略论刑事案件涉外证据

On Evidences Concerning Foreign Affairs about Criminal Cases

刑事案件涉外证据是指能够证明刑事案件犯罪实体事实、诉讼程序事实的证据,是具有涉外性的一种证据类型。其内容主要有表象事实、犯罪事实、程序事实和佐证事实;其形式可以粗略分为言词证据、实物证据、电子证据和文件证据;其形成主要涉及地域、主体、手段和程序。它与一般证据特征有所不同,收集、审查、运用时应多加注意。

The evidence concerning foreign affairs about criminal cases refers to the one that can prove the substantive fact of the criminal cases and the fact of the lawsuit procedure, which is a kind of evidence characteristic of foreign affairs. Its contents mainly include the ideal fact, criminal fact, procedural fact and proof fact; its forms are roughly divided into oral evidence,material evidence, electronic evidence, documentary evidence; its formation mainly concerns the region, main body, means and procedure, with different characters from the general evidence, to which we should pay much attention when collecting, investigatign and applying.