Study On The Concealment Of Evidence Favorable By The Prosecution In Criminal Procedure

In the criminal procedure,the phenomenon that the police or prosecutor concealed the beneficial evidence to the defendant often appears.How to regulate the occurrence of this phenomenon is a new research hotspot in the theoretical and practical circles.Evidence is a key to the detection of a case,and concealing evidence is hiding justice.Evidence plays a vital role in the realization of justice.Bentham said "evidence is the cornerstone of justice," and Wigmore cited the phrase in his compilation of student textbooks as the main thrust of the textbook.Both Wigmore and Bentham firmly believe that the main objective of fact determination in judicial activities is to explore the truth.No legal evidence can be concealed in the facts.The hidden evidence,especially the hidden evidence in favor of the accused,is easy to appear in the investigation process of the investigators and the prosecution process of the procurators.Because of the pursuit of detection rate and other reasons,the prosecution is easy to hide evidence.Criminal procedure should not only pursue substantive justice,but also pay attention to procedural justice.Physical justice and procedural justice are complementary.Only when procedural justice is effectively realized can substantive justice be truly implemented.The prosecution's concealment of evidence in favour of the accused is a great violation of procedural justice.All evidence is collected and transferred,and should be presented in court without violating normative documents such as the law.However,the act of concealing evidence does not exactly achieve equal confrontation between the prosecution and the defense.Where procedural justice can not be done,substantive justice can not be achieved.The act of concealing evidence will cause the court to wrongly hold the innocent person or the person who has committed a minor crime to be guilty or guilty of a serious crime,and make the defendant innocent and punished.A lot of innocent people died.In most cases,court hearings and judgements are based on evidence transferred by the Public Prosecutor's Office,which in turn depends on the investigative process of the public security organs.Therefore,in the process of investigation and examination of prosecution,whether the prosecution conceals evidence in favour of the defendant has a great impact on the conviction and sentencing of the court and whether the defendant has a fair trial.In the final analysis,the formation of many false cases stems from the act of concealing evidence.In terms of substance and procedure,there are few provisions of our law on the prevention and punishment of the prosecution's concealment of evidence.Therefore,in the process of investigation and examination of prosecution,how to regulate the hidden evidence behavior that may exist in the investigation organs and procuratorial organs is urgent and necessary.We should make separate procedural and substantive provisions.Procedurally,it is necessary to curb the occurrence of concealment of evidence throughout the investigation and prosecution process;in the entity,if the concealment of evidence still occurs,criminal or civil sanctions should be imposed to serve the purpose of warning and education,so as to prevent the recurrence of such acts in the future.Based on 10 cases of unjust case,this paper analyzes the reasons for the concealment of evidence:the investigators are backward in investigative thinking;some mechanisms are not conducive to curbing the emergence of concealment of evidence;the heavy task of handling a case makes the staff unable to adapt to it;current accountability system is not effective;crime scene investigation are not standard;expert opinion led by the administrative organ has a great influence;system of the chain of custody of evidence is imperfect.This paper puts forward some preventive mechanisms for constructing concealment of evidence: reforming the accountability system for hidding evidence;strengthening investigation supervision;implementing of the double track system of evidence investigation;perfecting system of the chain of custody of evidence.In order to make up the gap of the theoretical and practical research and improve the current criminal justice system of our country.