Empirical Study On The Usage Of Monitor Information In Criminal Trial

In Judicial practice, the usage of monitoring data in the trial of drug cases presented an increasing trend, mainly for that monitor information not only has a very important role on the drug investigation of cases, monitoring data on the trial of drug case is also essential important evidence. "Criminal Procedure Law" revised on 2012 increase the relevant provisions of the technical investigation measures, where Article 152 clearly stipulates: "to take measures for the collection of investigative material in accordance with the provisions of this Section in criminal proceedings may be used as evidence." Thus, monitoring data, as part of the technical investigation, directly used as evidence at the trial stage has also been clearly defined, monitoring data as evidence at the trial stage also has its legitimate basis. However, in the trial practice of drug cases, monitoring data still can’t be directly used as evidence, the adoption of the so-called "evidence into" ways to monitor data into the suspect confessed or other written materials which are commonly used in the trial is still of priority.The investigating authorities submit their content taken part listening to the prosecutor and the court as evidence of the fact that the implementation of the suspect drug crime in the "note" form in part of drug cases, And even in some cases of drug-related crimes, the "note" is merely illustrative of the case by taking technical investigation measures listener call the defendant acquired clues, and thus the final drug cases detected. However, the authorities do not submit the original recordings or copy the recording of the specific content of the investigating to the Prosecution and the Courts by saying it’s confidential.In a few drug cases, since the judge hearing the case in the conviction that the evidence is not sufficient, it must be used as evidence in order to monitor data proved the defendant’s criminal facts, thereby accurately conviction and sentencing. The judge will be forced to contact the investigating authorities to require the listener to listen to the recording, and only under pressure, investigating authorities will allow judges to hear the relevant technical investigation department monitor content, but does not allow a judge to make any written record. This will obviously cause some negative effects, the judge only heard monitor content, but in the absence of any written basis, not after the trial evidence, cross-examination and other legal procedures, combined with other evidence. Such a decision is the lack of impartiality; justice is not conducive to the further healthy development. In summary, there are many problems in the use of monitor information in the trial of drug cases. It is clearly defined in the legislation,monitor information can be directly used as evidence, but in judicial practice, the investigating authorities still do not distinguish between the specific circumstances of the information by listening to the "evidence into" after entry of the judgment, the evidence leads to the excessive and indiscriminate conversion, this is not only inconsistent with the spirit of the legislative requirements, but also hindered the development of justice. The judge can only be forced to start court procedures to verify the authenticity and validity monitor data review, to some extent hindered the listener information going to trial, so the information cannot lead to listening to the defendant, counsel display, monitoring data cannot go through evidence, cross-examination of the legal procedure, which deprived the right to know and the right to defense of the counsel and the defendant. These reasons led that in some drug cases, monitoring data as the basis for the conviction and sentencing. But the defendant and counsel did not know, cannot be cross-examination for the monitor information on this physical evidence, we cannot seek effective remedies ways to safeguard the legitimate rights of the accused. So, for the existing problems of the usage of monitor data in this stage, we should take measures to improve. Firstly, the monitor information’s conversion to evidence should be strictly limited, distinguish between specific circumstances, to make sure it can be used directly as evidence of use as evidence. For example, those who do not endanger the safety of personnel or produce other serious harmful consequences, the object being monitored do not involve significant privacy in court proceedings should be directly used as evidence. Secondly, we should improve the mechanism for verifying court monitor information, and counsel should be involved in court verification mechanisms to protect the legitimate rights of the accused;Thirdly, we should improve the monitor data review process, to a certain extent, protect the authenticity and legality of the trial stage monitoring information;Furthermore, we should improve the mechanism for the cross-examination of the trial listening data to protect the right to cross-examine of the defendant and defense counsel;Finally, we should establish appropriate relief mechanism, so that the accused can seek appropriate relief program in order to protect their legal rights after the infringe.Through practice research on the usage of monitor data in the trial of drug cases this article is trying to learn the status of the usage of monitor information in drug cases, and analyze the existing problems of the usage of monitor information in the trial of drug cases, combining domestic with abroad research, in order to find effective measures to solve these problems.