A Study Of Verbal Evidence In Duty Crime Cases

Evidence is the core problem of criminal procedure,and the verbal evidence is the most important thing in duty crime.In recent years,due to the collection of verbal evidence to lead to non-prosecution or acquittal of corruption cases is not uncommon,worth thinking and sum up a lot of places.The important role of verbal evidence in job-related crime cases,coupled with its own characteristics,makes it more difficult to combat corruption.From the particularity of duty crime type,the particularity of duty crime investigation and the particularity of verbal evidence in duty crime case,the main body of duty crime is special group,with strong legal literacy and anti-investigation consciousness,Crime means more hidden,more difficult to find,these characteristics determine the duty crime case investigation path is usually "by the people to check things",inevitably highlights the verbal evidence in which the important position.The application of verbal evidence in job-related crime cases is also different from the general cases.From the perspective of evidence application,we can see the characteristics of duty crimes.On the basis of this,we analyze the collection,examination,cross-examination,authentication and exclusion of illegal evidence in duty crime cases.And analyzes the specific problems of the verbal evidence in the case of duty crime and puts forward the solution to the problem.It is based on the special nature of duty crime,decided to duty crime cases in the collection of evidence and fixed evidence is different from the general case.In practice,there are many problems in the collection and fixing of verbal evidence in the crime of duty crime,such as the identification and use of evidence insufficiency,the belief of "oral confession",the neglect of collecting evidence of innocence,etc.;the collection of verbal evidence in duty crime cases There are still many difficulties such as the crime of duty crime,especially the variability of verbal evidences;the most important thing about the collection of witness testimony is to protect the freedom of witnesses,to thoroughly implement the rules of self-confessed arbitrariness,and the special case of duty crime,The majority of the witnesses involved in the case,to explore the construction of a tainted witness system,mainly to build criminal cases in the criminal immunity system,and to some extent pillow"tainted witnesses" and their personal safety,these measures will work against corruption May be helpful.Evidence review is the key to the proof of evidence.The main content of the review is "three aspects" of evidence,while the whole should be consistent with the evidence of evidence,evidence combination system and other standards.In practice,there are some dilemmas in the examination of verbal evidence in job-related crimes,such as the conflict between the instability of verbal evidence and the certainty of evidence examination,so we need to explore specific countermeasures.In the case of duty crime,the Commission for Discipline Inspection of the Commission for the transfer of materials and procuratorate to obtain evidence for the initial investigation of materials often involved,since these two types of evidence collection is not in criminal proceedings,so the admissibility of the two and related transformation procedures Also need further study.The exclusion of illegal verbal evidence in the case of duty crime is of great significance for the accurate application of verbal evidence in the case of duty crime,and it is also one of the ultimate purposes of verifying evidence in the case of duty crime.And shall be absolutely excluded and shall not be used as evidence for finalization.However,in practice,there are some difficulties in the exclusion of illegal evidence,mainly due to the high reliance on verbal evidence in job-related crimes.This can be done by weakening the proof of verbal evidence and perfecting the burden of proof of illegal evidence exclusion.Distribution and other measures to be resolved.