The Application Of Audio And Video Recordings Of Investigation And Interrogation In Litigation

China’s audio and video recording system of investigation and interrogation began in 2006 in the investigation of the case of duty crimes,which was formally established in 2012 when China amended the criminal procedure law.For cases that suspects may be sentenced to life imprisonment or death penalty,or other major crimes,the investigator shall,during interrogation of the suspect,make a full audio recording of the interrogation.The audio and video recording system of investigation and interrogation has positive significance in protecting human rights,standardizing interrogation behavior and excluding illegal evidence.However,in the judicial practice,the application of audio and video recordings in the criminal proceedings is restricted greatly,causing that the investigation and interrogation of audio and video recording system failed to play the corresponding function.The specific performance is as follows: the lawyer can only consult and reproduce the audio and video information when the illegal evidence is excluded,and the restriction is too strict;If the investigation organ fails to fulfill the obligation of full sound or video recording in accordance with the law,it shall bear the procedural sanction,which the law does not make clear provisions;In criminal proceedings,the conditions and procedures of the prosecution using audio and video recordings to prove the facts are not completely clear.The reason why the application of interrogation recording materials is restricted in criminal proceedings is that system designers have a cognitive deviation on the function positioning of audio and video recording system,and on the legal attribute of recording materials,ignoring the evidential attributes of recording data.In order to promote the application of audio and video recordings of investigation interrogation in the criminal proceedings,so as to maximize the function of recording system,we should,in theory,make a correct orientation on the function of audio and video recording system.Besides,we should define the legal attribute of video data reasonably.In recognition of the function of protecting the legal rights of interrogators and restraining the coercive confession of interrogators,we should also pay attention to the function of the system in correctly identifying the facts of the case.At the same time,it should be recognized as the legal attribute of the evidence material in the premise that the recording and recording data are recognized as the working materials of the investigation agency.All of the audio and video recordings of investigation and interrogation,like the interrogation transcript,are the carriers of the confession and justification of the suspects,all of which can be classified as evidence materials in the files.The measures to be taken include: first,our country should make clear a regulation defense lawyer can exercise the right to read,copy all audio and video recordings,can apply to the people’s court,the people’s procuratorate to obtain the audio or video recordings which are not transferred.The provisions which a layer’s access to and reproduction of audio and video recordings is subject to the illegal evidence exclusion procedure should be cancelled.Secondly,our country should clearly stipulate the procedural consequences of the illegal and incomplete audio and video recording of the investigators,and establish the relevant illegal evidence exclusion rule,that is,the corresponding interrogation transcript should be excluded.Through this relatively strict procedural sanction,to curb the illegal behavior of the investigators.Third,our country should make clear conditions and procedures when the prosecution should take advantage of the recording video data in the criminal lawsuit to prove the facts,which will encourage them to use the recording data,and reducing their resistance to do that.In addition,there is no such insurmountable obstacle as information leakage,excessive expense and cumbersome procedures when the application of recording data in litigation is expanded to a wider range.