检察机关讯问职务犯罪嫌疑人全程同步录音录像制度适用情况调查分析报告——以C市为例-法律学专业论文.docxVIP

1 1 2 2 Abstract The revised Code of Criminal Procedure guarantees the legal existence of the system of synchronous audio and video recordings in the whole process of interrogations, which will help to standardize evidence collection behaviors such as investigation and interrogation, curb extortion confession by torture , protect human rights from infringement, enhance informatization in the work of investigation authorities and realize the replacement of investigative mode “ from confession to evidence” by the mode “ from evidence to confession and between confession and evidence”. However, with only general requirements stipulated in the Code, the system is still filled with such drawbacks as poor operability and lack of serious evidence regulation contents . The essay will expound from three aspects: First, this essay begins with the background of the establishment of the system of synchronous audio and video recordings and the current institutional framework during the whole process of interrogations of suspects of duty crimes. After introducing concepts, ranges and requirements related to this system, the author further studies on the legal nature of the system. The author holds the opinion that the content of the audio and video recordings should be regarded as a kind of supporting evidence, which should be used to support to fixate on record contents and testify the legitimacy of interrogations courses. Second, this essay takes the real implementation of the system by prosecutors in C city as samples, examines the operational status of the system by data analysis in our country from three stages including equipment and staff supply, recording making, and later delivery and usage of synchronous audio and video recordings, and points out the problems in this system by analyzing hardware and software supply, law enforcement behaviors of the investigators, risks of secret leakage, drawbacks in construction and other factors. After that, this essay gives a brief i