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检察机关履行证明责任,以侦查机关(部门)客观、全面、合法地取证为前提。检察机关应当通过全面把握逮捕、起诉条件,自觉履行排除非法证据的职责,促使侦查机关(部门)客观、全面、合法地收集证据材料。还应当通过推行侦查人员旁听庭审、检察机关与侦查机关(部门)共同分析无罪判决成因、强化排除非法证据和不捕、捕诉说理等机制,树立侦查人员的法庭意识,促成侦查机关(部门)取证的客观性、全面性、合法性。
Procuratorial organs to fulfill their burden of proof to the investigating authorities (departments) objective, comprehensive and legitimate evidence as a prerequisite. Procuratorial organs should fully grasp the conditions of arrest and prosecution and voluntarily perform their duties of excluding illegal evidence, and urge the investigation authorities (departments) to objectively, completely and legally collect evidence materials. Procuratorial organs and investigative authorities (departments) should also jointly analyze the causes of acquittal, strengthen the mechanisms of excluding illegal evidence, arrests and appeals, and establish a courtroom awareness of investigators so as to facilitate the investigation of organs (departments Objectivity, comprehensiveness and legitimacy of evidence collection.