Study On The Use Of Evidence Collected By The Special Investigative Measures

At present, the investigative organs are facing a serious crime situation and morecomplex and diverse criminal acts, so they use special investigative measures to collectevidence, this allows the investigative actions become more accurate and effective, and alsomeets the needs of the judicial practice, as a result, the special investigative measures arewidely used, of course there are also risks and problems in the use of the special investigativemeasures. Although the use of special investigative measures is necessary in judicial practice,the use of special investigative measures to collect evidence in practice is facing anembarrassing situation. One major problem is that The Criminal Procedure Law does notdefine clearly the admissibility of evidence which are collected by using special investigativemeasures. The Article35of “The Rules of Evidence for Handling Death Penalty Cases”whichenacted in2010prescribed that:“the investigative organs are using special investigativemeasures in accordance with the relevant provisions to collect material evidence,documentary evidence and other evidence, if such evidence are verified to be ture by the court,these can be used as final evidence. According to the law, the court does not explain theprocess and methods of the special investigative measures in public.” This article on the onehand not only meets the urgent need of judicial practice, but also has a positive meaning tofight the special type of serious crime. But on the other hand, the special investigativemeasures do not define clearly in the law, so it will easily lead to abuse of special investigative measures, and this article allows the use of evidence which are collected byusing special investigative measures without cross-examination, this may violate thedefendants’ right of cross-examination and the right to a fair trial, resulting in the fact mistake.To sum up, we must make a reasonable use of evidence which are collected by using specialinvestigative measures.The first part elaborates some content of the special investigative measures, including theconcept of the special investigative measures, the legislation of the special investigativemeasures, and the necessity and problems of using special investigative measures.The second part elaborates the background and the basic meaning of the Article35of“The Rules of Evidence for Handling Death Penalty Cases”, at the same time, puts forwardthe progressive significance and problems of the Article35.The third part elaborates how to make reasonable use of the evidence which are collectedby using special investigative measures, including making the legislation of the specialinvestigative measures perfect, making the admissibility of evidence which are collected byusing special investigative measures clearly, and establishing the cross-examinationprocedure, and limiting the use of the special investigative measures.