英国的讯问同步录音录像制度及对我国的启示

Recorded and Videotaped Interrogations in the Great Britain and Their Enlightenment

我国司法实践部门正在逐步推行讯问同步录音录像制度,《刑事诉讼法(修正草案)》也规定讯问严重案件犯罪嫌疑人应当同步录音录像。作为讯问同步录音录像制度的发源国,英国经过长达20多年的论争和反复试验,最终才于1988年建立了讯问录音制度。2002年,英国又通过《警察与刑事证据法守则F》建立了讯问录像制度。《警察与刑事证据法守则F》根据讯问录像制度的运作机理,确立了许多不同于讯问录音制度的规则和程序要求。英国建立讯问同步录音录像制度的经验给我国以下启示:建立和推行讯问录音录像制度必须获得侦查人员的支持;该制度预期功能的发挥要求建立严密的监督机制;应保障辩护方对录音录像有充分的程序参与权。

Contemporaneously recorded and videotaped interviews are gradually assumed in criminal investigation and the Draft of the Amendment to the Criminal Act of the PRC also provides that recorded and videotaped interrogations be given to the suspect of a felony. Being the first country employing recorded examination, the Great Britain, over 20 years controversies and experiences, established at last the recorded interrogation system in 1988. In 2002, it passed the Police and Criminal Evidence Act（ Code F）which established the videotaped interrogation. In the Act, in the light of the working features of videotapes, a variety of videotaped interview principles and procedures are laid down which differ to some extent from those of recorded interrogation. The experience of the Great Britain in establishing the recorded and videotaped examinations enlightens us that while setting up the institution, we must win the support of the interrogators. Further, a rigid supervision system is required to be established and the defense is fully entitled to participate in and access to recorded and videotaped interviews.