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关于重复自白的可采性问题,司法实践中有全部排除、不予排除和有限度地排除三种做法,但总体倾向是不予排除,与理论界意见相左。对重复自白的处理总体原则应当是维护司法公正与司法效率的平衡、惩罚犯罪与保障人权的统一、实体正义与程序正义的兼顾,区别对待说更具有合理性。在具体可采性的考量因素上,先前违法取证的严重程度是决定性因素,取证主体和地点的变更、律师参与程度、犯罪嫌疑人的个体情况等是相关性因素,需要从整体上进行综合分析。
With regard to the admissibility of confessions, all of them are excluded from the judicial practice, and the three practices are excluded and limitedly excluded. However, the overall tendency is not to be excluded and the views of theorists are contrary to one another. The overall principle of handling confession and confession should be to maintain the balance between judicial fairness and judicial efficiency, to punish the unification of crime and safeguard of human rights, to reconcile substantive justice with procedural justice, and to say that discrimination should be more reasonable. On the specific admissibility considerations, the severity of the previous illegal forensics is the decisive factor, the change of the subject and location of the forensic evidence, the degree of participation of lawyers, the individual circumstances of the suspects are the relevant factors, which need to be analyzed comprehensively as a whole .