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随着科技的发展,犯罪分子的犯罪手段也不断翻新,呈现智能化、隐蔽化的趋势,传统的侦查手段在某些领域很难及时发现犯罪,技侦措施应运而生。刑诉法明确规定技术侦查取得的材料可以作为证据使用,但因技术侦查措施(以下简称技侦措施)具有隐蔽性、技术性和需要保密性等特征,实践中如何出示技侦证据和进行质证做法不一,导致法律规定的相关内容无法统一适用,有必要予以厘清。
With the development of science and technology, the criminal means of criminals have been constantly renovated, showing the trend of intelligence and concealment. The traditional means of investigation in some areas is very difficult to find crimes in time, so the measures for detecting detectives came into being. The Criminal Procedure Law clearly stipulates that materials obtained through technical investigation may be used as evidence. However, due to the characteristics of concealment, technicality and the need of confidentiality of technical investigation measures (hereinafter referred to as technical detection measures), how to present evidence of technical investigation and conduct of cross-examination in practice Different, leading to the relevant provisions of the law can not be applied uniformly, it is necessary to be clarified.