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Exclusion Of Illegal Evidence In Bribery Cases

Posted on:2016-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:H Y HuangFull Text:PDF
GTID:2356330488997830Subject:Law
Abstract/Summary:PDF Full Text Request
Bribery crime is a kind of duty crime, which is a serious crime in our country, which seriously corrupt the integrity of the party and the government. Therefore, the social harmfulness is serious. Therefore, it becomes the focus of the criminal law of our country. But in the process of actual investigation, the bribery crime itself a series of properties, and has long been the viewport for evidence of the king of investigation thinking inertia, coupled with the concepts of illegal evidence is not clear, making the procuratorial organs in the investigation of such cases is easy to fall into the illegal collection of evidence, the embarrassing situation, in the unfavorable position in the trial. The procuratorial organs prosecution perspective in analyzing the bribery case features and practice encountered based on related issues, to strictly exclude evidence of extorting a confession by torture, for part of the current legislation is not clear, not clear, put forward how to define the "threat, enticement, deceit" of the illegal evidence and the judicial practice. How to identify the suspects, defendants, witnesses malicious confession, turn card. At the same time, some problems in the process of illegal evidence exclusion should be paid attention to the role of the pretrial conference, the investigation personnel appearing in court, and the recording and video recording.
Keywords/Search Tags:Inquisition by torture, Threat, Lure, Deception, Temptation investigation, Tainted witness
PDF Full Text Request
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