检察机关排除非法证据:从自由证明到严格证明

On the Exclusion of Illegal Evidence by the Procuratorial Organs: From Free Proof to Strict Proof

检察机关排除非法证据必须要无缝对接到侦、捕、诉、审等诉讼环节,因为其属于程序性争点以及审判前环节可以采用自由证明的方法,但是由于我国司法机关权力的整体特色和检察机关的法律监督地位而谨慎采用严格证明方法也更加合理,具体有书面审查、口头审查和调取、审查讯问录音录像等方式。检察机关排除非法证据的办案机制以承办人主办、部门讨论和主管领导决定为主,同时还有上下级和部门之间的协作机制。检察机关排除非法证据在监督和控诉的不同方向可能会激化检警冲突和检法冲突。

Exclusion of illegal evidence by the procuratorial organs must be seamless link with procedural stages of investigation,arrest,prosecution and trial because it is referred to as procedural issues and the pre- trial step. Thus it can adopt the method of free proof,but owning to the overall entity of three judicial authorities and legal supervision status of procuratorial organs in China,it is reasonable to cautiously adopt strict proof method,specifically by means of written examination,oral examination,and of obtaining,reviewing the video- audio recording of interrogation and so on. The working mechanism of procuratorial organs ＇ exclusion of illegal evidence gives priority to having the undertaker to charging,the department discussing and the manager deciding,adding collaborative mechanism between supervisors and subordinates,among different departments as a supplement.Procuratorial organs＇ excluding illegal evidence in direction to the supervision or accusation may intensify the conflicts between prosecutors and police and between prosecutors and courts.