纪检口供的证据效力及其转化

On the Evidence Validity of the Confession Out of Discipline Inspection and Its Transformation

当前,在查办国家工作人员职务犯罪案件中可否以纪检口供直接定案,成为司法实践中十分棘手的问题。根据现行立法及有关证据学理论,纪检口供并不具有刑事诉讼的证据能力。不能直接作为刑事诉讼证据。实践中,司法机关一般是通过一定方式对纪检口供进行转化,使之成为刑事证据,并作为起诉和定案的根据。在纪检口供转化的过程中,由于相关法律、司法解释的缺位,司法人员只能依靠个人的学识和经验进行,因而主观随意性比较大,从而造成各地司法机关在具体做法上不够统一。要解决这一司法难题,必须对纪检口供的效力及其转化问题进行深入研究。

At present, there is a thorn problem in actual judicial practice, i.e., whether to directly decide on a verdict according to the confession out of discipline inspection into the state functionary who commits a crime by taking advantage of the duty. According to the present laws and relevant theories of evidence study, the confession out of discipline inspection doesn＇t have the evidence vahdity of criminal prosecution, and it can＇t be direedy used as the evidence of criminal prosecution. In practice, the judicial organ usually transforms the confession out of diseiphne inspection into the criminal evidence in a specific way and then takes it as the base of prosecution and verdict. In the transformation of the confession out of discipline inspection, the judicial personnel, due to the vacancy of relevant laws and judicial explanations, has to conduct the transformation only according to his own knowledge and experience, so there leaves room for subjectivity, which leads to the inconsistencies in the detailed transformation by local judicial organs. To solve this judicial problem, it＇s necessary for people to make a learned study into the evidence validity of the confession out of disciphne inspection and its transformation.