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非法证据排除规则导致受贿案件侦查突破要求提高,检察机关举证责任加大,认定案件事实难度增大。受贿案件中,刑讯逼供直接取得的言词证据应当绝对排除,重复自白的言词证据应当根据具体情况区别对待;轻微违法的言词证据不宜一概排除;运用侦查谋略获取的言词证据只要符合其构成标准,也应认定为合法证据。认定应排除的非法实物证据,应当把握三个条件:取证手段违法、行为后果严重影响司法公正、补正不能。
Illegal evidence exclusion rules led to the detection of bribery cases to improve the request, the procuratorial organs to increase the burden of proof, that the facts are difficult to increase the case. In the case of bribery, the verbal evidence obtained directly from torture should be absolutely ruled out. The evidence of repetitive confession should be treated differently according to the specific circumstances; the evidence of the minor illegal acts should not be ruled out as a whole; Should be considered as legal evidence. The illegal physical evidence that should be ruled out should be based on three conditions: the means of forensics is illegal, the consequences of the act seriously affect the judicial impartiality, and the corrections can not be made.