检察环节非法证据排除规则的司法适用

Judicial Application of Exclusion Rule of Illegal Evidence in Procuratorial Part

检察机关的非法证据排除是一种体现其法律监督职能的前置排除,即在审查批捕和审查起诉环节阻止非法证据进入审判程序。此阶段适用的排除原则是:对于非法的言词证据应当绝对排除;对于非法的实物证据应当裁量排除;对非法证据的衍生品——毒树之果,应当依法排除。

The exclusion of illegal evidence of procuratorial organs is a pre - exclusion reflecting the responsibility of legal supervision, whieh is to prevent the illegal evidence into trial procedure during investigation and prosecution. The exclusion rules applied at this stage are that illegal verbal evidence should be absolutely ruled out, illegal physical evidence should be excluded with discretion, and the derivatives of illegal evidence the fruit of the poisonous tree, should be excluded by law.