同步录音录像环境下职侦审讯的合法性问题

The Legality of Occupational Crime Interrogation under Synchronous Sound-recording and Video-recording Condition

自检察机关在全国范围内实行审讯时同步录音录像制度以来,职务犯罪侦查审讯的合法性得到了较好的保障。但在该制度运行实践中,审讯的合法性问题却并没有得到彻底解决,《刑事诉讼法》第50条、第54条也因多种原因而没有得到很好的贯彻。一方面,刑讯逼供隐藏在同步录音录像的背后继续存在,并不容易被发觉,在现有的制度体系下尚无法有效根治;另一方面,威胁、引诱、欺骗以及其他非法的审讯方法即使暴露在镜头下,也不能因此直接依据非法证据排除规则而否定审讯笔录的合法性。为此,即使同步同步录音录像记录下法律所禁止的这些非法的审讯方法,但实务中并不可能采取一刀切的方式对所获笔录全部排除,而应当在规定特定标准的情况下肯定部分审讯的合法性。

Since synchronous sound-recording and video-recording system was carried out nation-wide by procuratorial organ, the legality of interrogation in the occupational crime investigation has been better safeguarded. However,this is not to say the legality of interrogation has been thoroughly solved,and Article50,54 of Criminal Procedure Law were not rightly implemented because of various reasons. On the one hand,torture remained there in the shadow of synchronous sound-recording and video-recording being not discovered easily,and there is no effective and radical cure to get out of it under the existing system. On the other hand,although they are exposed under the camera,the legality of interrogative records by using threat,seduction,cheating and other illegal interrogative measures cannot be negated according directly to exclusionary rule of illegal evidence. Therefore,although such illegal interrogative measures prohibited by law were recorded by synchronous sound-recording and video-recording,it is impossible to exclude all the interrogative records. The legality of a portion of interrogation should be positively accepted according to particular standards.