近年来,涉及电子数据加密的刑事案件不断增多。执法机关处理这类案件时,倾向于通过强制手段迫使犯罪嫌疑人、被告人提交密码或加密数据,而这样的做法引来了关于该行为是否违反不得强迫自证其罪的争论。美国近期相关判例对这一问题表明了态度:强制提交加密数据不违反美国宪法第五修正案的规定。这就意味这强制提交加密数据具有其合宪性。对这一问题的讨论就我国而言也有相当的借鉴性。 In recent years, criminal cases involving electronic data encryption have been on the rise. When dealing with such cases, law enforcement agencies tend to force the criminal suspects and defendants to submit passwords or encrypt data through coercive measures, a practice that leads to a debate as to whether the act violates the principle of forcing self-incrimination. The recent relevant jurisprudence of the United States shows its attitude on this issue: Forcing the submission of encrypted data does not violate the provisions of the Fifth Amendment to the U.S. Constitution. This means that it is constitutional to force the submission of encrypted data. The discussion of this issue also has considerable reference to our country.