Research On Sampling Evidence In Criminal Procedure

Sampling is a method of obtaining evidence in the field of administrative law enforcement.However,it has gradually been used in the field of criminal justice in recent years.This is not only related to the emphasis on the connection between administrative law enforcement and criminal justice,but also to the actual needs of criminal proceedings.The inadequate density of legislation and the shallowness of the provisions make case handlers controversial in some cases in the application of sample evidence for lack of normative basis,and randomly sampling because of lacking in normative guidelines,which affects the representativeness of sampling and fails to play the role of inference of samples.Through methods of case analysis and literature research,this article sorts out the current conditions and problems of legislation and justice,and puts forward sound suggestions in the hope that these will be helpful for obtaining evidence by sampling.In addition to the introduction and conclusion,this article consists of four parts:The first part is an overview of sampling.Sampling has evolved from the statistical concept to the administrative law enforcement field as a means of evidence collection,and now it is also used in the field of criminal justice.Obtaining evidence by sampling refers to the use of scientific methods to select a representative sample from the entirety of the case to analyze and judge,and to infer the relevant information of the overall case according to the analysis and judgment results of the sample,so as to prove the relevant case facts.Although the criminal procedure law does not explicitly stipulate this method of evidence collection,obtaining evidence by sampling is provided in some criminal justice documents or documents of the connection between administrative law enforcement and criminal justice.The use of obtaining evidence by sampling in criminal justice practice is increasing,At the same time,there have also been questions about the applicable basis of sampling forensics,the representativeness of sampling,and the evidence effectiveness of sampling forensics results.The second part is a analysis on the scope of application of obtaining evidence by sampling.In terms of specific applicable cases,the types of cases clearly specified in criminal justice documents include criminal cases of production and sales of fake and shoddy goods,criminal cases of smuggling,criminal cases of infringement of intellectual property rights,cases of illegal cultivation of original plants of drugs,cases of drug crimes,crimes ofendangering food and drug safety.In practice,there is a tendency to expand the application of sample evidence,such as in the crime of theft,illegal manufacturing,trading,transportation,mailing,storage of firearms,ammunition,and explosives;in theory,there is also a phenomenon of expanding the scope of applicable cases,such as thinking that it is used on the Internet In criminal cases(especially telecommunications fraud cases),victims can be sampled for evidence.Therefore,it is necessary to incorporate obtaining evidence by sampling into the legislative level for regulation.The key to sampling is not the case type,but the particularity of the items involved,that is,the number of items involved in the case is large,homogeneous and cannot be verified one by one.The third part is the analysis on the representativeness of sampling.How to ensure the representativeness of the samples taken for sampling is both a practical dilemma and a legislative problem.From the overall perspective of the specification,the first is that there are too few specifications.The only two specifications specify specific sampling quantities and sampling methods for drug suspects and cigarettes respectively.Second,the sampling methods in the specifications have fewer forms and only specify two forms of random sampling and stratified sampling were presented.In all criminal justice documents,the“Provisions on Several Issues Concerning Procedures for Drug Extraction,Seizure,Weighing,Sampling,and Inspection for Drug Crimes” have the most detailed rules on sampling and evidence collection.Therefore,it is verified whether the sampling method can guarantee the representativeness of the sampling.In addition,by summarizing the problems of representative sampling in judicial practice,it is found that the case handlers randomly determine the number of samples,apply sampling methods at random,and allow victims and criminal suspects to sample,which easily causes sample to be under-represented and can not represent the overall situation of the items involved.For the items involved in the case where there are specific sampling specifications or sampling standards,as long as the sampling is performed strictly in accordance with the specified sampling personnel,sampling quantity and method,the sample can be considered representative.For the items involved in the case without clear specifications and standards,sampling cannot be performed by the victims or criminal suspects who have an interest in the items involved,but be performed by Case investigators or commissioned inspection and appraisal agencies,professional agencies after ensuring that there is overall homogeneity according to the suspect’s confession or other evidence related to the items involved.Those who have batch or type differences in the itemsinvolved should be classified first.The number of samples should be as large as possible,and the number of samples for multi-packed psychotropic drug preparations can be referred to.The standard for determining the number of samples must not be less than 3 sample units.In addition,sampling related evidence is not suitable for the crime of infringing on the personal information of citizens,and there is no need to discuss how to ensure the representativeness of sampling.The forth part is the analysis of the evidence effectiveness of the sampling evidence.The results of sampling belong to the statutory type of evidence,the general rules of evidence review shall apply.However,after collect evidence materials by sampling,only the sample part of the items involved is verified,and the relevant information of the remaining items is inferred based on the inspection and identification conclusions of the samples.Therefore,special inspection must be conducted on the results of sampling evidence.After the completion of obtaining evidence by sampling,the necessity of obtaining evidence by sampling,the scientific nature of the sampling method,and the standardization of the procedures of obtaining evidence by sampling shall be reviewed.For the results of sampling,the lack of necessity of sampling and the lack of representativeness of sampling does not necessarily lead to the exclusion of the results of sampling.The relevant samples and the conclusions of sample inspection and identification may still be valid,but they no longer play a role in inferring the overall situation.However,if the sampling subject has an interest relationship with the goods involved in the case,the sampling evidence will be excluded.