New rule of the evidence of supreme people's court the most " the words evidence of illegality can't do the foundation of making a verdict "

New rule of the evidence of supreme people's court the most " the words evidence of illegality can't do the foundation of making a verdict "
In order to standardize the judicial act, promote the justice, according to criminal procedure law and relevant judicial explanation, emphasize in " the illegality evidence gets rid of the regulation " which the Supreme People's Court announces to the outside formally on the 24th, "through the illegal words evidence of confirming in accordance with the law, should exclude from, be unable to regard as the foundation of making a verdict. "
Adopt suspect, defendant that illegal means obtain of extorting a confession by torture etc., state and adopt violence, the intersection of person who threaten and the intersection of witness and testimony, victim that illegal means obtain, state, it is the illegal words evidence. Point out clearly " it get rid of illegality evidence regulation ",people's procuratorate in examining, sanctioning not arresting, when if you can't examine, prosecute, should get rid of in accordance with the law as to the illegal words evidence, can't be regarded as the foundation sanctioned arresting, prosecuting. Before the indictment duplicate opens a court session and tries after sending, the defendant proposed stating and is obtained illegally before he tried, should submit the advices to people's court. The defendant really has a difficulty to write, can be by telling orally, is put down by the staff members or its defenders of people's court, and is signed by the defendant or presses down finger mark.
In " the illegality evidence gets rid of the regulation ", have also set up the corresponding procedure for the illegal evidence of court investigation. Among them stipulate, defendant and his defender are before trying or in the court's trial, propose the defendant states and is obtained illegally before trying, the court is after the prosecution reads out indictments, should investigate in court in advance. Before court debate was finished, defendant and his defender proposed the defendant stated and is obtained illegally before trying, the court should carry on the investigation too. Defendant and his defender propose the defendant states and is obtained illegally before trying, the court should require it to offer relevant clues or evidences such as the personnel, time, place, way, content suspected of being involved in collecting evidence illegally,etc..
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