The Proof of the Property Involved in the Crime of the Criminal Organization——Implementation of Article 45(3)of the Organized Crime Law
Oral confession,as a relatively rich type of evidence,plays an irreplaceable evidential role in the identification of organized crime cases,helping the investigating authorities to timely obtain relevant clues,effectively review the evidence in the case,and comprehensively prove the facts of the case.Therefore,public security and judicial organs are prone to forming a certain preference for oral confession in the identification process of organized crime cases.Due to the subjectivity and variability of oral confession itself,its evidential function must be based on the truthfulness,voluntariness,and legality of the content of the confession.Otherwise,it will alienate the concept of litigation,induce unjust,false,and erroneous cases,and damage the effectiveness of litigation.Therefore,it is necessary to adopt a rational attitude towards confessions,not only recognizing their evidential value but also maintaining their limits.It is necessary to correct the preference for confessions in the determination of organized crime cases from the procedural level,establish a vertical review mechanism for single evidence of confessions,construct a horizontal confirmation system for the evidence chain of confessions,and reasonably play the evidence function of confessions in the determination of organized crime cases.
NETL
NSTL
万方数据
