证据要成为定案依据,须经司法认证环节。
Evidence must be attested by judicial departments before it becomes the basis of verdict.
推定是在部分案件事实不能证明的情况下,依据逻辑关系或者司法理性,确定案件待证事实为真的过程。
Presumption in criminal law means confirming facts by judge according to logic thinking or legal reasoning without proof. Presumption is different from proving.
但是,最终导致“非法证据”被作为认定案件事实依据的原因还在于审判机关在此类案件审理时对于“非法证据”的采信。
But the reason why the evidence obtained illegally could be the factors to identify the case is that the "unlawful evidence" will be accepted by the judicial organ.
And there was, several years ago, a very serious criminal case that rested on a sentence.
多年前的一桩刑事重案,就是依据一句话来定案
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