etc., can be verified by reviewing and re-investigating the morphology and distribution of the blood stain at the scene, and combined with DNA identification and other appraisal opinions; (4) If the criminal suspect or victim is injured by a specific item at the scene, it should be confirmed by examining whether there is trace organism or trace physical evidence left on the relevant article, and whether there is corresponding damage during the autopsy or personal examination; (5) there is a decomposition of the body, It should be confirmed by reviewing the use of tools and the blood left in the hidden place of the scene of the dismemberment, and when necessary, the scene can be re-investigated, the knife can be re-examined, the blood stains of the items and hidden parts of the scene can be found, and DNA identification is carried out; (6) if the crime tool is broken off in the process of committing the crime, whether the separated matter is the same whole can be determined through the identification of the tool material and the fracture, and combined with other evidence (such as the biological information of the criminal suspect on the broken end of the tool), etc.) to establish the relevance of the case. (7) Mining of detailed information involving victims' private information. Main methods and paths: (1) The victim's physical characteristics, scar marks, past medical history, physiological cycle, health status and other physical characteristics, the victim's clothing and makeup, diet, living habits, wrapped items and other living habits, the victim's hobbies, language characteristics, knowledge level, social identity and other individual characteristics, may be retrieved from the insider's testimony, medical examination and medical record records, professional education and skills certificates, past letters, chat records, life photos and other evidence to corroborate ;(2) Victim activities that are not directly related to the facts of the case but can support certain circumstances, such as the victim's shopping, rest, and other activities related to the occurrence of the case, can be corroborated by reviewing or retrieving documentary evidence such as corresponding consumption bills, excrement from hidden places, and traces of sleeping at the scene; (3) Special information in the victim's lost property, such as money and property sewn into the victim's clothes or hidden in a hidden place, shall be verified by reviewing the inquest inspection materials, and when necessary, the scene may be re-examined. Re-examine the physical evidence extracted in the case and obtained the testimony of witnesses who knew the hidden property to corroborate it. (8) Mining of detailed information involving the temporal and spatial environment of the crime. The main methods and paths: (1) the meteorological at the scene of the crime, the hydrological phenomenon when throwing corpses to rivers and lakes, you can retrieve meteorological and hydrological data and other documentary evidence to confirm it; (2) when the tv or radio is playing the program, you can retrieve the TV (radio) program broadcast execution list and other documentary evidence to confirm it; (3) the sound and light changes at the scene, the layout of the items, you can retrieve the witness testimony that knows the sound source and light source changes, the photos of the place involved in the case or the documentary evidence of the record; (4) specific people, events, and records around the scene to confirm it; (4) specific people, events, and records around the scene. (5) Where a large amount of recordable resources such as water and electricity are used when committing a crime, documentary evidence such as water and electricity usage records may be retrieved to corroborate them; (6) where there is a special relationship between occupation, identity, and living rules and the space and environment at the scene, documentary evidence reflecting the criminal suspect's life history and work duties, and testimony of insiders may be retrieved to corroborate it. (9) Mining of detailed information involving the psychological state at the time of the crime. The main methods and paths: (1) Confession of psychological activities and feelings during the crime, such as the confession of the criminal suspect due to psychological tension, entanglement and smoking, eating, urinating and defecating to alleviate emotions, can be confirmed by the inspection of physical evidence and traces such as cigarette butts, residual food, excrement left at the scene; (2) there is an explanation for the abnormal behavior and psychological conditions carried out at the time of the crime, such as the placement of superstitious things, fearful behaviors or phenomena, etc., which can be confirmed by the on-site investigation photos and the testimony of relevant insiders. VII. In judicial practice on the review of other evidentiary materials related to confessions, evidentiary materials involving criminal suspects' confessions and defenses, in addition to interrogation records and self-written materials, also include interrogation synchronous audio and video recordings, identification (designation) records, and simultaneous audio and video recordings of interrogations, and records of criminal suspects entering and leaving detention centers, and other such materials, which are often helpful in reviewing and judging the legality and authenticity of confessions, and are conducive to establishing inner conviction. In the specific review of confessions, it is necessary to make full use of the above-mentioned evidence materials in the case and pay attention to the comprehensive review and application of various evidentiary materials, and should also highlight the key points of the review of different evidentiary materials. (1) Review of simultaneous audio or video recordings of interrogations. The focus is on the legitimacy of the interrogation process and the consistency of transcripts and the content of the simultaneous audio and video recordings. The main review is as follows: (1) whether the number of interrogation audio or video recordings transferred with the case, the production time, and the transfer list, whether the "Explanation of Extraction" or "Recording Explanation" ;(2) Whether all the synchronous audio and video recordings that should be transferred are transferred, especially whether the audio or video recordings of the first guilty confession are transferred; (3) whether the content of the confession, the time and place of the interrogation audio and video are consistent with the interrogation transcripts; (4) whether the audio and video recordings of the same interrogation are complete and consistent, and whether the content is true and natural ;(5) Whether there are other factors that affect the legality of the interrogation and the authenticity of the criminal suspect's confession. Where objective evidence such as highly concealed physical evidence, documentary evidence, and electronic data is extracted on the basis of a criminal suspect's confession or identification, the audio or video recordings of the confession and extraction process shall be subject to a key review. (2) Review of identification records. The focus is on whether the description of the characteristics of the identified object by the criminal suspect is consistent with the situation of the identified object, mainly examining the following contents: (1) whether the identified host, witness, identification method, etc. complies with laws and relevant provisions; (2) whether the identification person's memory characteristics of the identified object have been recorded in the record before identification, and whether the feature description is specific, recognizable, and in line with the memory characteristics; (3) whether there is a possibility of suggesting to or identifying the object to the identifier during the identification process; (4) where the identification scene is identified, (5) Where the criminal suspect identifies and extracts objective evidence such as stolen money, stolen goods, and crime tools, attention should be paid to reviewing the timing relationship between the identification time in the identification record and the on-site investigation, inspection record, and extraction record record. Where there are simultaneous audio or video recordings of a criminal suspect's identification process and there are any of the following circumstances, the investigating organs shall be requested to transfer it for review: (1) where the identification result is key evidence for the verdict or where the criminal suspect is directly locked through identification; (2) where there is a difficult and complicated case in which evidence of guilt and innocence coexist; (3) where there is an obvious hint or suspicion of identification; (4) where there are other major doubts about the identity of the witness or the identification results; and (5) where the objective evidence with strong concealment is extracted based on the criminal suspect's identification. VIII. Comprehensive Review of Confessions and Application of (1) Examination of Contradictions in Confessions. Contradiction in confession refers to the fact that the content or direction of the confession and other evidence in the case are inconsistent, or even show opposites. It is necessary to rationally understand, treat with prudence, and correctly handle the contradictions in evidence that arise in the practice of review. 1． It is necessary to rationally understand and prudently deal with contradictions in confession. First of all, we must rationally and objectively understand the contradictions in the confession. The objects of criminal procedure proof are mainly the facts of the constituent elements of the crime and the sentencing circumstances, and the legal facts are determined on the basis of the evidence in the case and through strict legal procedures, and are the reshaping of objective facts. Based on the influence of various factors such as cognition and memory, there is a contradiction between the confession and other evidence, which to some extent is also in line with the characteristics of judicial law. Second, when there is a contradiction in the testimony, it should be treated strictly and cautiously. The emergence of contradictions in the testimony proves that there are inconsistencies and doubts between the evidence in the case, especially between the confession and other evidence, so it is necessary to conduct prudent analysis and argumentation by means such as reorganizing the evidence system, re-supplementing or verifying the evidence, etc., to ensure that the evidence proving the object of criminal proceedings is true and sufficient, and can eliminate reasonable doubts and prevent the occurrence of unjust, false and wrongly decided cases. 2． It is necessary to correctly handle the contradiction in the confession. First of all, it is necessary to highlight the key points and grasp the basic principles for handling contradictions in confession: highlight the adequacy of the facts that prove the object of proof of criminal proceedings, that is, the constituent elements of the crime, and the actual evidence of sentencing, and do not dwell on the details that have nothing to do with conviction and sentencing. It is necessary to accurately distinguish between details and details: detailed facts are the constituent elements of the facts to be proved, and when the detailed facts are sufficient to affect whether the facts of the conviction and sentencing elements are established, the details belong to the constituent nodes that must be ascertained to prove the facts of the case; where the detailed facts do not affect the actual determination of the conviction and sentencing, the detailed facts can be regarded as trivial. Second, grasp the general review methods and paths to eliminate contradictions or reasonable doubts: (1) analyze the manifestations of contradictions in the confession and verify the evidence that produces contradictions; (2) analyze the causes of contradictions and find out whether the contradictions can be reasonably explained; (3) personally review relevant evidence, re-entrust inspection and appraisal or consult personnel with specialized knowledge; (4) further excavate new evidence or evidence clues through interrogation of criminal suspects. (2) Comprehensive use of confessions. It is necessary to combine the facts of the case, on the basis of the context of the criminal process, on the basis of confirming legality and authenticity, analyze and demonstrate from the extent of the degree of correlation between the evidence such as confessions and the facts to be proved, and the mutual corroboration between each piece of evidence, and reconstruct the crime scene and crime scene on the basis of the rules of thumb, logic, natural science and other analytical methods, and on this basis, comprehensively analyze the evidence in the whole case to eliminate reasonable doubts. Don't take a confession lightly. It is necessary to pay attention to whether the confession and other evidence can corroborate each other on the key facts and key links of the case, especially whether it can be corroborated by objective evidence. It is necessary to pay attention to excavating the detailed information contained in the confession, and to verify the authenticity of the confession through the reinforcement of the confession and the comprehensive use of objective evidence. The confirmation of confession and other evidence is not a simple confirmation, but a multi-point confirmation of facts reflected in the two different angles of the facts reflected in the confession and the overall facts revealed by objective evidence, etc., under the premise of overlapping on the surface, and only the details are reliable. Generally speaking, confessions with the following circumstances are strongly authentic: (1) based on the confession obtained a highly concealed physical evidence, documentary evidence and other objective evidence, the crime scene, the victim and the criminal suspect can establish a close relationship; (2) the confession involves the motive for committing the crime, the means of committing the crime, the environment at the scene, the on-site handling and other objective facts are unique and secret, have a close connection with the case, and are not known to the parties; (3) although the details involved in the confession are not directly related to the criminal act, However, the existence of this detail makes the criminal suspect's confession natural and reasonable