Location: Room 109, Lanyuan Hotel, Fuyang City.
Content: 10 cases worth 300,000 yuan and 40,000 yuan respectively; 49 cases involving bribery worth 2.68 million yuan.
(1) It is not evidence in criminal proceedings.
The investigation date was September 29, 2009. The Fuyang City Procuratorate criminally detained Yang Huajie on suspicion of bribery that day. Therefore, before filing the case, Yang Huajie’s incriminating statements in the two-part interrogation transcript cover all of Yang Huajie’s bribery and bribery behaviors. They are not statutory evidence in criminal proceedings and cannot be used as evidence for conviction.
(2) Obtained by criminal means of illegal detention.
On July 8, 2009, the Fuyang Municipal Commission for Discipline Inspection transferred Yang Huajie to the Fuyang Municipal Procuratorate on suspicion of accepting bribes. The Fuyang City Procuratorate conducted a preliminary investigation. During the preliminary investigation, Yang Huajie was illegally transferred to Room 109 of Lanyuan Hotel in Fuyang City. Yang Huajie was illegally detained and deprived of his freedom of communication.
(3) Yang Huajie claimed that he was tortured to extract a confession.
Yang Huajie’s personal materials show in detail that during the 94 days he was illegally detained before the case was filed, from 5 a.m. to 12 p.m., Yang Huajie participated in multiple false accusations in terms of time and location, in ways and content. The entire process of the guilty interrogation was recorded, and he suffered inhuman torture for a long time. It also showed that two cameras were installed in Room 109 of the Lanyuan Hotel in Fuyang City where he was illegally detained.
Article 2 of the Supreme People’s Procuratorate’s “Provisions of the People’s Procuratorate on Simultaneous Recording and Videotaping of Interrogations of Duty-Based Criminal Suspects (Trial)” stipulates: “The simultaneous recording and videotaping of interrogations of duty-related criminal suspects by the People’s Procuratorate refers to the direct When accepting an investigation of a job-related crime case, every time a criminal suspect is interrogated, the entire interrogation process shall be recorded and videotaped continuously. "Article 7 stipulates: "If the entire interrogation process is recorded simultaneously, the captured images shall reflect the criminal suspect, prosecutor, and interpreter. personnel and the interrogation scene, and the criminal suspect should reflect the entire process in the image and display the time number synchronized with the interrogation. "Article 12 stipulates: "After the interrogation is completed, the recorder shall immediately copy the audio-visual materials. After the documents were handed over to the interrogators and signed by the interrogators and the criminal suspects, the original audio-visual materials were sealed on the spot and handed over to the Procuratorate Technical Department for preservation.”
The Yang Huajie case is a job-related crime case. According to the above regulations, since the Fuyang City Procuratorate regards all statements of Yang Huajie's bribery crimes as evidence of conviction, it should make uninterrupted audio and video recordings during its questioning and keep them in the procuratorial technical department. If the Fuyang City Procuratorate cannot provide uninterrupted audio and video recordings corresponding to the interrogation transcripts, it cannot prove that its evidence collection process is legal.
Article 11 of the "Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in the Handling of Criminal Cases": "If the public prosecutor cannot provide evidence to prove the legality of the defendant's pretrial confession, or the evidence provided is inaccurate or insufficient, This confession cannot be used as the basis for finalizing the case. "The prosecutor cannot prove Yang Huajie's accusation, and Yang Huajie's incriminating statement should be excluded as illegal evidence."