The latest judicial interpretation of the exclusion of illegal evidence

The exclusionary rule of illegal evidence usually refers to the rule that the evidence obtained by investigation organs and their staff through illegal means cannot be adopted in criminal trials. The scope of illegal evidence includes: 1, evidence materials collected by law enforcement agencies in violation of legal procedures; 2, beyond the authority or abuse of power to produce or consult the collected evidence; 3, lawyers or parties take illegal means to produce or investigate and collect evidence; 4, law enforcement agencies to illegal evidence materials as clues to investigate and collect other evidence.

Legal basis: Provisions on Several Issues Concerning the Strict Exclusion of Illegal Evidence in Handling Criminal Cases

In order to accurately punish crimes, effectively protect human rights, standardize judicial actions and promote judicial justice, the following provisions are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC) and related judicial interpretations, combined with judicial practice.

I. General provisions

Article 1 It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt. In sentencing all cases, we should attach importance to evidence, investigation and research, and we should not trust confessions.

Article 2 A confession made against the will of a criminal suspect or defendant by violent means such as beating, illegal use of coercive means or corporal punishment in disguised form shall be excluded.

Article 3 A confession made against the will of a criminal suspect or defendant by threatening violence or seriously damaging the lawful rights and interests of himself or his close relatives shall be excluded.

Article 4 The confessions of criminal suspects and defendants collected through illegal detention or other illegal restrictions on personal freedom shall be excluded.

Article 5 Whoever uses the method of extorting a confession by torture to make a criminal suspect or defendant confess, and then is influenced by the act of extorting a confession by torture, shall be excluded together, except for the following circumstances:

(1) In the process of investigation, the criminal suspect voluntarily confessed according to the accusation, report or self-discovery, which was confirmed by the investigation organ or could not be ruled out by using illegal methods to collect evidence instead of investigators, and informed other investigators of their litigation rights and the legal consequences of pleading guilty during re-interrogation;

(2) In the process of examining arrest, prosecution and trial, prosecutors and judges informed the litigation rights and the legal consequences of recanting during interrogation, and the suspects and defendants voluntarily recanted.

Article 6 Witness testimony and victim statements collected by illegal methods such as violence, threats and illegal restriction of personal freedom shall be excluded.

Article 7 If the collection of material evidence and documentary evidence does not conform to legal procedures and may seriously affect judicial justice, it shall be corrected or a reasonable explanation shall be made; If it is impossible to make corrections or make reasonable explanations, the relevant evidence shall be excluded.

Second, investigation

Article 8 The investigation organ shall conduct investigation in accordance with legal procedures, and collect and collect evidence materials that can prove the criminal suspect's guilt or innocence, and the crime is light or heavy.

Article 9 After a criminal suspect is detained or arrested, he shall be sent to a detention center for custody according to law. After the criminal suspect is sent to the detention center for custody, the interrogation shall be conducted in the interrogation room of the detention center. If the investigation organ conducts interrogation in a place other than the interrogation room of the detention center for objective reasons, it shall make a reasonable explanation.

Article 10 Investigators may record and video the interrogation process when interrogating a criminal suspect. For cases that may be sentenced to life imprisonment or death penalty or other major criminal cases, audio and video recordings shall be made of the interrogation process.

Investigators shall inform the criminal suspect to record and video the interrogation process and record it in the interrogation record.

Article 11 Audio and video recording of interrogation process