Research On The Behavior Of The Procuratorial Organs In The Investigation And Verification Of Llegal Evidence Collection

2012 revision of the "Criminal Procedure Law" on the basis of summing up the experience of practice further standardize and improve the illegal evidence exclusion rule, the law provides for the prosecution to review and find evidence of illegal evidence, the illegal evidence is applied to rule out the rule, the premise is evidence of the investigation and verification of illegal evidence. The fifty-fifth provisions of the law.the people’s Procuratorate received a report, accusation, report or found evidence of illegal methods of investigation, the investigation should be carried out to verify. On the one hand, the procuratorial organs should reaffirm the obligation of the procuratorial organs to review the evidence, and on the other hand, it will be the investigation and verification of the investigation and verification of the authority to the procuratorial organs. The people’s Procuratorate criminal procedure rules sixty-eighth to 73 from the discovery, investigation, confirmation, correct illegal behavior and other aspects of the establishment of the people’s Procuratorate to the illegal method of collecting evidence of the behavior of the relevant system, and provides for the formation of illegal evidence in the case of investigation and other relevant legal supervision responsibilities. The author tries to investigate and verify the relevant legal issues of the illegal evidence exclusion from the aspects of the investigation and verification of the behavior of the evidence collected by the procuratorial organs. The criminal procedure law will be illegal methods to collect evidence of the investigation and verification of the right to give the procuratorial organs, the prosecution of illegal evidence for investigation and verification of conditions, scope, start, methods and legal consequences, but in practice, the procuratorial organs of investigation and verification of evidence found difficult, difficult to find evidence, to verify the results of the investigation and verification of illegal evidence, which seriously restrict the prosecution investigation and verification of illegal evidence. This article from the procuratorial organs investigation and verification of illegal evidence collection, the procuratorial organs investigation and verification of illegal evidence, the prosecution investigation and verification of the difficulties and causes of illegal evidence collection, and improve the procuratorial organs of investigation and verification of illegal evidence from four aspects, in order to benefit the prosecution practice.