criminal fact

基本解释

As an essential stage of the estimation of the criminal culpability, the expectable possibility can not be replaced by intention, negligence and criminal capacity in fact.
期待可能性的判断是责任判断的必经阶段，故意、过失、责任能力的判断不能代替之。
So the fact in criminal suit should include case fact, procedure fact and evidence fact, and based on the fact reasoning, so as to reach the legal fact of the trial result.
因此，刑事诉讼中的事实，应当包括在诉讼中具体体现的案件事实、程序事实和证据事实，并在事实推理的基础上，达到作为审判结果的法律事实。
The value evaluation in criminal litigation argues the fact finders how to weigh the conflict of interests and make the choices in accordance with certain procedures and methods.
刑事诉讼价值权衡，就是由裁判者依据一定程序和方法对冲突的利益确定其轻重而进行的衡量与选择活动。

Criminal prosecution after the fact doesn't effectively prevent atrocity before the fact.
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犯罪事实
Presumption of fault is one special form of presumption and development of Culpability Theory in Criminal Law. The essence of Fault Presumption is to change the traditional, common way to prove the criminal fact directly by evidence.
罪过推定是推定的一种特殊形式,也是对刑法中罪过理论的发展,其实质就在于改变传统的、一般意义上用证据直接证明犯罪事实的做法,当不存在直接证据或者仅凭直接证据不足以证明主观事实时,通过基础事实与主观事实之间的常态联系进行推理,从而得出主观事实的结论。