All the materials that can be used to prove the facts of the 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.
How to apply criminal evidence?
1. The proof requirements in the filing stage are limited to two points: First, it is considered that a criminal fact has occurred, and "thinking" is an objective subjective judgment, not that a criminal fact has actually occurred; Second, criminal responsibility needs to be investigated.
2. Arrest must meet the following three conditions at the same time: there is evidence to prove that there is a criminal fact; It is necessary to prove that the criminal suspect or defendant may be sentenced to more than fixed-term imprisonment; There is evidence that measures such as bail pending trial and residential surveillance are not enough to prevent social danger, but it is necessary to arrest.
3. Proof requirements for not filing a case, withdrawing a lawsuit, not prosecuting, dismissing a lawsuit and declaring innocence. Prove the innocence of criminal suspects and defendants; Unable to prove that the criminal suspect or defendant is guilty; Prove that the circumstances are minor and the harm is not great, and it is not considered a crime; It is proved that the object of prosecution has committed a crime, but it has one of the circumstances stipulated in Article 15 of the Criminal Procedure Law.
Legal basis:
Article 148 of the Food Safety Law of People's Republic of China (PRC) * * * Consumers who eat food that does not meet the food safety standards may claim compensation from the operators or producers. The producers and operators who accept the consumer's claim for compensation shall implement the first responsibility system, pay in advance, and shall not shirk; If it is the producer's responsibility, the operator has the right to recover from the producer after compensation; If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation. In the production of food that does not meet the food safety standards or in the operation of food that is known to fail to meet the food safety standards, consumers can demand compensation from the producers and operators for losses that are ten times the price or three times the loss; If the additional compensation amount is less than 1000 yuan, it is 1000 yuan. However, the labels and instructions of food have the defects of not affecting food safety and not misleading consumers.