Video And Audio Recording Of Interrogation

Article 121 of the amended Criminal Procedure Law of the People's Republic of China regulates that "When interrogating a criminal suspect,the investigators may keep an audio or visual record of the interrogation process;and,in a case regarding a crime punishable by life imprisonment or death penalty or any other significant crime,the investigators shall keep an audio or visual record of the interrogation process."Therefrom,the video and audio recording of interrogation was established in our country.Then,the procuratorial organ and public security organ respectively established the detailed rules for the implementation of this system,but due to various reasons in practice,these rules has not been strictly carried out.Moreover,many areas of this system also should be strengthened and perfected.So it is necessary to carry out the in-depth study of the video and audio recording of interrogation under the circumstances of the criminal justice reform.Basing on the existing video and audio recording of interrogation in China,this paper firstly analyses and judges the actual running status of this system and then in the social background of the rapid development of network technology and cloud storage technology,explores the design and specific provisions of the video and audio recording of interrogation which are suitable to the current situation of our country.This paper is divided into four parts.The first part focuses on the necessity of the establishment of the video and audio recording of interrogation.In this part,by analyzing the reasons of establishing this interrogation recording system and the roles of the various participants in criminal procedure such as criminal suspects,interrogators,prosecutors,judges and defenders and so on,the necessity of the video and audio recording of interrogation is tried to be established.The second part analyses the legislative evolution of video and audio recording of interrogation,combs exploration of this system and the developed rules by the procuratorial organ and public security organ before and after the 2012 amendment of Criminal Procedure Law.The third part firstly analyzes the problems in carrying out the video and audio recording of interrogation,such as the unreasonableness of part of the recording regulation,the difficulties of the implementation of the whole recording,the imperfection of the custody system,the lack of oversight of the recording process and the ineffectiveness of the recording etc.Then this part analyzes the causes of the above-mentioned problems from the legislation,technology and personnel expenditure.The fourth part is to offer some advice to perfect the video and audio recording of interrogation,mainly to perfect the laws and regulations,enhance the management level of interrogation synchronized video recording,using the methods of science and technology to achieve a comprehensive,full and whole recording.