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公诉环节作为刑事诉讼的必经程序,具有对定案证据不足,事实不清案件的过滤作用,检察机关公诉部门对非法证据的排除具有当然、重要的职责。目前,公诉环节排除非法证据主要面临以下困难:司法人员理念转变难、辨别非法证据难、发现非法证据难、调查非法证据难等。根据修改后刑诉法关于非法证据排除的立法精神,应当建立以审查起诉阶段排除为核心,以审前、审中、审后为辅助的多层次排除结构。
As an indispensable procedure in criminal procedure, the part of public prosecution has the function of filtering the cases with insufficient evidence and the factual facts, and the procuratorate procuratorial department has, of course, important duties to exclude the illegal evidence. At present, the public prosecution links to exclude illegal evidence mainly faces the following difficulties: changes in the concept of judicial personnel difficult to identify illegal evidence is difficult to find illegal evidence is difficult to investigate the illegal evidence is difficult to wait. According to the revised legislative spirit of the Criminal Procedure Law on excluding illegal evidence, a multi-level exclusion structure with the exclusion of the prosecution phase as the core and with the assistance of pre-trial, trial and post-trial should be established.