Application Of Technical Investigation Materials In Criminal Proceedings

Even as the increasing use of technical investigation measures,materials they produced are rarely used as evidence in criminal proceedings.The main causes under it include: firstly,the legalization of use of materials produced by technical investigation measures has seen a retard start,and the stipulations on their use are relatively vague and general;secondly,police in public security department have a resistance to using such materials,attributing to insufficient practice;thirdly,police in public security department usually neglect the ultimate outcome of criminal proceedings.Technical investigation materials refer to the materials collected by public security department legally enjoying the right to carry out technical investigation in the process of investigating specific criminal cases with severe social harm after undergoing strict approval procedures.Materials not related to the case must be destroyed and cannot be used.In accordance with the confidentiality requirements,the materials related to the case are divided into applicable materials and unusable materials.Applicable materials have low secret level,generally classified as confidential and below.Unusable materials have high secret level and generally are the top secret.The use of applicable materials in criminal proceedings is supported by theoretical and normative basis.The former is concerning combating crimes and maintaining stability,and balancing between public power and privacy.The latter includes laws and related normative documents clarify that technical investigation materials can be used as evidence.In practice,technical investigation measures are treated separately according to unusable materials and applicable materials.Unusable materials must be destroyed,reported or saved.According to the material review method,applicable materials are divided into technical transformation application and out-of-court verification application;According to the role in criminal proceedings,applicable materials are divided into as a clue to guide the investigation and as evidence to prove the case.In the practice of technical investigation materials,there are problems such as the use of system defects,the application of psychological defects and the lack of supervision and management.Analysis of the reasons for the application of technical investigation materials,and comment on the Application of Overseas Technical Investigation Materials,construct a system for the use of technical investigation materials in criminal proceedings in China.Which should elaborate systematically the proper pattern of the use,of examining,requirements of disposing,the legal validity of evidence,the responsibility of supervising,and protecting personal privacy of the litigants and so on.