强制性讯问录音录像推定规则

发布时间：2018-11-23 09:53

【摘要】：讯问录音录像具有保障讯问活动规范实施和固定犯罪嫌疑人供述的双重功效,但实践中存在录音录像选择性录制和提供的困境。因此,必须对违反强制性录音录像要求所获供述的证据能力及审查、认定、排除程序等作出规范,以此来保证录音录像价值的实现。考虑到拒不提供录音录像与以刑讯逼供等非法方法收集证据之间的高伴生性关系,可以通过推定规则的设计来实现这一目的。讯问录音录像推定规则创制后,能够达到维护法律实施及其内在正当性、统一司法实践的裁判标准、促使讯问活动与录制过程严格依法、保障程序性裁判结论与实体性裁判结论的准确等多个目的。在适用推定规则时,要注意基础事实由法官依职权启动或由被告人举证、充分保障控诉方反驳的权利,同时对推定规则中争议事实及反驳事实设定科学的证明标准。
[Abstract]:Audiovisual recording of interrogation has the dual effect of ensuring the implementation of interrogation activities and fixing the confession of criminal suspects, but in practice there is the dilemma of selective recording and providing of audio and video recordings. Therefore, it is necessary to regulate the evidence ability and examination, determination and exclusion procedure of the confession obtained in violation of the mandatory audio and video recording requirements, so as to ensure the realization of the value of the audio and video recording. In view of the high associated sexual relationship between the refusal to provide audio and video recordings and the collection of evidence by illegal methods such as extortion of confessions by torture, this can be achieved through the design of presumption rules. After the establishment of the rules for the presumption of audiovisual recording of interrogations, it can maintain the implementation of the law and its inherent legitimacy, unify the judgment standards of judicial practice, and urge the interrogation activities and recording process to strictly abide by the law. To ensure the accuracy of procedural and substantive conclusions. In the application of the presumption rule, attention should be paid to the fact that the basic facts are initiated by the judge ex officio or the defendant to give evidence, to fully protect the right of the prosecution to refute, and at the same time to set a scientific standard of proof for the disputed facts and the rebuttal facts in the presumption rules.
【作者单位】：中国人民大学法学院;
【分类号】：D925.2

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