试论审查起诉环节对证据合法性的审查

近年来,随着尊重和保障人权的司法理念深入人心,以刑讯逼供等方式非法取证现象虽有明显改善,但实践中仍在很大范围内存在非法取证现象,造成这种现象的原因是深层次和多方面的。对证据的合法性进行审查是检察机关审查起诉工作中的重中之重,其对于排除非法证据、保证案件质量、防范冤假错案以及维护当事人的合法权益等方面具有重要的现实意义。     

Understanding parrot trafficking between illicit markets in Bolivia: an application of the CRAVED model

The CRAVED model has been used to understand theft variation in a whole host of hot products, including wildlife. Past research, however, has only applied the model at either the theft or illicit market stage to understand why particular products are stolen in high numbers. The CRAVED model has yet to be applied to the trafficking stage of hot products smuggled between illicit markets and, therefore, its applicability at this particular stage remains unknown. Using secondary data from the Los Pozos wildlife market in Santa Cruz, Bolivia, this study applies the CRAVED model to explain why parrot species are trafficked between illicit markets in Bolivia. This research finds that species that are more “available” and less “valuable” are more likely to be trafficked between illicit markets, suggesting that variation at the trafficking stage of the parrot trade can be explained by nearly the same CRAVED concepts as they do at the poaching stage. This study also finds that one-quarter of parrots in the Los Pozos market are trafficked to other cities, of which 99% are to the city of Cochabamba. These findings suggest that shutting down illicit markets and patrolling major roadways between cities can substantially reduce the illegal parrot trade.     

Characterization of Printing Inks Using DART‐Q‐TOF‐MS and Attenuated Total Reflectance (ATR) FTIR

The rise in improved and widely accessible printing technology has resulted in an interest to develop rapid and minimally destructive chemical analytical techniques that can characterize printing inks for forensic document analysis. Chemical characterization of printing inks allows for both discrimination of inks originating from different sources and the association of inks originating from the same source. Direct analysis in real‐time mass spectrometry (DART‐MS) and attenuated total reflectance Fourier transform infrared spectroscopy (ATR‐FTIR) were used in tandem to analyze four different classes of printing inks: inkjets, toners, offset, and intaglio. A total of 319 samples or ~ 80 samples from each class were analyzed directly on a paper substrate using the two methods. DART‐MS was found to characterize the semi‐volatile polymeric vehicle components, while ATR‐FTIR provided chemical information associated with the bulk components of these inks. Complimentary data results in improved discrimination when both techniques are used in succession resulting in >96% discrimination for all toners, 95% for all inkjets, >92% for all offset, and >54% for all intaglio inks.     

A Novel Forensic Tool for the Characterization and Comparison of Printing Ink Evidence: Development and Evaluation of a Searchable Database Using Data Fusion of Spectrochemical Methods

A searchable printing ink database was designed and validated as a tool to improve the chemical information gathered from the analysis of ink evidence. The database contains 319 samples from printing sources that represent some of the global diversity in toner, inkjet, offset, and intaglio inks. Five analytical methods were used to generate data to populate the searchable database including FTIR, SEM‐EDS, LA‐ICP‐MS, DART‐MS, and Py‐GC‐MS. The search algorithm based on partial least‐squares discriminant analysis generates a similarity “score” used for the association between similar samples. The performance of a particular analytical method to associate similar inks was found to be dependent on the ink type with LA‐ICP‐MS performing best, followed by SEM‐EDS and DART‐MS methods, while FTIR and Py‐GC‐MS were less useful in association but were still useful for classification purposes. Data fusion of data collected from two complementary methods (i.e., LA‐ICP‐MS and DART‐MS) improves the classification and association of similar inks.     

Evaluation of the Forensic Utility of Scanning Electron Microscopy‐Energy Dispersive Spectroscopy and Laser Ablation‐Inductively Coupled Plasma‐Mass Spectrometry for Printing Ink Examinations

Improvements in printing technology have exacerbated the problem of document counterfeiting, prompting the need for analytical techniques that better characterize inks for forensic analysis and comparisons. In this study, 319 printing inks (toner, inkjet, offset, and Intaglio) were analyzed directly on the paper substrate using scanning electron microscopy‐energy dispersive spectroscopy (SEM‐EDS) and Laser Ablation‐Inductively Coupled Plasma‐Mass Spectrometry (LA‐ICP‐MS). As anticipated, the high sensitivity of LA‐ICP‐MS pairwise comparisons resulted in excellent discrimination (average of ~ 99.6%) between different ink samples from each of the four ink types and almost 100% correct associations between ink samples known to originate from the same source. SEM‐EDS analysis also resulted in very good discrimination for different toner and intaglio inks (>97%) and 100% correct association for samples from the same source. SEM‐EDS provided complementary information to LA‐ICP‐MS for certain ink types but showed limited utility for the discrimination of inkjet and offset inks.     

An overview of seized illegal wildlife entering the United States

The current study analyses seizures made at US ports of entry between 2003 and 2013, with the aim to identify concentrations of illegal wildlife imports into the United States. Findings show that 94% of species seized belong to six groups – mammals, molluscs, birds, reptiles, fish and coral – with mammals and reptiles making up more than half of all seizure incidents. Additionally, most seized wildlife is imported as leather products, medicinal products and as meat. The majority of seizures emanate from six countries, and illegal wildlife is primarily brought to the US via airline baggage. Temporal trends of wildlife seizures point to increases in the seizures of all groups of species, with the exception of birds. Based on these findings, we recommend using situational crime prevention techniques at US ports of entry to reduce opportunities that enable this trade.     

三大部门法视野下阶层式犯罪体系之暗合研究

德日的刑法、民法与行政法皆明确区分违法和责任,形成了三大部门一致的违法(犯罪)构成体系。与四要件犯罪体系相比较,阶层式犯罪体系明确区分违法和责任,准确反映了刑法的内在体系,在判断过程的层次性、逻辑体系的周延性、犯罪客体、正当行为定位、违法阻却事由和责任阻却事由区分、保安处分等方面更有优势,具有实质合理性。我国刑法、民商法和行政法在立法、司法解释、司法判例等诸多方面均暗含着违法和责任的影子,默契支持着阶层式犯罪论体系。     

Technical Note: Analyzing the effect of repeated fusing on toner to examine printing alterations made by the same laser printer

With continuous innovations in laser printing technology, the number of cases of falsification using laser printers is increasing annually. Difficulties in identifying printing alternations, especially laser-printed alternations by the same printer are increasing. Effectively, repeated printing on the same page by the same printer means the original toner on the document was fused repeatedly. Thus, this study mainly investigates the effects of second fusing on the microscopic morphology of toner to examine whether documents have been tampered with. To detect the influence of fusing on the microscopic morphology of toner, 170 documents printed by 17 different models of laser printers from 5 brands were studied. It was found that, according to microscopic observations, the micrographs of toner may become brighter, darker or both with repetition of the fusing process. By calculating the average gray value of the micrographs of toner, it was found that, in some laser printers, the gray value of the thermoplastic accumulation area will increase after a second fusing, and the gray value of the toner particle dispersion area will decrease. In conclusion, by comparing the micrographs of toner from suspicious and reliable contents on the same page or in the same document, together with the measurement and analysis of average gray values, it is possible to examine the once- and twice-fused document contents, and further determine whether the document has been altered.     

非法储存爆炸物罪的刑法理论分析

理论界和实践部门对认定非法储存爆炸物罪存在不同观点,文章认为问题的产生与非法储存爆炸物罪的刑法理论研究不足有直接关系。刑法的价值与使命决定,刑法绝不能对不断发生的由于储存爆炸物发生的爆炸事故造成人民群众生命财产损失的情形熟视无睹,而要准确理解非法储存爆炸物罪,必须探析设立本罪的基本价值取向和主要功能诉求。     

私藏爆炸物治理对策

私藏爆炸物是严重威胁公共安全的违法犯罪行为,但由于利益驱动、涉爆从业单位管理措施不落实,有关部门发现、查处、打击不力等因素,私藏爆炸物行为屡禁不止,频频引发爆炸事故,给公安机关民爆物品安全管理工作造成巨大的冲击和影响。因此,必须认真研究管理对策,强化治理,有效遏制爆炸事故的发生。