威胁、引诱、欺骗所取得的言词证据应当排除,但应与侦查策略区分,对于程序违法的言词证据,应当区别对待。排除实物证据,应根据行为的违法程度以及证据的客观性是否受影响,综合考虑。实务中“排除”与“不能作为定案的根据”基本可以作等同理解。检察机关在审查逮捕、审查起诉中必须主动排除非法证据。 The testimony obtained from the threat, lure and deception should be excluded, but should be distinguished from the investigation strategy. For the proverbial evidence of the procedure, it should be treated differently. Exclusion of physical evidence, should be based on the extent of violations of the law and the objectivity of the evidence is affected, comprehensive consideration. Practice “excluded” and “can not be used as the basis for the verdict ” can be basically the same understanding. The procuratorial organs must proactively rule out illegal evidence in the process of examining arrests and examining and prosecuting prosecutions.