On Audio And Video Recording System Of Investigation Interrogation In China

The Criminal Procedure Code’s 2012 introduction of audio and audio-visual recordings of investigative interrogations has undeniably brought about a significant and valuable system of inquiry recordings.For procedure,this system is helpful to realize procedural justice and promote the construction of rule of law.As for entities,the system on the one hand helps to safeguard the human rights of criminal suspects and suppress the extortion of confessions by torture.On the other hand,it is helpful to reduce the behavior of criminal suspects in court,improve the efficiency of litigation,and safeguard the legitimate rights of investigators.In 2021,the Supreme People’s Court Interpretation made certain adjustments to the location of audio and video evidence for interrogation,inspection and reproduction,and made a major breakthrough in its functions.However,there are still some factors limiting the system in the judicial practice.First,the attribute positioning of the audio and video recordings of investigative interrogation is ambiguous,which leads to the lack of authoritative guidance in practice.Second,the application’s range is limited,mainly evidenced by the restricted type of cases that can be used and the restricted scope of application.Third,the procedure setting is not standard,mainly including the unclear right of replication,with the case transfer is not unified and not synchronized with the interrogation record.Fourth,the supervision mechanism is insufficient,resulting in the frequent phenomenon of selective recording and "directorial" recording.Fifth,the absence of a reliable right protection system renders criminal suspects at a disadvantage in the course of inquiry and interrogation,making it hard to effectively utilize the investigation and video recording interrogation system to safeguard the rights of the accused..The location of evidence attribute determines the direction and purpose of the audio and video recording system of investigative interrogation.Therefore,taking this as the starting point,based on the in-depth analysis of the positioning and attributes of the system,we found that there are some problems in its operation,and put forward a series of effective solutions to solve these problems.It is imperative to first emphasize that audio and video recordings possess the dual capacity of authenticating the legitimacy of the interrogation process and the factual details of the case.Defense lawyers should be granted the privilege to replicate and define the transfer standard in conjunction with the case,secondly.Third,in the level of application scope,the application scope and application stage of cases should be appropriately expanded.Fourth,establish the neutral position of the detention organ,strengthen the internal supervision and introduce the external supervision to improve the restriction and supervision mechanism,and reduce the phenomenon of selective recording and "directorial" recording.Fifth,strengthen the right to participate in the defense process in the three aspects of improving the right of knowledge,establishing"restricted" procedure options and trying lawyers to participate in the interrogation process,so as to more effectively protect the relevant rights of criminal suspects.Through the above five aspects,the attribute of evidence should be clarified,the relevant supporting mechanism should be improved,and the supervision and restriction mechanism of the synchronous audio and video recording system of interrogation should be improved,so as to ensure that the function of the system of audio and video recording of investigation and interrogation can be played to the greatest extent.