On the Code of Criminal Procedure illegal evidence exclusion rules applicable（代碼的刑事訴訟非法證據(jù)排除規(guī)則適用）

1、 On the Code of Criminal Procedure illegal evidence exclusion rules applicable Abstracts of the new Criminal Procedure Law clearly specifies the scope of the illegal evidence exclusion rules, illegal evidence using illegal collection procedures and methods to obtain evidence. Illegal evidence exclus

2、ion rules applicable to the main body has extensive Illegal Testimonial evidence and physical evidence applicable the exclusionary rule. applicable procedures should be further refinement. responsibility of the procuratorial organs bears illegal evidence results, the standard of proof should be to a

3、chieve a degree of reasonable doubt. responsibility of the suspect, the accused party bears illegal evidence presented evidence, only need to reach the level of reasonable doubt can. Paper Keywords illegal evidence exclusion applies prove the new six provisions of the Code of Criminal Procedure ille

4、gal evidence exclusion rules, non-50,54,55,56,57,58 Do These provisions build a system of illegal evidence exclusion original illegal evidence exclusion rules is to be in the judicial interpretation of the provisions of the new Code of Criminal Procedure will be illegal evidence exclusion rules spec

5、ified by the effectiveness of the judicial interpretation raised to the level of the Code of Criminal Procedure. Meanwhile, the new Code of Criminal Procedure of illegal evidence exclusion rules provisions of a more comprehensive and specific. illegal evidence to rule out the establishment of the ru

6、le is an important manifestation of the respect and protection of human rights, but also reflects the attention of the Code of Criminal Procedure in the pursuit of real entities, while the value of the program following the provisions of the new Code of Criminal Procedure illegal evidence exclusion

7、rules applicable analysis as follows: A range of illegal evidence As the name suggests, the illegal evidence exclusion required by the rules of evidence must be no legal evidence that is illegally obtained evidence must be no legal evidence. Illegal evidence and legal evidence is not the same concep

8、t, the author believes that the the illegal evidence does not mean it does not legal evidence, illegally obtained evidence is just one of the illegal evidence. legality of the evidence is one of the basic properties of the evidence, the evidence must have legal form by the statutory body in accordan

9、ce with legal procedures to collect and use. legitimacy including the contents of the four areas, the evidence must have legal form, provided the main body of the collection of evidence must be legitimate, must be legal evidence, the evidence must be collected in accordance with legal procedures. il

10、legal evidence is only referring to the evidence for the program and the way the is unlawful and illegal evidence referred to evidence of serious violations, the evidence of minor offenses, are defective evidence, the exclusionary rule applicable correction. << >> 54 of the Code of Crimi

11、nal Procedure provides that the use of torture and other illegal methods collection of the suspect, the confession of the accused and the use of violence, threats and other illegal methods to collect the testimony of witnesses, victims statements, should be excluded. collect evidence, documentary ev

12、idence does not meet the statutory procedures, could seriously affect the administration of justice, shall be corrected or make reasonable explanation can not be corrected or make a reasonable explanation of the evidence should be excluded. seen under the new Code of Criminal Procedure illegal evide

13、nce is the forensics program and get serious illegal evidence. within the meaning of the illegal evidence and not legal evidence is not the same concept. the illegal evidence for illegal evidence exclusion rules and other legal evidence should be excluded or correction applies the other way. Second,

14、 the illegal evidence exclusion rules applicable body Applicable to the main body of the illegal evidence exclusion rules established by the new Code of Criminal Procedure, including investigation, prosecution, court handling the case provided for in paragraph 2 of the Criminal Procedure Law 54, in

15、the investigation, examination and prosecution, the trial found that the evidence should be excluded shall be excluded, shall not be used as the basis for prosecution views, prosecution decisions and judgments. prosecutors and investigators is also illegal evidence exclusion rules applicable to the

16、main prosecutor here, including a review of the arrest stage also includes the prosecution phase of the prosecutor illegal evidence exclusion rules apply to the breadth of the subject has an important role in the efficiency of the proceedings, to protect the suspect, the rights of the accused, the i

17、nvestigation stage with illegal evidence should be excluded immediately. Three different Illegal Oral Evidence with illegal physical evidence applicable exclusion rules The new Code of Criminal Procedure provisions for evidence of illegal words and illegal physical evidence, the exclusionary rule pr

18、ovides for direct exclusionary rule for evidence of illegal words, the provisions of the Judges Discretion plus compensation exclusion rules. Detailed words for illegal physical evidence, suspects identified for the use of torture and other illegal methods to collect evidence of illegal words, throu

19、gh legal procedures, and the confession of the accused and the use of violence, threats and other illegal methods to collect the testimony of witnesses, the victim stated, must be excluded. illegal physical evidence (documentary evidence, physical evidence, first determine whether serious impact on

20、the course of justice, such as not belonging to seriously affect the administration of justice is not to be excluded. seriously affect the course of justice, the need to further its correction and explain, and then by referee corrections and explain the situation to determine if corrections or reaso

21、nable explanation not be ruled out, if you can not make corrections or reasonable explanation, be excluded. for illegal physical evidence needed twice after the referees judgment to the exclusion. Links to free papers Download Center Illegal evidence exclusion rules applicable pr

22、ocedures Code of Criminal Procedure of the new << >> 54, paragraph 2, in the investigation, prosecution, trial, found that the evidence should be excluded, shall be excluded comments may not be used for prosecution, prosecution decisions and judgments based on. 56 provides that the court

23、 process, judicial personnel considers there may be stipulated in Article 54 of this Law by illegal methods to collect evidence of the circumstances, should the court investigating the legality of the collection of evidence. parties and their agent ad litem is entitled to apply to court to illegal m

24、ethods to collect evidence in accordance with the law be excluded. apply to exclude evidence gathered illegally, should provide clues or material of the two outlines the illegal evidence exclusion rules applicable procedures that judicial The organs of self-discovery and self-exclude, second parties

25、 to apply to the court to exclude I believe that illegal evidence exclusion rules applicable procedures should also be further refined by judicial interpretation, clearly illegal evidence exclusion rules established one case actually makes There may be three different trial procedures, the first con

26、viction program, on the hearing of the facts and the law applicable, the resolve of the defendants conviction on the substantive law, the second sentencing procedure, the defendant should be sentenced to how penalty procedures, is illegal evidence exclusion program the new Code of Criminal Procedure

27、 provides that a pre-trial conference program, I believe that the solution to the illegal evidence, the emphasis should be placed in pre-trial proceedings, because the illegal evidence to go to trial, you may After the trial program suspended, affecting the efficiency of the trial after one party in

28、 a lawsuit to the court for the application of the illegal evidence exclusion, either party shall provide the evidence or clues, the court received the illegal evidence exclusion apply that illegal procuratorial organs evidence possible, they should be required to provide relevant evidence to prove

29、that the evidence was not made illegal, then the court to determine the date of convening the pre-trial proceedings, the prosecutor and the accused party to participate in the case, the court investigation on illegal evidence, and to make such decision in the court, the parties to apply, the court u

30、pon examination that reasonable and generally should discontinue the trial court entity, specifically on the illegal evidence to proceed with the hearing. whether pre-trial proceedings or court proceedings, refused to accept the decision of the illegal evidence the peoples court at the next higher l

31、evel, all you can file a complaint on a Peoples Court on illegally obtained evidence to the trial stage, the original trial aborted. above program go to trial on illegal evidence in the investigation in accordance with the provisions of the new Code of Criminal Procedure, and the stage of investigat

32、ion and prosecution, should the exclusion of illegally obtained evidence, I believe that the arrest in the review stage and the prosecution phase, because of the intervention of the procuratorial organs, conditionally applicable triangle the Criminal structure, the center referee, by the prosecution

33、, the public security organs and crime suspect party debate on illegal evidence. decision by the prosecution, the suspect refuses to accept the party decided not to exclude, in a lawsuit to the court. investigation stage, illegal exclusion of evidence, I believe that should be taken to the prosecuto

34、rs involved. suspects party illegal evidence exclusion apply to investigative organs do not get and exclusion decisions can be made to the prosecution, the decision by the prosecution that the evidence should be excluded. investigative organs, the the procuratorial organs themselves found illegal ev

35、idence, I think, should be notified of the suspect, the defendant can not simply be ruled out that the evidence directly. because the suspect, the accused party is entitled to know what evidence have been illegally acquired, not be excluded, as well as reasons for not excluded, even if the evidence

36、be excluded, the suspect, the accused party should be aware of, because the evidence illegally acquired may also be related to the legitimacy of the other evidence, as well as the whole investigation procedure appropriate and should therefore be in the criminal suspect or defendant party participati

37、on. Five, the burden of proof of illegal evidence The provisions of Article 56, paragraph 2, of the the new << Code of Criminal Procedure >>, the parties and their agent ad litem is entitled to apply to court to be excluded in accordance with the law of evidence gathered illegally. Apply

38、 to exclude evidence collected illegally. should provide clues or material to the provisions of Article 57, paragraph 1, in the process of investigating the legality of the collection of evidence, the Peoples Procuratorate shall be to prove the legality of the evidence collected. these two provision

39、s proof of illegal evidence exclusion responsibility a party have the responsibility to present evidence, the parties presented the evidence system illegal methods to collect evidence and clues, are not required to achieve the degree of reasonable doubt, you only need to reach to doubt should provide some evidence and clues procuratorial organs should prove that the evidence is not illegal methods to collect the procuratorial organs bear p