A Study On Criminal Identification Transcripts

In 2012,the Criminal Procedure Law of the People's Republic of China has given the legal status of the identification transcripts. The action of legislation has put forward higher requirements for the use of the identification transcripts. Identification record makes roughly in the practice,and the existing review of the identification transcripts has a serious tendency of formal examination,which brings the resistance for the use of identification transcripts. In recent years,the wrong identification transcripts caused misjudged haunt people, so it is necessary to regulate the use of the identification transcripts. In view of this, In this paper,the criminal identification transcripts as the research object, It analyses review and prosecution cases of identification transcripts of sample unit by means of sample survey,takes a page out of the useful experience of foreign countries, and puts forward the specific recommendations of the regulating use of criminal identification transcripts in our country.This thesis includes four parts except for introduction.The first part is the basic situation of using identification transcripts. By statistical analyzing for Y procuratorate of review and prosecution of 162 cases from 2014 to 2015 in C city. It is found that identification transcripts are more applicable to the victims of the case and in a case of joint crime, and duty crimes are rarely applicable to identification transcripts.In practice,identification transcripts are mostly performed on human identification,identification records include pages of text and photo page; review identification transcripts is mainly rely on the text content of identification transcripts, whether it is stage of review and prosecution or trial stage, the adoption rate of identification transcripts is high.The second part is the problems reflected in the identification transcripts.Through consulting the 736 identification transcripts in the statistical cases, It is found that it has the following questions of identification transcripts in practice: firstly, identification transcripts failed to objectively reflect the identification. it can not show the panorama of identification activities. Secondly,there is in the lack of identification of prepositional procedure record in identification transcripts. Thirdly,the information of witness is recorded incompletely in identification transcripts.Fourthly, foil object is lack of similarity in identification transcripts.The third part is the analysis of the reasons for the existence of the problem of the identification transcripts. According to a small number of the audio and video recording about identification activities and the interview of investigators, analyses of the reasons for the existence of the identification transcripts is as follows:The recording of the identification transcripts is single, and there is inappropriate cues during the identification activity, which leads the identification transcripts could not be objectively reflected; In practice, the weakening prepositional procedure of identification activity, makes that identification transcripts is lack of record of prepositional procedure of identification activity; In order to cover up the “professionalism ”of witness selection in the practice, the record of the witness information in identification transcripts is not complete; Finally, the selection of foil object prefers to “efficiency”priority in the practice, ignoring similarity requirement, resulting in foil object is lack of similarity.The fourth part is the suggestion of standardizing the use of the criminal identification transcripts. According to the problems and the reasons of the identification transcripts in the practice, some suggestions about regulating use of criminal identification transcripts are put forward. Firstly, establish the separation rules of the organizers of identification activities and the case undertakers,which provides institutional guarantee for reducing inappropriate cues in identification activities. Secondly, strengthen the prepositional procedure of identification activity. On the one hand, we should make a proper way to inquiry the specific features of the object as well as the factors that may affect the accuracy of the identification results and make a good record of the work,On the other hand,enriching told matters before identification activity.The rights and obligations of the relevant personnel as well as the specific identification rules should be detailed to inform and record in the volume, with particular attention to inform to identifiers that object maybe not in the ranks of the identification,enhancing the accuracy of identification conclusion in procedure. Thirdly,make the specific requirements of the witness clear, including the eyewitness' s rights and obligations, witnesses mode, etc, to optimize the supervision effect of the witness. Fourthly, refine the requirements of the selection of foil objects. We should pay attention to the foil object and identify objects in gender, age, hair, skin, clothing, and other aspects of similarity. It should be explicitly prohibited the repeated use of the foil objects in the same case. Fifthly, perfect the supporting measures to guarantee the objective record of identification transcripts. It should be refined the record requirements of,identification transcripts, and gradually established the identification of synchronous audio and video recording rules, to enhance the objectivity of the identification transcripts. Not only that, it is necessary to strengthen the examination of thequality of identification transcripts, when necessary,investigate law enforcement responsibilities of responsible personnel. Finally, put forward the following suggestions about the review mechanism of the identification transcripts:(1) step by step to establish the provisions of witness appearing in court, strengthen the identification transcripts of the confrontation.(2) enrich the exclusion rules of illegal identification transcripts. The situation which repeatedly uses the foil objects in the same case should be excluded, Reference to the provisions of defective identification transcripts in Provisions Concerning the Examination and Judgment of Evidence in Handing Death Penalty Cases, extend it to all criminal cases.and make restrictions on correction method of defective identification transcripts.