行政机关收集的证据在刑事诉讼中的运用

Use of Evidence Collected by Administrative Organ in Criminal Procedure

《刑事诉讼法》规定行政机关收集的证据材料可以在刑事诉讼中作为证据使用,其所指的是实物证据而非言词证据,应包括勘验笔录和现场笔录。这些证据材料欲成为定案证据,需经过关联性、客观性和可采性的审查,尤其是证据的鉴真审查。判断行政机关收集证据程序的合法性,应与侦查机关收集证据程序适用不同标准,审慎适用排除规则,对由此带来的侦查机关通过行政机关"借壳"取证的可能性也应有充分的警惕。

It is written in the criminal procedure law that evidential materials collected by administrative organs can be used in criminal procedures. But such evidence refers to only physical evidence rather than verbal evidence, which includes records of inquests and examination, as well as records made on the scene. Before being used as final evidence, these materials shall be examined for their relevancy, objectivity, admissibility, especially authentication. Different standards for reviewing legitimacy of the evidence collecting process should be conducted for administrative organs and investigation organs and moreover the exclusionary rule should be cautiously applied. Further more, being fully alert to the possibility of investigation organs making use of administrative organs to collect evidence is also needed.