Empirical Study On The Application Of Technical Investigation Evidence In Trial

Along with the rapid development of society,the continuous development of social economy and the continuous improvement of people's living standards,criminal means have also become more and more complicated,scientifically oriented and highly intellectualized.Changes in the means of criminality have also prompted changes in the means and measures of technical investigation.During the revision of the2012 Criminal Procedure Law,the relevant provisions on technical investigation were added.It includes the object of application,the implementing organ,the evidentiary qualification of obtaining the material and the way of the court investigation and verification of the evidence.Since then,technical investigation has moved from behind the scenes to the foreground so that people can have a clearer understanding of it.Technical detection methods usually record monitoring,whereabouts monitoring,communication monitoring and place monitoring four.Theoretically,the evidence of technical investigation can be divided into eight categories according to the Code of Criminal Procedure,namely material evidence,documentary evidence,testimony of witnesses,statements of victims,confession and excuse of criminal suspects and defendants,appraisal opinions,inspection,inspection and identification,Investigative experiments and other transcripts,audio-visual materials,electronic data.But mainly embodied in physical evidence,documentary evidence,audio-visual materials and electronic evidence four categories.There are three ways for the verification of technical investigation evidence: normal way,technical treatment way and out-of-court verification way.Out of court verification is the most commonly used method,squeezing the other two ways of application of space.In an empirical investigation of the specific application of the technical investigation evidence in the trial of drug cases in the municipality of F Province in G Province,the technical investigation method was found to be very common in drug cases and accounted for about80% of all first instance drug cases.Among the verification of technical investigation evidence,out-of-court verification is the most common.In the case of a possible sentence of death,in particular,the judge will at least verify the technical investigation evidence out of court.In addition,technical investigation materials can also be used as evidence in other forms by taking the form of evidence conversion.The two main problems that exist in the application of evidence in the investigation of drug cases are the over-the-court verification of out-of-court verification and the fact that the court verification severely limits the right of the defendant to testify.The specific reasons are as follows: the evidence of technical investigation has its own particularity,the parties have different understanding of the standard of proof of evidence and the method of verification for protection of the technical investigation method and the identity of the relevant personnel.The countermeasures adopted in this regard are as follows: First,improve the out-of-court verification mechanism and promote the standardization of the out-of-court verification process.In the out-of-court verification,both prosecutors and defense parties should participate togetherand protect the corresponding rights of defense lawyers involved.In addition,we should improve the mechanism of court-witness testimony,clarify the public testimony of technical investigation evidence and ensure the links of testimony,and clarify the technical handling methods of technical investigation evidence and the specific handing procedures.