Investigation Report On The Application Of Electronic Data In Public Prosecution

At present,the electronic data with different forms is full of our life,in more and more criminal cases appear the evidence of the existence of electronic information form.Since the Criminal Procedure Law officially implemented in 2013 regards electronic data as a kind of statutory evidence,electronic data evidence has appeared more and more frequently in various criminal cases.More and more in the judicial case handling highlights its importance,and thus more and more attention by the legal and practical circles.However,the widespread application of electronic data in judicial practice is in sharp contrast to the normative degree of its use.Whether in the academic or practical circles,there are some voices that the electronic data has some problems,such as confusion in definition,violation of legal provisions in forensics,blank cross-examination links,and difficulty in evaluating the evidence ability and proof ability of evidence.In the procuratorial organs,many prosecutors also indicated that in the actual handling of cases,the examination of electronic data also has many problems.In order to grasp the real situation of electronic data used in the actual handling of cases by procuratorial organs,this paper selects a grass-roots Procuratorate in Chongqing in 2017 as a sample for investigation and analysis of the use of electronic data in the examination and prosecution of these cases.The main means are to consult the relevant documents such as public security transfer files,public prosecution case review reports,indictments or non-indictment decisions,and to interview prosecutors on the use of electronic data.Based on the analysis of the investigation data,this paper puts forward some problems in the application of electronic data in the process of examination and prosecution,and finally puts forward some solutions.This article is divided into three parts:The first part describes the current situation of the grassroots procuratorates' use of electronic data in the process of examination and prosecution from the overall situation.It includes the proportion of electronic data in sample cases and the type distribution of electronic data cases;procedures for collecting electronic data,such as the proportion obtained through remote surveys,the proportion transferred to third parties,and the proportion obtained through seized storage media,etc;the transfer and presentation of electronic data;the challenge or defense of the defendant or defendant to electronic data in the prosecution stage;the situation that the procuratorial organs actively excluded in the examination.The second part is based on the grassroots Procuratorate in the review and prosecution link of the use of electronic data status,for the application of electronic data problems or difficulties,and its reasons for analysis.It mainly includes the inspector's professional and technical requirements cannot be met,the inspector's object is limited,the inspector's method is single,the inspector's object is complex,the evidence after the inspection is difficult to correct or supplement,and the lack of evidence means.Then,the reasons are analyzed,including the investigation dependence of electronic data forensics and identification,the absence of the role of the defender in the electronic data review,and the lack of motivation for the procuratorial organs to strengthen technical force.The third part is about improving the use of electronic data in public prosecution,including the effective protection of defenders' litigation rights,the improvement of electronic data review methods,the strengthening of procuratorial technical strength,and the clarification of electronic data access rules,and the most important thing is to really promote the construction of a trial-centered mode of handling cases and fundamentally solve the problem.