技侦证据在刑事审判中的适用及完善建议

发布时间：2018-06-07 10:19

本文选题：技侦证据 + 适用　；参考：《法律适用》2017年11期

【摘要】：新刑诉法实施多年来,技侦证据仍未进入法庭质证程序,审判人员在庭外对技侦证据进行核实,也妥协为增强内心确信去技侦部门查阅材料,导致立法超前、实践脱节的困境。本文针对侦查水平尚需提高、技侦证据一步到庭存在困难等现状和问题,提出强化程序、技侦审批手续完备、合法,以审批手续与转化材料搭配适用为主、直接适用为辅,裁判时对技侦证据最后适用与有限适用相结合,对技侦证据以庭审质证为主、庭外核实为辅,对技侦证据的适用应限于重大犯罪案件的裁判等完善建议。同时,结合案件事实、证据情况,提出技侦证据适用的三个层次,即直接适用、补强适用、为查明关键情节事实的适用。
[Abstract]:Since the implementation of the new Criminal procedure Law for many years, the technical investigation evidence has still not entered the court cross-examination procedure, and the judges have verified the technical investigation evidence out of court, and compromise is also made to strengthen the inner confidence of the technical investigation department to consult the materials, leading to the dilemma of legislation leading to the practice disjointing. In view of the present situation and problems such as the need to improve the level of investigation and the difficulty of the technical investigation evidence coming to court in one step, this paper puts forward the following points: strengthen the procedure, complete the examination and approval procedure of technical investigation, be legal, mainly apply the examination and approval procedure with the conversion material, and make the direct application as the supplementary. In the judgment, the final application of technical investigation evidence is combined with the limited application, the trial cross-examination is the main part of the technical investigation evidence, the verification out of court is auxiliary, and the application of the technical investigation evidence should be limited to the judgment of the major crime case. At the same time, according to the facts of the case and the circumstances of the evidence, the paper puts forward three levels of the application of the technical investigation evidence, that is, the direct application, the reinforcement application, and the application of the facts in order to find out the key circumstances.
【作者单位】：北京市第二中级人民法院刑一庭;
【分类号】：D925.2

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