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侦查人员欺骗侦查不同于“诱惑侦查”之处在于,欺骗侦查并非是国家在制造犯罪,而是侦查人员为了方便侦破犯罪,在证据收集等侦查过程中使用欺骗手段。这些欺骗手段的共同特点是违法程度较轻,但做法欠缺公正性。在强制侦查(处分)和任意侦查(处分)中都存在侦查人员欺骗侦查的情形,欺骗侦查原则上是违法的,但是,这种违法是否直接导致证据排除的后果则至少应当综合考虑以下因素:欺骗是否导致本来应当实施的合法的强制处分或任意处分未实施,欺骗的性质、程度是否达到了日常生活中不容忽视的重大程度,因欺骗所受侵害的法益是否重大等。
Investigators cheat reconnaissance is different from “temptation investigation ” is that fraud detection is not the state in the manufacture of crime, but investigators in order to facilitate the detection of crimes, the use of evidence in the investigation of fraud and other detection methods. The common denominator of these deceptions is the lesser offense, but there is a lack of fairness in practice. There are situations where investigators cheat reconnaissance in compulsory (random) and arbitrary (sanctions) investigations. Deceptive detection is, in principle, illegal. However, at a minimum, the consequences of such exclusion as a direct result of evidentiary exclusion should at least be considered: Whether the deception caused the lawful compulsory punishment or the arbitrary punishment which should be implemented originally were not implemented. Whether the deception has reached the major degree that can not be neglected in daily life should be neglected.