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尽管犯罪嫌疑人口供在案件侦查中具有至关重要的作用,过度依赖口供却会为诉讼带来风险。近年来,犯罪嫌疑人翻供的现象在司法实践中逐年激增,特别是刑诉法再修改之后,辩护律师在法庭上以犯罪嫌疑人“受到刑讯逼供”为由,要求法庭审查犯罪嫌疑人供述笔录的合法性,甚至申请将这种笔录排除于法庭之外,这几乎成为一种程序上的常态。翻供更是成为了犯罪嫌疑人和辩护律师对抗侦查机关的一种常用的策略和手段。本文从侦查员的视角出发,从背景及现状剖析犯罪嫌疑人翻供现象,再分析其原因,最后得出侦查员对抗恶意翻供的措施。
Although the suspect’s mouth plays a crucial role in the investigation of the case, over-reliance on the confession will bring risks to the lawsuit. In recent years, the phenomenon of criminal suspects offerings surge in the judicial practice year by year, especially after the revision of the Criminal Procedure Law, the defense lawyer asked the court to examine the criminal suspects in the court on the grounds that the suspects were “subjected to torture” The legality of the confession transcripts, and even the application for the exclusion of such transcripts from the courts, have almost become a procedural normal. The provision of information has become a commonly used strategy and means by which criminal suspects and defense lawyers oppose the investigation organ. This article from the investigator’s point of view, from the background and the status quo analysis of the suspect offer for the phenomenon, and then analyze the reasons for the final scout to counter the malicious measures.