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人们对供述自愿已达一种共识:自愿性是犯罪嫌疑人供述具有可采性或者说证据能力的根本性前提,带有强迫性质的供述都是非自愿供述,亦即非法证据都应当排除。随着被追诉人诉讼主体地位的日益重视,供述自愿性的保障应当得到充分重视。各国立法对供述自愿性提出了各种保障机制,如讯问时赋予被追诉人律师在场权、对讯问过程实行录音录像、对强迫性供述采取非法证据排除规则。
Voluntary concurrence has reached a consensus: voluntary is the suspect confession with admissibility or evidence of the basic premise of the compulsory confession is involuntary confession, that is, illegal evidence should be ruled out. With the increasing emphasis on the subject status of prosecutors, voluntary guarantees of confession should be given full consideration. Various national legislations put forward various safeguard mechanisms for the voluntary confession, such as giving the lawyer’s right to be prosecuted at the time of interrogation, recording and transcribing the interrogation process, and removing the rule of illegal evidence for the compulsory confession.