侦查中的讯问:整体功能与阶段差异——基于实证的研究

Interrogation in Criminal Investigation:the Whole Function and its Difference at Different Stages——An Empirical Research

通过对抽样案卷所反映出的侦查机关在犯罪嫌疑人到案前后取证情况的分析可以发现,讯问的过程与结果对于侦查的推进具有重要的线索功能。侦查人员对犯罪嫌疑人到案之初、被羁押之前这一阶段的讯问频率与时间长度都能够反映出这一阶段上讯问之于侦查的重要意义。而对犯罪嫌疑人被拘留、逮捕后的讯问所具有的侦查线索功能则显得较弱,特别是其被拘留或逮捕后24小时之内的讯问更多的只具有一种程序意义上的功能。

Analyzing the information of collecting evidence before and after the suspects appears in court drawn from the sampling dossiers and obtained by investigation organ, we can find the process and results of interrogation has an important clue function to the promotion of criminal investigation. Both the frequency and the lasting time of interrogation after the suspects＂ appearing in court and before his being custodied reflect the importance of interrogation to criminal investigation. The clue function of interrogation seems slighter after the suspects＂ being arrested or custodied, especially the interrogation within the 24 hours after the arrest or custody, which only has some procedural function.