卧底警察所获犯罪嫌疑人陈述之证据能力探析——以与美国判例的比较、借鉴为视角

On Evidence Ability about the Statement of Suspects Which is Found by Undercover Police——On the View of Comparison of the Case of the United States

卧底警察通过"同囚"与伪装犯罪嫌疑人之朋友的方式获取的犯罪嫌疑人陈述具有证据能力,而通过伪装成与犯罪嫌疑人具有特殊关系的人员获取的犯罪嫌疑人陈述则不具有证据能力;在卧底中通过监听的方式获取的犯罪嫌疑人陈述是否具有证据能力,视不同情况而定。

The statement of suspects which is found by undercover police by disguising the prisoners and the friends of criminal suspects has the competence of evidence. But the statement of suspects has no competence of evidence which is found by undercover police through disguising the person who has the special relationship with criminal suspects. Wether the statement of suspects which is found by undercover police by monitoring has the competence of evidence depends on different situations.