{"title":"Deceptive forensics and the “generalized” negation of the evidences","authors":"Qiu Yaping","doi":"10.4103/jfsm.jfsm_9_19","DOIUrl":null,"url":null,"abstract":"Deceptive interrogation, undercover investigation, special information, and covert spying may be used as deceptive evidentiary acts. By Article 52 of the Criminal Procedure Law, these methods must undergo the examination of the admissibility of evidence in the trial stage. How interpretate obtaining evidence by deception such judicial postmortem review should include the necessity of investigation and the legality of investigation. The sources of information examined should not only be limited to the defendant's confession and prosecution files but also include the evidence of personal testimony, intelligence sources, and material evidence sources, especially the appropriate presentation of investigation files. In a case, the necessity, possibility, and possibility of distortion of the means of obtaining evidence determine whether the specific evidence has the legality of evidence. Documents must be able to truthfully reflect the implementation process of specific evidence in the case.","PeriodicalId":36434,"journal":{"name":"Journal of Forensic Science and Medicine","volume":"7 1","pages":"96 - 104"},"PeriodicalIF":0.0000,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Forensic Science and Medicine","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.4103/jfsm.jfsm_9_19","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
Deceptive interrogation, undercover investigation, special information, and covert spying may be used as deceptive evidentiary acts. By Article 52 of the Criminal Procedure Law, these methods must undergo the examination of the admissibility of evidence in the trial stage. How interpretate obtaining evidence by deception such judicial postmortem review should include the necessity of investigation and the legality of investigation. The sources of information examined should not only be limited to the defendant's confession and prosecution files but also include the evidence of personal testimony, intelligence sources, and material evidence sources, especially the appropriate presentation of investigation files. In a case, the necessity, possibility, and possibility of distortion of the means of obtaining evidence determine whether the specific evidence has the legality of evidence. Documents must be able to truthfully reflect the implementation process of specific evidence in the case.