On The Prevention Of Recognizing Errors In Criminal Procedure

Although identification is not one of the statutory investigations stipulated in China’s "Criminal Procedure Law",in practice the judicial authorities make extensive use of this measure,because criminal identification can usually link the person who committed the crime with the facts of the crime Guiding the direction of investigation,identifying criminal suspects,and confirming crimes play an important role,and have important value in the public security and judicial organs in fulfilling their functions of fighting crime.And in 2012,the criminal record as one of the statutory evidences by the Criminal Procedure Law has an important role that cannot be matched by other evidence in criminal proceedings.It is not only a carrier to record the entire recognition process,but also an important embodiment of the recognition conclusion.It is of great significance to determine the facts of the case.It can be seen that criminal identification,as a common investigation method used by public security and judicial organs in practice,is self-evidently important in criminal proceedings.In the judicial practice of our country,criminal identification as an investigation behavior is affected by a variety of adverse factors,including: lack of conditions for effective identification,unscientific standards for organizational identification methods,imperfect legal identification procedures,and production and review of identificationrecords It has a shortpart.Therefore,the accuracy of the identification conclusion is difficult to guarantee,and some judicial personnel and the public have blind trust and dependence on criminal identification.There is a so-called "identification myth".It is easy to believe the wrong identification conclusion,and it will produce significant consequences May even result in cases of unjust,false,and wrong.The Interpretation of the Supreme People’s Court on the Application of the Criminal Procedure Law of the People’s Republic of China,the Criminal Procedure Rules of the People’s Procuratorate and the Procedures of Public Security Organs in Handling Criminal Cases clearly stipulate identification rules such as avoidance,implied hinting,and mixed identification.The criminal identification rules and the provisions for identifying transcripts are relatively sloppy and confusing.China’s "Criminal Procedure Law" does not provide for the prevention of criminal identification errors.Relevant judicial interpretations lack specific provisions on the organization and implementation of identification and the review of identification records.They cannot guide and restrict investigators in criminal identification.It is difficult to effectively avoid the misconduct of investigators in organizing identification procedures and guide judicial officers.Scientifically reviewing and confirming the evidence ability and proving power of the identification records,so it can not effectively contain and prevent the occurrence of identification errors,which may lead to cases ofunjust,false and wrong,damage judicial authority,and even deprive innocent citizens of their freedom or life.In order to ensure the accuracy of criminal identification,give full play to the function and function of criminal identification in criminal proceedings,implement procedural justice and substantive justice,avoid as much as possible wrong cases caused by identification errors,prevent identification errors,and ensure the accuracy of identification conclusions Imperative.This article firstly clarifies the definition of criminal identification and its value in criminal proceedings,and then leads to the connotation of identification errors,that is,identification errors may not only come from the identification process of the identification person’s own problems and identification procedures,but also from identification transcripts Improper production,review and determination,therefore,should define the connotation of identification errors as related to the criminal identification of this investigation,resulting in false information contained in the relevant evidence,judicial personnel may mistakenly determine the facts and errors of the case.It also demonstrates the possible harm caused by identification errors with examples to illustrate the necessity of this article to study the prevention of criminal identification errors.Secondly,referring to the research experience of a large number of academic circles at home and abroad,combined with the case of wrong identification in judicial practice,the causes of criminalidentification errors are roughly summarized into the following four aspects: natural conditions,inappropriate identification methods,unreasonable identification procedures,and identification transcript production There are deficiencies with the review.Finally,based on the current problems in criminal identification and the causes of misidentification in China,from the perspective of how to prevent misidentification from causing misrecognition,referring to the rules and experience of extraterritorial criminal identification,take the following targeted measures to prevent: First,adopt a targeted identification method,that is,implement a double-blind identification method and adopt a reasonable method of dialectic preparation to make the criminal identification of this investigation more accurate and reliable.Second,improve the criminal identification process in terms of ensuring the neutrality of the identification of the host,granting the defense lawyer the right to present,giving the identification person the right to object and check the record,and informing the criminal suspect of the identification result after identification.Third,the last line of defense to prevent criminal identification errors is to improve the production and review of identification records,to remove false identification conclusions in time,to ensure the authenticity and legitimacy of identification records,and finally to achieve the purpose of preventing identification errors.