庭审翻供的讯问取证对策研究

A Study on the Countermeasures of Interrogation and Evidence Collection in Court Trial

近年来,翻供尤其是庭审翻供是刑事司法实践中较为突出的一个问题。翻供不仅增加了审查判断证据和准确认定事实的难度,而且不利于惩罚和教育改造犯罪行为人。庭审翻供的主要原因可从公安机关办案人员、犯罪嫌疑人供述主观心理、羁押场所监管问题及律师辩护等四个方面进行分析,应从庭审翻供的主要源头即侦查阶段的讯问取证方式方面采取措施预防庭审翻供,为庭审中证据审查以及证据稳定性提供保障。

In recent years,retraction of confession,especially in court trial,is a prominent problem in criminal judicial practice.Recanting a confession not only makes it more difficult to examine and judge the evidence and accurately determine the facts,but also does not help to punish and educate the perpetrators of crimes.The main reasons for the retraction of the confession in court trial can be analyzed from four aspects:the investigators,the subjective psychology of the suspect's confession,the supervision of the place of custody,and the lawyer's defense.It is necessary to prevent and deal with the retraction of confession in court from the main source of the retraction of confession in court,that is,the way of obtaining evidence in the investigation stage,so as to guarantee the examination of evidence and its stability.