犯罪心理测试程序规范化研究——刑事诉讼的角度

Research on Procedural Standardization of Criminal Psychological Test --From the Angle of Criminal Procedure

犯罪心理测试作为科技发展的一项成果,在许多国家刑事诉讼中已经得到运用,也显示了其作用。我国自引进这项技术以来在司法实践中产生了一定的效果,但在理论上仍存在着较大争议。我国目前并无对犯罪心理测试的明确法律规范,也就使得其实施虽然是在刑事诉讼过程中进行的,但同时又缺乏相应的程序规范。这是与程序法治所格格不入的,必须从诉讼法的角度对其应用程序进行规范。

As an achievement of the development of science and technology, criminal psychological test has been adopted by criminal procedure and has played its role in many countries. Though this technique has had some effect in the judicial practice since it was introduced into our country, there are some disputes in theory. There are no explicit statutes on criminal psychological test, which is incompatible with the rule of procedural law. So the application procedure of criminal psychological test must be standardized from the perspective of procedural law.