Illegal Evidence Exclusion In Procuratorial Organs Prosecution Stage

Problem of illegal evidence exclusion has a relationship with cases proved and safeguard the legitimate rights and interests of the parties involved. It has the vital significance in the realization of substantive justice and procedural justice. However, the practice of illegal evidence still exists in the dilemma of how to judge. This article selects the procuratorial agency to examine the prosecution stage illegal evidence to remove this thesis, unifies the C city procuratorial agency the concrete practice, carries on the proof to this important question. We focus on the analysis of the current stage of review and prosecution of exclusionary practices and problems, exploring methods to further refine the system.The full text is divided into four parts, a total of about 18,000 words.Part I: the basic situation of illegal evidence exclusion in procuratorial organs prosecution stage in City C. The procuratorial organs in combination with the actual work in the City C, establishing the illegal evidence elimination of specific system, actively explore the issue in the relevant laws and regulations and judicial interpretations promulgated. After the implementation of the new criminal procedure law, the procuratorial organs to the exclusion of illegal evidence formally incorporated into the scope of examination, in practice found that relates to illegal evidence exclusion cases, make a review and corresponding treatment.Part II: practices for the current stage of review and prosecution of illegal evidence exclusion. The current practice is mainly divided into three steps to carry on the exclusion of illegal evidence. In the process of examining a case, relying on criminal suspects and defendants offered or investigators review found clues to the existence of illegal evidence, the inquiry procedure to determine whether the start of illegally obtaining evidence. Once started the investigation procedures of illegal evidence, investigators get through the situation as described by the transfer of medical records out of the detention center, asking relevant witness testimony, the transfer of the case to synchronize audio and video recording, for investigation and verification, in order to ascertain whether there is evidence of illegal. After investigation and verification, really exist in the testimonial evidence of illegal evidence, is absolutely excluded; If belongs to the evidence in kind also is unable to supplement and correct or to make the reasonable explanation, also must give to remove. After eliminating the illegal evidence, it also depends on the specific circumstances of the case, to supplement the corresponding evidence.Part III: the main problems in the current stage of review and prosecution of illegal evidence exclusion. The current main problems in practice are the following three points: First of all, the identification standards of the illegal evidence exclusion and whether the different. Understanding the differences mainly focus on using disguised corporal punishment and the threat, enticement, deceit and other illegal methods, how to judge whether these methods make the parties "physical or mental suffering intense pain, forced against her will, especially to obtain confession confession" by threat, enticement, deceit in other methods, how to distinguish them and methods of investigation and interrogation techniques. Based on different roles and different handling subjects individuals to understand the evidence, often will make a different judgment, and disagreements occur. Secondly, illegal access to evidence is narrow. In practice, illegal evidence and clues to rely mainly on the suspect, the defendant is proposed and the investigators to discover, in addition no more other channels discovered the existence of illegal evidence. The criminal suspect, the defendant in the proposed by the illegal evidence, few can provide corresponding clues. Third, the investigation to verify the single means of illegally obtained evidence. Although laws and regulations clearly set out to investigate and verify, but the practice is most often used in interrogating suspects, interviews with investigators and taking and video recording of interrogation, inquiry suspects access to the medical records. The above several ways exist to its defect, the suspect usually cannot provide clues for verification; The case handling personnel situation shows because of lack of objectivity, that proof of the force is not high; Authenticity, objectivity higher recording of interrogation, but not every case will be making interrogation recording; Medical records only confirm whether there is injury, but cannot be definitely infer that the suspect is subjected to illegal evidence.Part IV: complete exclusion of illegal evidence the prosecution phase of the system’s recommendations. Change should be made from the whole idea, set up the idea of procedural justice, exclusion of illegally obtained evidence, the whole, and the process of excluding illegally obtained evidence to comply with the statutory procedures. The illegal evidence leads to cases to take full advantage Examination, Review case files and check the Sync sound and video recordings of the opportunity to maximize the discovery of illegal evidence of the leads. We should enrich illegal means of investigation and verification of evidence, strengthening officers and personnel with relevant queries or obtain related audio-visual resources, expert testimony and related evidence of permanent employment. In our view, we need further improvement and the establishment of related system, set up to investigate the legality of investigation the investigators and special mechanisms.