Evidence Analysis On The Occurrence Mechanism And Prevention Mechanism Of Wrong Criminal Case

In order to reduce the occurrence of wrong criminal case,we should first understand the occurrence mechanism of wrong criminal case and then establish the prevention mechanism on this basis.Wrong criminal case exists objectively,which is different from illegal judgement.It is more reasonable to judge wrong criminal case from the perspective of criminal procedure epistemology.An innocent person is found guilty or a person who has committed a crime is found not guilty,that is,a wrong criminal case.Based on comprehensive value considerations,the former should be corrected,while the latter may not.Evidence is the only link between the fact-finder and the truth of facts,which determines that most wrong criminal cases are born as a result of evidentiary problems.And the empirical study of wrong criminal cases in China also proves this.From the generation of evidence to the acquisition of evidence,and to the judgment of evidence,there is a risk of error.The occurrence of wrong criminal case is difficult to avoid.The possible sources of error at the stage of evidentiary generation are mainly the false confession of the defendant,the false witness testimony,the false statement of the victim,the wrong appraisal opinion and the intricate tangible evidence.The possible sources of error at the stage of evidentiary acquisition mainly include the method of evidence collection which extorts a confession by torture and the pre-trial investigation which neglects the evidence of innocence.The sources of error at the stage of evidentiary judgment are the exclusionary application of the exclusionary rule of illegally obtaioned evidence,the misidentification of the standard of proof and the rule of questionable crimes decision and the cognitive bias of fact-finder.The prevention mechanism of wrong criminal case should be established based on the error occurrence mechanism of this three stages:evidentiary generation,evidentiary acquisition and evidentiary judgment.Therefore,it is necessary to establish an external restraint mechanism to ensure the credibility of verbal evidence and tangible evidence at the stage of generation,to ensure that evidence collection at the stage of evidentiary acquisition is based on the relevance and admissibility of evidence,and to ensure that the fact-finder maintains a neutral and unbiased position at the stage of evidentiary judgment.The exclusionary rule of illegally obtaioned evidence needs to be implemented and the principle of “in dubio pro reo” needs to be insisted.