刑事诉讼法实施中的若干问题研究

辩护律师向犯罪嫌疑人、被告人核实证据时,除了可以将有罪的实物证据告诉犯罪嫌疑人、被告人之外,其他的证据都不能告诉;"两个基本"应当坚持,但要防止误读和滥用;只有使犯罪嫌疑人、被告人在肉体上或精神上遭受剧烈疼痛或者痛苦的程度与刑讯逼供相当,迫使其违背意愿供述时,获取的供述才应予以排除;在规定的办案场所以外讯问和未依法对讯问进行全程录音录像的行为属于违法,但所取得的供述依法不在排除之列;对指定居所监视居住期间没有违反规定的犯罪嫌疑人,只要其符合逮捕条件,可以转捕;羁押必要性审查的范围包括一切影响羁押条件成立的情况;纪委在查办案件中收集的证据,可以参照刑诉法关于行政机关在行政执法和查办案件过程中收集的证据的规定办理。

Questions in Criminal Procedure Law Enforcement

When defense lawyer verifies the evidence with suspect or defendant,the defense lawyer cannot tell the suspect or defendant any evidence except physical evidence of guilt; stick to "the two basic points",but avoid misunderstanding and abuse; only when the suspect or defendant suffers fierce ache or pain physically or spiritually which is about equal to extorting confessions by torture,being forced to make confess against his will,the acquired confession should be excluded; making interrogation beyond specified places and making video and audio recording of interrogation not in accordance with the law will violate the law, but the acquired confession will not be excluded; as to the suspect who does not violate the regulations during residential surveillance,as long as the circumstance meets the requirement of arrest,he should be arrested; the necessity examination of detention include all kinds of situations which affect establishment condition of detention; the evidence collected by Commission for Discipline Inspection during investigation can be dealt with by referring to the regulations in criminal litigation law about the evidence collected by executive branch during executing law enforcement and investigation.