Research On The System Of The C Hain Of Custody In Technical Investigation Evidence

In 2012,the Criminal Procedure Law was revised and added technical investigation measures,which clarified that the materials collected by technical investigation measures can be used as evidence in criminal proceedings.However,the use of technical investigation evidence materials is not optimistic,from the legislative level,the current law on the collection,transfer,storage and destruction of technical investigation evidence is very rough,and the system is seriously lacking;from the law enforcement level,the adoption of technical investigation measures and the collection,transfer and storage of evidence are not strictly in accordance with the law,and chaos occurs frequently.Under such circumstances,technical investigation evidence materials are likely to be contaminated,destroyed and excluded from use due to improper storage and fractured flow,thus failing to achieve the purpose of taking technical investigation measures-to punish crimes and protect human rights.Based on this,by drawing on the advanced experience of overseas technical investigation and combining with the current situation of judicial practice in China,we propose to establish a chain of custody system for technical investigation evidence.Firstly,we need to change the concept of legislation,tend to refine the legislation and get rid of judicial mysticism.Secondly,we insist on the balance between punishment of crime and protection of human rights,focus on investigation efficiency,adhere to the principle of evidence adjudication,and ensure the homogeneity and authenticity of evidence from collection to final presentation in court.Finally,we construct a strict chain of custody system for technical investigation evidence,and all links of the chain of custody must be collected,stored and transferred in accordance with strict procedural requirements.By establishing a special evidence custody center,the scope of personnel who have access to technical investigation evidence is limited and the responsibilities of the custodians are clarified,and custodians are required to record the whole process of technical investigation evidence from collection to custody to destruction.