讯问录音录像制度的价值及其实现

Institutional Value and Functional Realization of Audio and Video Recording in Interrogation

讯问录音录像具有保障讯问过程合法性、防止恶意翻供的程序价值,以及证明案件事实的实体价值。然而,其程序价值受到非法证据排除规则自身与运行环境的双重束缚,其实体价值因自身证据属性的立法阙如而长期被忽视。实践中,有的讯问录音录像存在恶意剪裁、不当公开等潜在的风险。堵不如疏,与其否认信息量更大、真实性更强的讯问录音录像的证据资格,不如通过律师保密义务、限制旁听、屏蔽关键信息等措施来消除讯问录音录像的负面效应。

The audio and video recordings in interrogation have the procedural value of ensuring the legitimacy of the interrogation process,preventing malicious retraction of confessions,and the substantial value of proving case facts. However,its procedural value is bounded by the illegal evidence exclusion rule itself and the operating environment,while its substantive value has been neglected for a long time due to the lack of legislation on its own evidence attributes. Compared with transcripts, audio and video recordings in interrogation can avoid the distortion of confessions and defenses. The audio and video recordings in interrogation that exert procedural value are audio-visual materials,while those that exert substantial value are confessions and defenses. Although there are some potential negative effects like malicious clipping or improper disclosure in audio and video recordings in interrogation,it is better to eliminate them through measures such as emphasizing on confidentiality obligations of lawyers,sit-in restriction or key information shielding instead of denying the evidence qualifications of interrogation audio and video recordings with more information and more authenticity. All in all,guiding is better than forbidding.