Font Size: a A A

Survey Research Report Of Implementation Of Synchronous Audio And Video Recordings By People’s Procuratorate During The Whole Process Of Interrogations Of Duty Crime Suspects

Posted on:2014-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiangFull Text:PDF
GTID:2296330467965211Subject:Procedural law
Abstract/Summary:PDF Full Text Request
The revised Code of Criminal Procedure guarantees the legal existence of the system ofsynchronous audio and video recordings in the whole process of interrogations, which willhelp to standardize evidence collection behaviors such as investigation and interrogation,curb extortion confession by torture, protect human rights from infringement, enhanceinformatization in the work of investigation authorities and realize the replacement ofinvestigative mode “from confession to evidence” by the mode “from evidence to confessionand between confession and evidence”. However, with only general requirements stipulatedin the Code, the system is still filled with such drawbacks as poor operability and lack ofserious evidence regulation contents.The essay will expound from three aspects:First, this essay begins with the background of the establishment of the system ofsynchronous audio and video recordings and the current institutional framework during thewhole process of interrogations of suspects of duty crimes. After introducing concepts, rangesand requirements related to this system, the author further studies on the legal nature of thesystem. The author holds the opinion that the content of the audio and video recordingsshould be regarded as a kind of supporting evidence, which should be used to support tofixate on record contents and testify the legitimacy of interrogations courses.Second, this essay takes the real implementation of the system by prosecutors in C cityas samples, examines the operational status of the system by data analysis in our country fromthree stages including equipment and staff supply, recording making, and later delivery andusage of synchronous audio and video recordings, and points out the problems in this systemby analyzing hardware and software supply, law enforcement behaviors of the investigators,risks of secret leakage, drawbacks in construction and other factors. After that, this essaygives a brief introduction to the joint case-handling mode of Discipline InspectionCommissions and Procuratorates, revises the regulation on the defendants’ requirement to playthe audio and video recordings made during the investigation by the Discipline InspectionCommission at court hearing stage, and in the end puts forward with two suggestions on thesynchronous audio and video recordings by the Procuratorate under this mode. Third, after the causes of these problems have been clarified, and according to the actualsituation of our country, the essay carries out suggestions on perfecting the system ofsynchronous audio and video recordings in the whole process of interrogations of duty crimesuspects from the aspects of establishing supporting evidences, developing acceptable view ofevidence, and by commenting the8tharticle of (Trial) Regulation on the Implementation ofSynchronous Audio and Video Recordings by People’s Procuratorate during the WholeProcess of Interrogations of Duty Crime Suspects.. These suggestions include setting upsupporting systems, enhancing investigation and interrogation ability under the system, andstrengthening the standardization of the system.
Keywords/Search Tags:Duty Crime, Interrogation, Synchronous Audio and Video Recordings
PDF Full Text Request
Related items