技术侦查证据应用的理论与实践

On Application Theory and Practice of Evidence of Technical Investigation

2012年刑事诉讼法修正案专门增加了技术侦查措施一节,并规定了通过技术侦查措施获取材料可以作为证据使用,但技术侦查证据应用的具体规则和制度,刑事诉讼法和相关司法解释并未明确。证据是刑事诉讼的核心,技术侦查证据的应用关系到技术侦查措施惩治犯罪功能的发挥,因此,立法应从证据收集、审查判断、应用程序等方面,进一步完善技术侦查证据应用制度。

In 2012, the amendment to the Criminal Procedure Law specifically added the chapter of the technical investigation measures which shows that, the data obtained through technical investigation measures can be regarded as legal evidences. As to the practical rules and system, the criminal procedure law and relevant judicial explanation has not entirely clear on that. Evidence is the core of the criminal procedure, the application of the technology investigation is related to the function of the technical investigation measures to punish the crime. Therefore, it should be further improved from aspects of evidence collection, review and judgment, and application program.