侦查中笔录类瑕疵证据探析

A Probe on the Flaws of Records- alike Evidence in Investigation

公安实践中,笔录类瑕疵证据主要表现是笔录要件如时间、地点、参加人等存在瑕疵,笔录记载的侦查程序存在瑕疵,笔录内容存在实质瑕疵等。瑕疵证据规则是在非法证据排除规则之外探索出来的新方法,是对违反法律程序情况的一种挽救,但切不可把它理解为对基本证据规则的动摇和对违反行为的纵容。公安机关要提高自身的取证水平,通过一系列配置措施的实施减少瑕疵笔录的出现。同时,对出现的瑕疵笔录通过合法、合理的手段予以转化。

In public security practice, the flaws of records - alike evidence mainly include the flaws in the essential elements of records, namely, time, place, participants, etc. , the flaws in investigation procedures, the flaws in the content of records and so on. The principle of evidence with flaws is a newly -found method excluding the principle of illegal evidence and is a remedy to illegal procedures. However, the principle of evidence with flaws shall not be considered as a tolerance to illegal acts and a shift from the principle of basic evidence. Public security organs shall improve the capacity of evidence collection by means of a series of allocation measures to re- duce the occuITence of records with flaws. Meanwhile, the appeared evidence with flaws shall be changed via legal and reasonable means.