One's words evidence is to show the accused person is offerred narrate, allegation of the injured party and witness testimony form of these 3 kinds of evidence. Its share a trait is, the memory that carries party, nuncupative will return original case nitty-gritty, and on record, thereby the evidence below fixed, reservation. Its carrier is interrogatory normally note and the inquiry notes. Public security mechanism makes the process that note, namely the fixed, process that withholds testimony. Note according to what legal order place makes have legal effectiveness.
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Because mutability of one's words evidence is strong, subjective color is rich, often be inferior to objective proof more intuitionistic. Some one's words evidence, the generation in because party is in,recalling a course possibly is forgotten, thereby lack fidelity; Some likelihoods differ as a result of perceptive angle, produced wrong understanding to nitty-gritty thereby; And some criterion may be to lying completely. Accordingly, to the checkup of authenticity of one's words evidence, also make the main task in handling a case.
In judicatory practice, use commonly " confirm " this one regulation will judge case fact. For instance two the injured party by a flock of people blackmail, 2 people are stated in detail to all was being undertaken from him angle by the fact of blackmail, and allegation can mutual confirm, right now namely enough maintains presence this be related is solid.
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Of course, be being stated by 2 people only is cannot of enough decide on a verdict, because return the issue that involves evidential chain, the blackmail that for instance what person carries out, be in what motive, took what action, whether to prevail etc, need to make a thorough investigation of. 2 people are stated can mutual confirm, just confirmed existence by blackmail this be related is solid.
Go up in the exemple, if among them one person allegation sees a youth holds opposite party a steel tube, but another person did not state this content, criterion the fact about steel tube of hold of the other side, fail mutual confirm. If also do not have other evidence to confirm, as a result of Gu card cannot decide on a verdict, also cannot hold this one clue.
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Besides one's words evidence mutual " confirm " this one regulation, to evidence of individual one's words, judicatory personnel also often must undertake checkup. Right now checkup, basically be to judge its authentic sex degree, this is a problem that reduces an amount freely, the experience of individual of personnel of hang on judicatory, experience.
For instance, witness testimony violates common sense apparently, so even if has other evidence confirm, also cannot maintain fact of its place card to hold water easily. Be like again, evidence of two one's words although can mutual confirm, but its state means, diction to wait a respect a moment almost duplicate, so be about to arouse suspicion to generation means of evidence, this is involved obtain evidence the problem of lawful sex.
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Seeing apparently when evidence of different one's words only all is set out from respective and different point of view undertake elaborate, have different side key, the authentic sex that just can judge evidence of individual one's words is stronger. When place card content can when mutual confirm, criterion enough holds a fact.
Judge the authentic sex of evidence of individual one's words, below the circumstance of man-to-man evidence, often can produce certain effect. For instance the rape case between acquaintance, illicit close sex is stronger, woman of after the event calls the police say to be raped, and the man firm the sexual behavior that says 2 people department happens of one's own accord. Right now, the authentic sex that states to both sides with respect to need undertakes judging.
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If the man's allegation cannot give out on a few important clues,add up to manage explanation, even flaw 100, and woman statement is clear more fair and reasonable, can judge the man basically lying probably.
Conversely, if the woman states flaw 100, and the man is stated more fair and reasonable, criterion the possibility that the woman lies is larger. In practice, this kind of circumstance happens at the woman to fasten a street walker more, bilateral price did not talk about approach or go whoring of refuse payment of man of after the event endowment, cause woman resentment and the lie calls the police affection.
Of course, even if cognizance one party is lying, as a result of Gu card cannot decide on a verdict, also cannot hold case fact accordingly. And must want to tie on record other evidence, and the particular case of behavior happening.
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In raping case truely together, also be man-to-man evidence. But when neighbour evidence says the day just shined that day, its go out water, see the girl is in doorway unkempt, expression is absentminded, say oneself are raped. And at ordinary times rule of girl work and rest, love the United States again, want basically to sleep to head of the pole on day, wash and dress dresses up nice gift agrees to go out. The judge is integrated entire case proof, according to particular case judgement, maintain man forcible rape finally to hold water, have the result of judgement in all sorts of elements such as the experience that uses evidential regulation and oneself integratedly, experience, common sense namely.
