重复供述的排除规则研究

如果能够证明初次供述涉嫌用非法手段获取,此后在合法的讯问程序下作出若干份相似的再次供述是否应当排除,是非法证据排除必须解决的问题。排除重复供述的标准在于非法行为与重复供述的联系密切程度,应当运用"五步排除法"权衡。

On Exclusionary Rule about Repeated Statements

If you can prove that the initial confessions obtained by illegal means,after that,the number of statements which gotten in legal interrogation procedures similar to the first confessions,whether them should be excluded,it is a problem which must be solved with Exclusionary Rule.The standard of eliminating repeated statement is the closely level of the relation between illegal acts and repeated confessions.In my opinion,it should use "five-step process of elimination" to balance and consider the main factors,such as the subject of interrogate,stage of procedure,the interval of time,the illegal level,the degree of dilution and so on.