论文部分内容阅读
现行法律规章虽规定检察机关是排除非法言词证据的职责主体,却没有相应地予以程序和规则保障。检察机关在审查起诉阶段排除非法言词证据,基于非终局性的阶段特征等的限制或需求,应当仅限于排除对采用暴力手段导致人身轻微伤以上损害客观后果而取得的言词证据,同时应将对其余涉嫌违法取得的言词证据调查所得疑点及证据交法庭裁决是否应予排除。
Although the current laws and regulations stipulate that the procuratorial organs are the main body of responsibility for excluding evidence of illegitimate words, they are not guaranteed by procedures and rules accordingly. The restrictions or needs of the procuratorial organs in excluding the evidence of illegal words during the examination and prosecution phase and based on the characteristics of the non-final stages should be limited to the exclusion of testimony obtained from the objective consequence of the damage caused by minor injuries caused by the use of violent means. At the same time, The remaining suspected suspects and evidence obtained from the investigation of the evidence of evidence obtained illegally shall be handed over to the court for adjudication as to whether they should be excluded.