侦查行为录音录像的多元功能及其运用

Multiple Functions and Application of Recording and Video Recording of Criminal Investigation

我国的法律、司法解释、规章和其它规范性文件要求对多种侦查行为进行录音录像,但侦查行为录音录像的功能尚未被完全认识。侦查行为录音录像除了防止侦查人员非法取证之外,还具有多元的功能,包括作为证明力审查的辅助证据、保障当事人的质证权、提高诉讼效率。由于具有这些多元的功能,侦查行为录音录像应当随案移送;辩方也可查阅、复制侦查行为录音录像,但在特定情形下可对查阅、复制的范围有所限制;侦查行为录音录像必须经过庭审举证、质证后才能用作定案的根据,但根据具体情况,可以转为不公开质证,或对录音录像进行技术处理之后再质证,如果录音录像不宜向被告人透露,也可以由法官进行庭外的单方核实。

China's laws,judicial interpretations,regulations and other normative documents require recording and video recording multiple investigative actions.However,the function of recording and video recording of criminal investigation has not yet been fully understood.In addition to preventing investigators from illegally obtaining evidence,the recording of criminal investigation acts has multiple functions,including the prevention of false evidence,the protection of the party's cross examination right and the improvement of litigation efficiency.As a result of these multiple functions,the recording of investigative action should be transferred with the case,and the defense can also access and copy the recording of investigative action.However,in certain circumstances,the scope of access and duplication can be limited.The recording and video recording of criminal investigation must be carried out after court trial and cross examination.However,according to the specific circumstances,the examination can be transferred to non disclosure,or after processing the recording and video.If the recording and video recording is not suitable to be disclosed to the defendant,the court may also check out the case unilaterally by the judge.