《联合国反腐败公约》与我国《刑事诉讼法》的修改

United Nations Convention Against Corruption and the Modification of Criminal Procedure Law of the PRC

通过《刑事诉讼法》的修改,贯彻落实《联合国反腐败公约》的各项原则和制度是我们的国际义务。为此,刑诉法修改并完善包括不强迫自证其罪、非法证据排除、律师提前介入、"亲亲得相隐匿"、加强证人保护等在内的"正当法律程序原则",允许在腐败案件侦破中采用"控制下交付"和"特工行动"等特殊侦查手段,建立对腐败案件涉案财产的缺席审判制度,对腐败犯罪主观状态进行推定和确立对巨额财产来源不明的举证责任倒置规则,建立了"污点证人"制度。

It is China’s international responsibility to carry out the principles and regulations of United Nations Convention Against Corruption. During the modification of Criminal Procedure Law of the PRC, it is strongly suggested that due process of law be established according to United Nations Convention Against Corruption. Accordingly, the following principles should be taken into consideration: the privilege against self-incrimination, exclusion of illegal evidence, lawyers’intervention in advance, tolerating and concealing between kinfolks, effective protection for witness, etc. Besides, special investigative techniques such as delivery under control and undercover investigation, absence trial system, presumption of subjective elements of a crime, onus proof conversion as well as spot witness system should not be ignored.