论刑事侦查中的命令提交电子证据措施

命令提交电子证据是刑事侦查中一种特殊的证据收集措施,是由侦查机关依照法定程序命令有关单位和个人提交与案件相关的电子数据,与搜查、扣押措施相比,它能更有效地、迅速地获取电子证据,同时最大程度地保障人权,但是其适用也有一定的限制条件。欧洲理事会《关于网络犯罪的公约》中的提交令措施是该公约缔约国设置本国的命令提交电子证据措施的最低立法标准,通过将其与我国的调取证据制度进行比较,可以借鉴其成功之处,以完善我国相关立法。

On the Measures of Ordering to Offer Electronic Evidence in Criminal Investigations

Ordering-to-offer-electronic-evidence is one of the special measures in criminal investigation to collect evidences. It is applied by investigation organizations through legal procedures to order concerned units or personnel to provide electronic information related to certain cases. Compared with searching and distress measures, ordering-to-offer-electronic-evidence measure is more efficient to acquire electronic evidences. It can also effectively safeguard human rights. However, the applying of ordering-to-offer-electronic-evidence also has its limitations. The present order set in the Cyber Crime Pact by European Council is the basic legal standard for signed countries to order to offer electronic evidences in those countries. We can compare our evidence-collecting system with this order so as to improve our correspondent legislation with the positive elements drawn from it.