从规范执法到诉讼证据——以检察机关侦查讯问全程同步录音录像为视角

检察机关讯问犯罪嫌疑人全程同步录音录像在刑事诉讼中具有证据的属性,而且,不会突破现行法定证据种类。赋予全程同步录音录像证据效力,对检察机关既是机遇,也有挑战。赋予全程同步录音录像证据资格,必须规范全程同步录音录像的制作过程,确立统一的技术规范、确定事前告知义务、完善始后全程和档案保存制度等。全程同步录音录像作为证据,基于其特殊性,应该在示证提起权、举示决定权、示证过程等方面作特别规定。

From Law Enforcement to Procedural Evidence--from the perspective of Visual Recording with Sound of In-terviews with Suspects.

The visual recording with sound of interviews with suspects made by the procuratorial organ has an evidential attribute.In addition,it can fall into the existing evidence categories.It is both an opportunity and a challenge for the procuratorate to provide the visual recording with sound of interviews with suspects with the evidence power.Therefore,it is very necessary to regulate the producing process of such recording,set up a uniform technology standard,define a pre-notice obligation and improve the whole process and the file-sealing system,and so on.Due to its special feature as evidence,the visual recording with sound of interviews with suspects should be regulated particularly in the perspectives of the evidence demonstration,the demonstration decision-making and the demonstration process.