非法监听与证据排除

Illegal Monitoring & Evidence Exclusion

从程序正义的视角加以解读,非法监听主要有违反法定程序的秘密监听、他案监听、附带监听和一方当事人监听等表现形式。其中,违反法定程序的秘密监听与他案监听系两种典型的非法监听行为,其所获资料应予排除,不具有证据能力。附带监听和一方当事人监听在程序上也存在瑕疵,其所获资料是否具有证据能力,需要区分不同情况予以处理。

Looking from the perspective of procedural justice, illegal monitoring mainly includes illegal monitoring violating legal procedures, monitoring as to the other case, accessory monitoring, etc. Among them, illegal monitoring violating legal procedures and monitoring as to the case are two typical types of illegal monitoring ,and information obtained by them should be excluded, and can not be admitted, there are also flaws in accessory monitoring, and illegal monitoring by one party, the information obtained by them can be admitted or not depends on different situations.