Study On The Admissibility Of Interrogation Records

Except preface and conclusion,this paper will be divided into three parts:The first part,overview of interrogation record.Including: concept,characteristics and functions of interrogation record,normative interpretation of interrogation record and evidence ability elements of the interrogation record.In the context of this article,the interrogation record is to point to the record of the interrogation of a criminal suspect in investigation phase by the policeman.Interrogation record has three characteristics: firstly,Interrogation record containing the criminal suspect statements relating to the case information more widely;secondly,the case can be directly proved by the confession;thirdly,the content recorded on the interrogation record is weaker probative.Interrogation can act as the accused evidence,it can also act as the defendant side of the defense evidence;Interrogation record belong to the direct evidence;Interrogation is one of the important clues to criminal detection;Interrogation record is one of the important evidence form of trial.An interrogation record could eventually be used to determine the facts for three conditions: first,the format of the interrogation requirement conform to the provisions of the laws and regulations;Second,the interrogation of the contents are true;Third,interrogation procedures verified through legal investigation.The second part,the empirical research for the evidence ability of interrogation record.From interrogator,interrogation time,location,method of interrogation,interrogation with sound recording or video recording,etc.,Interrogation process exists the record of production and the content of the interrogation without sync,taking account of the check the confirmation process is not enough detailed,the confirmation process is just to "go through the motions" and so on.The causes of these phenomena are: first,the incomplete legal norms;Second,the whole process of interrogation is too "closed",Third,the investigation of interrogation personnel thought seriously enough;Fourth,the idea of presumption of guilt in the investigation of interrogation person is deeply in the heart.In these five ways,the Judge will accept the evidence ability of interrogation.The third part,advices to improve interrogation rules.The program to make an Interrogation needs to improve from three aspects: first,improve the right before interrogation processes;Second,the standard for interrogation detailed description ofthe content;Third,to strengthen accuracy of record the actual situation,pay attention to the confirm process.We can learn from the related regulations from UK to further improve the system of interrogation synchronous sound recording or video recording.Improve the interrogation evidence ability to review the judgment rules and system of police testifying.