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山木集团前总裁宋山木强奸案向我们提出了被追诉人有无权利要求测谎的问题。只要在刑事诉讼中允许使用测谎技术,无论是允许其作为证据使用还是仅仅将其作为审查判断证据的手段,被追诉人单方面向法院申请测谎,实质上均是一种试图向法院澄清事实真相的诉讼证明行为。被追诉人的测谎权是一种相对权,而非绝对权。鉴于我国目前的现实情况,测谎只能作为审查判断言词证据的方法,尚不能作为独立的证据适用,因此法院是否批准被追诉人的测谎申请,应以有测谎之必要为前提。
Song Shanmu, former president of Shanmu Group, raped us to ask us whether the accused person has the right to claim polygraph. As long as the polygraph technique is allowed in criminal proceedings, either by allowing it to be used as evidence or simply as a means of examining evidence, the prosecutor applies unambiguously to the court for a polygraph, which is essentially an attempt to clarify to the court The truth of the lawsuit proves. The right to lie is the relative right, not the absolute right. In view of the current situation in our country, polygraph can only be used as a method of examining the evidence of verdict and can not be applied as independent evidence. Therefore, whether the court approves the polygraph application of the accused should be based on the necessity of polygraph.