强奸案件审讯研究

Research on the Interrogation of Rape Cases

强奸案件因其复杂的证据架构和易变的言词证据,经常出现犯罪嫌疑人翻供、被害人改变证词、证据链条不完整等情况,成为审讯实践中的老大难问题。强奸案件的审讯极具复杂性,当前这种审讯对策研究较为匮乏,因此必须深化强奸案件审讯对策的研究。强奸案件的审讯要求包括在审讯之前,做好犯罪事实和证据的认定、收集工作;在案件性质认定上把握好罪与非罪以及强奸与强制猥亵、侮辱妇女罪的差异。强奸案件的审讯对策主要包括熟悉案件材料,制定讯问对策;注重讯问细节,获取隐性证据;询问被害人应讲究方式方法;广泛收集证据,准确认定犯罪;适时使用证据,巧妙利用暗示,及时揭露狡辩;注意合理化策略的使用。

Due to its complicated evidence structure and mutable testimony, rape cases often appear the situation of confession by criminal suspects, change of the testimony by victims, insufficient evidence chain of evidence and so on, has gradually become the great difficulty in the practice of interrogation. The interrogation of rape cases is extremely complex, meanwhile the research on interrogation tactics of rape cases is relatively lacking, it’s necessary to deepen the research. The interrogation requirements of rape cases include identifying and collecting criminal facts and evidence before interrogation, grasping the difference between crime and non-crime, rape and compulsory indecency and insult to women in the determination of the character of case. The interrogation tactics of rape cases mainly include researching the materials of cases, formulating the tactics, paying attention to the details of interrogation and obtain covert evidence, questioning the victims should pay attention to ways and means, wide collection of evidence to accurately identify crimes, timely use of evidence and clever use of hints to disclosure lies, and use rationalization strategy.