How to improve the system of excluding illegal evidence, improve the system of criminal legal aid, and promote the system of separating complexity from simplification?

2065438+In June 2006, the 25th meeting of the Deep Reform Group deliberated and adopted the Opinions on Promoting the Reform of the Criminal Procedure System with Trial as the Center. The meeting stressed that to promote the reform of the trial-centered criminal procedure system, we should focus on solving outstanding problems that affect criminal justice, implement the requirements of evidence adjudication in all aspects of criminal proceedings, improve the system of excluding illegal evidence, strictly implement witnesses and experts to testify in court, improve criminal legal aid, and promote the diversion of complicated and simplified cases. First, according to the requirements and standards of the referee, collect, fix, review and use evidence in a comprehensive and standardized manner, and strictly exclude illegal evidence. 1. Collect evidence comprehensively, objectively and timely according to law. The opinion requires that the investigation organ should collect evidence related to the case comprehensively, objectively and promptly, strictly exclude illegal evidence, and emphasize that all evidence should be properly kept and transferred with the case; Establish an audio and video recording system for the inquest, search, identification and appraisal of major cases such as homicide cases; Establish and improve the evidence collection guidelines that meet the requirements of the referee and adapt to the characteristics of various cases, improve the rules for the collection, review, court investigation and use of technical investigation evidence, unify the standards and procedures of judicial expertise, and improve the witness system.

2. Improve the interrogation system. The opinion requires that the criminal suspect be interrogated in a standardized interrogation place in strict accordance with the requirements of relevant regulations. In strict accordance with the law, the whole interrogation process will be synchronized with audio and video recording, and all cases will be synchronized with audio and video recording step by step. In order to prevent extorting confessions by torture, the opinion also proposes to explore the establishment of a verification system for the legality of interrogation before the investigation of major cases ends.

3. Protect the litigation rights of the parties and defenders. The opinion emphasizes that it is necessary to improve the rights protection system for parties, defenders and other participants in litigation; Before the investigation of a case is completed, the investigation organ shall verify the plea of innocence or light crime put forward by the criminal suspect and the defense lawyer's opinion that the criminal suspect is innocent or should not be investigated for criminal responsibility according to law.

Two, further strengthen the function of legal aid, and further strengthen the role of lawyers in criminal proceedings. 1. The opinion puts forward that the legal aid lawyer system should be established and the legal aid system should be improved. This provision will play an important role in fully ensuring that criminal suspects and defendants get legal help in a timely manner according to law.

2. Strengthen the defense responsibility of lawyers in the investigation stage. The Opinions highlights the importance of lawyers' defense opinions, clarifies the requirements of investigation organs that lawyers' opinions should be verified according to law, and creates positive conditions for lawyers to play an effective role in the investigation stage.

3. Strengthen the code of conduct for lawyers; Strengthen the right of defense lawyers to cross-examine in court investigation; Strengthen the defense lawyer's right to debate in the trial; Strengthen the protection of defense lawyers' litigation rights. The opinion puts forward that the rights of defenders to meet, read papers, collect evidence, ask questions, cross-examine, debate and defend should be guaranteed according to law, and the working mechanism to facilitate lawyers to participate in litigation should be improved.

Third, we should improve the mechanism of separating the complexity and simplification of trial procedures and realize the organic combination of substantive justice and procedural justice. 1, give full play to the function of pre-trial meeting and effectively solve procedural disputes;

2. Improve the procedure of quick adjudication of criminal cases and the system of leniency in confession;

3. Actively sum up the pilot experience and improve the implementation mechanism of the lenient system of pleading guilty.