Traditional Culture Encyclopedia - Photography and portraiture - Can community surveillance video be used as direct evidence of conviction?

Can community surveillance video be used as direct evidence of conviction?

Community surveillance video can be used as evidence, but it cannot be directly convicted.

Specifically, there are the following situations:

1. In the theft case, he didn't see the process of theft, so it can't be judged that he committed theft only by monitoring video;

2. Recording the whole illegal process of the suspect can be used as direct evidence.

For example, the surveillance video in the community records someone's activities in the community. If it is to be used as evidence of their crimes, it cannot be used as direct evidence. Although this video can play a certain role, it is not direct evidence, but at most it is indirect evidence. It must be used together with other evidence to achieve the purpose of proof. There is no problem that surveillance video can be used as evidence to confirm criminal acts. However, if it is a public prosecution case, the law only allows the victim to file a criminal private prosecution in his own name if the public security organ refuses to handle it. . If a criminal suspect does not plead guilty, he can be convicted as evidence as long as there is other evidence to prove his criminal behavior.

Article 50 of the Criminal Procedure Law of People's Republic of China (PRC) All materials that can be used to prove the facts of a case are evidence. Evidence includes:

(1) Physical evidence;

(2) Documentary evidence;

(3) Testimony of witnesses;

(4) the victim's statement;

(5) confessions and excuses of criminal suspects and defendants;

(6) Appraisal opinions;

(7) Records of inquests, inspections, appraisals, investigations and experiments;

(8) Audio-visual materials and electronic data.

The evidence must be verified before it can be used as the basis for finalizing the case.

Article 52 Judges, prosecutors and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of crimes. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt. It is necessary to ensure that all citizens who are related to or know the case have the conditions to provide evidence objectively and fully, and they can be hired to assist in the investigation except in special circumstances.