摘要
实证研究表明,毒品犯罪是近5年来非法证据排除问题涉及最多的犯罪类型,在宏观视角下,各地法院审查裁判此类争议的数量分布并不均衡,审理程序分布也存在差别,一审程序中决定排除的比例明显高于二审程序。在微观视角下,毒品犯罪的违法取证形态在不同证据类型中也有不同呈现。排除非法取得的被告人供述之比例虽不居高位,但因涉及公民基本人身权益保障而值得关注;在勘验、检查、辨认、侦查实验等笔录类证据,视听资料、电子证据以及鉴定意见类证据中,被质疑提取过程不合法而最终被排除的情形占比较高,对提升毒品犯罪侦查活动合法程度提出指引。此外,仍然有必要厘清非法证据概念认知分歧,明确非法证据之证明标准,关注辩护律师的作用空间。
Empirical studies have shown that the number of drug-related crimes were the biggest among the cases involving the exclusion of illegal evidence in the past five years.From a macro perspective,there was an uneven distribution in the number of such cases in different regions and the procedures followed by the courts were also different:in particular,the proportion of the exclusion of illegal evidence in the first instance was obviously higher than that in the second instance.From a micro perspective,the way the illegal evidence was obtained also varied with the types of the evidence.Although the ratio of the cases concerning the exclusion of illegal evidence is not very high,such cases are worthy of attention for they involve the protection of the basic human rights.There has been a high proportion of the exclusion concerning such types of evidence as the written evidence obtaining from examination,inquest,and investigative experiments and the video-aural materials,electronic data and appraisement opinions,because the procedures of gaining such types of evidence were found illegal.These findings have great implications for raising the standard of the obtaining of legal evidence in dealing with drug-related crimes.Additionally,it is also necessary to resolve the disputes over the notion of illegal evidence,clearly define the criteria for illegal evidence and pay due attention to the role played by defence lawyers.
出处
《法治现代化研究》
2019年第1期67-84,共18页
Law and Modernization
关键词
非法证据
毒品犯罪
实证研究
大数据
illegal evidence
drug-related crimes
empirical studies
big data
