What is Evidence in a Case?

07:51, 11/07/2024

When handling criminal cases, evidence plays a very important role in determining whether the defendant committed the crime. So what is considered evidence? Where is the source of evidence obtained from? The article below will clarify this issue further.

Regarding the definition of evidence, the Criminal Procedure Code 2015 provides the concept in Article 86 as follows: "Evidence is any fact that exists, collected according to the legal order and procedures, to be used as a basis for determining whether a crime has been committed, the person who committed the crime, and other circumstances significant to solving the case."

From the above concept, it can be seen that for an object, document, or testimony to be considered evidence in a case, it must meet the following conditions:

- Exist in reality;- Collected according to legal order and procedures;- Used as a basis and significant for solving the case.

According to the regulations in the Criminal Procedure Code 2003 (still in effect), there are four types of evidence sources, including:

- Physical evidence;- Testimony of witnesses, victims, civil plaintiffs, civil defendants, individuals with related rights and obligations, arrested persons, detainees, suspects, defendants;- Expert conclusions;- Records of investigative, adjudicative activities and other documents and objects.

Additionally, the Criminal Procedure Code 2015 supplements the following evidence sources:

- Electronic data;- Expert conclusions, asset valuation conclusions;- Results of judicial delegation and other international cooperation.

Thus, the expansion of additional evidence sources will provide the Court with more evidence to serve the trial process.

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- The legal regulations in this article are according to Vietnamese Law;
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