论侦查讯问中的暗示方法

暗示法在侦查讯问中的运用有助于讯问目的的实现。常见的暗示方法有语言暗示、行为暗示、情境暗示。从心理与法律的角度,侦查讯问中运用暗示法有其必要性和可能性。暗示法虽然没有被我国及其它国家法律明文禁止,但其一方面有隐瞒真实的一面,即隐瞒讯问意图及掌握证据的真实情况,与欺骗的方法有相似之处;另一方面具有诱导被暗示者按照侦查人员的推测与想象回答问题的功能,与引诱方法有相似之处。如果暗示法运用不当,极易产生欺骗、引诱之嫌疑。因此,正确区分暗示与欺骗、暗示与引诱,解决暗示法的合法性十分必要。

Suggestive Methods in Investigation and Interrogation

The application of suggestive methods in investigation and interrogation is of good help in reaching the goals ofinterrogation. The common methods used in hinting include verbal hinting, behavioral hinting and situational hinting. From thepsychological and legal points of view it is not only necessary but also possible to use such methods. However, though suchmethods are no forbidden in the laws of China and other countries, they do share similarities with cheating in that they may besued to cover up the truth or the intentions of interrogation and the truth of having the evidence. They are also similar totemptation in that they may be sued to tempt the hinted to answer questions in the way the hinter desires. If they are abused,cheating and temptation result. Therefore, it is essential to distinguish between hinting and cheating, hinting and temptation inorder for suggestive methods to arrive at their legality.