Proof function of recording evidence
Transcript evidence is a written record with evidence effect, which can play three proving roles: First, it can prove the legality of relevant investigation activities. Recorded evidence records the whole process of investigation by investigators, which can reflect whether investigators strictly abide by relevant procedural rules and whether they have implemented legal procedures and methods. The second is to prove the authenticity and identity of all kinds of physical evidence. This is a more important role in recording evidence. According to the provisions of the Criminal Procedure Law, if there are doubts about the source and collection process of physical evidence and documentary evidence, including audio-visual materials and electronic data, and no reasonable explanation can be made, it cannot be used as the basis for finalizing the case. This requires the supervisory organ not only to submit relevant physical evidence to prove the facts of the case, but also to prove the authenticity and identity of these physical evidence with evidence. Among them, the records of inquest, inspection, search, evidence collection and seizure list can directly prove the objective process of the source, extraction, collection and preservation of all kinds of physical evidence, thus playing an important role in supporting and verifying the authenticity and identity of evidence. The third is to prove the probative force of various verbal evidence and other physical evidence. For example, according to the confession of the investigated person, some valuables received by the investigated person are extracted, and the evidence extraction record and seizure list are also clearly recorded, so these records and lists can confirm the confession of the investigated person and can also be used to judge the authenticity of the testimony of the briber.
Problems needing attention in making relevant records and evidence
The supervision law and the criminal procedure law stipulate the legal qualification of recorded evidence, and the supervision organ must attach great importance to the production of recorded evidence, strictly implement the relevant provisions and requirements of the supervision law and the criminal procedure law, and ensure the legality of investigation measures and the standardization of documents. Based on the investigation activities carried out by supervisory organs, such as search, seizure, seizure, evidence extraction and identification, the author talks about the problems that should be paid attention to in making recorded evidence.
Search records and seizure lists. There is a close relationship between search and seizure. Investigators can directly seal up and detain various articles and documents that may be used to prove the facts of the case. For search activities, investigators should make a search record to record the whole process of search; At the same time, it is necessary to make a seizure list of seized articles and documents.
With regard to the search record, there are several issues that need attention: first, a search warrant should be produced during the search, and signed by the searched person and witnesses; In case of emergency, you can search first, but you should go through the relevant formalities within 24 hours after the search is over. Second, the search should be attended by more than two investigators and conducted under the auspices of the investigators. The list of persons on the search record and their signatures shall be consistent with the list of persons on the search warrant, so as to prove that the subject identity of the searchers is legal. Third, a search record should be made on the spot to record the process and results of the search in detail. If the recorded evidence and the factual information recorded in the list overlap or cross with other verbal evidence, material evidence records or reflected case facts, it will play an important role in confirming the probative force of these evidences and be conducive to the construction and perfection of the whole evidence system. Therefore, it is necessary to improve the contents of records, standardize the formal requirements and avoid the defects of evidence as much as possible. During the trial, it was found that some search transcripts were too simple to explain the process and did not list the items obtained. For example, there is only a simple sentence: "Articles related to the case found in the search shall be seized according to law (see the seizure list for details)". In the process of searching, attention should be paid to the collection, fixation and extraction of evidence. Important documentary evidence, physical evidence, audio-visual materials, electronic data and their placement and storage places shall be photographed, and written explanations shall be made in the transcripts, instead of the above general explanations. Fourth, if there are items that need to be sealed up or detained during the search, a list should also be made on the spot, with accurate content, standardized filling and complete procedures, and checked with the information recorded in the search transcript. When impounding articles, the list should be numbered one by one, and this number should run through all links such as identification, presentation and identification, and cannot be changed. When describing the characteristics of an article, it should be limited to what the human eye can see. It is not allowed to indicate the texture, authenticity and other characteristics that need to be identified in the list, such as replacing "gold" with "yellow metal" and "jade" with "green stone". Fifth, the search record and the seizure list should be signed and sealed by the investigators, the searched person, the article holder and the witnesses. Witnesses must have nothing to do with the case, and in fact, there are cases where the case handlers sign the witness column; Some transcripts have the signatures of the relevant personnel, but they do not record their identity and relationship with the searched person.
Evidence extraction records. In some cases, investigators can directly retrieve specific articles and documents, or collect some physical evidence in accordance with legal procedures under the voluntary submission of the respondents, relevant units and witnesses, carry out special evidence extraction activities, record the extraction process and results, and form a record of evidence extraction. In the process of investigation, most of the related articles and documents are collected, some of which are marked on the documents, and few evidence are taken. The record of evidence extraction shall record the following contents: first, the source of evidence is provided by the investigated person or witness, or directly collected from the relevant units or individuals; The second is the time, place and evidence holder of extraction; The third is to check the specific conditions of the extracted articles and documents with the evidence list; The fourth is to obtain the signatures and seals of personnel, evidence holders and their units.
Identify the transcript. Identification refers to the identification of articles, documents or personnel that may be related to the facts of the case once known by insiders, so as to confirm whether these articles, documents or personnel are related, authentic and exclusive to the facts of the case. Generally, the mixed appraisal stipulated in the criminal procedure law is that the related matters are disconnected or lost contact with the insider, and it is impossible to determine the uniqueness between them and the facts of the case. If this connection is not broken, there is no need to organize mixed identification. For example, the specific items received by the respondent can be directly presented to the respondent or relevant witnesses for their confirmation and fixation.
At the time of appraisal, an appraisal record shall be made on the spot. The structural elements of the appraisal record shall be complete, and the contents of the record shall be objective, accurate and detailed. The specific contents mainly include the following aspects: First, the time and place of identification and the weather, light, environment and other conditions that may affect identification. The second is the basic information of the appraisers, investigators, witnesses and the holders of the appraised articles who presided over the appraisal. Third, it is necessary to photograph the basic situation of the identified object, such as the type, model, shape and quantity of the identified object. Fourth, in the case of mixed recognition, the recognizer must not see the recognition object in advance, and multiple recognizers must not appear at the same time, and the recognizer must not be implied or clearly recognized. Recognition objects must be mixed with other objects with similar characteristics, and the number of recognition objects must meet the minimum requirements. When necessary, the identification process can be recorded and videotaped. The fifth is the statement of appraisal results and basis, that is, the same, different or similar appraisal and the basis of appraisal. Sixth, the identification record should be confirmed and sealed by the appraiser, and the witness who presided over the identification and the investigator should also sign separately. (Ai Jun, Supervision Committee of Hubei Provincial Commission for Discipline Inspection)