On the rules of exclusion of illegal evidence, the rules of exclusion of illegal evidence are discus

, what is the rule of exclusion of legal evidence.

1. The rule of exclusion of legal evidence is the court's responsibility to investigate evidence whose legality is in doubt.

2. Main contents:

1) The stage of initiating the investigation of the legality of evidence: during the court trial;

2) Prerequisites for initiating the investigation of the legality of evidence: The adjudicator has doubts about the legality of the evidence provided by the prosecution and defense, and believes that there may be evidence collected by law;

3) Scope of investigation of the legitimacy of evidence:

a.Evidence of criminal suspicions, confessions of defendants, violence and threats, and statements of victims;

b.Physical and documentary evidence collected in violation of legal procedures.

4) Types of Evidence Legitimacy Investigation Procedures: Court Investigations.

Entities that have the right to apply for the initiation of legal evidence collection and investigation procedures.

1.the parties (defendant, victim, sue);

2.Plead;

3.Lawsuit**.

1.Clues and materials are not required to reach the level of conclusively and fully proving the existence of forensic evidence;

2.As long as these clues and materials are used to arouse the court's doubts about the legality of the evidence.

Obligation of investigators and other personnel to appear in court to explain the situation:

1) The initiating body of the procedures for investigators and other personnel to appear in court

a.Procuratorate: Where the existing evidence provided by the procuratorate to the court cannot prove the legality of evidence gathering (the materials proving the legality of the evidence collection do not meet the standard of credible and sufficient proof, do not form a complete chain of evidence, and do not reach the level of mutual corroboration between the evidence), the procuratorate may request the court to notify the relevant investigators and other personnel to appear in court to explain the situation;

b.Court: The court may notify the relevant investigators and other personnel to appear in court to explain the situation;

c.Relevant investigators and other personnel: Relevant investigators and other personnel may also request to appear in court to explain the situation (provided that the available evidence does not prove the legality of the evidence gathering).

2) The main body of appearing in court to explain the situation is the person related to proving the legality of evidence gathering: relevant investigators and other personnel.

3) Mandatory appearance in court to explain the situation: After being notified by the court, the relevant person should appear in court (there is no option to appear in court to explain the situation).

Mentions] An explanation of the circumstances refers to a written explanation of the problems that exist and need to be resolved in the course of the investigation of a criminal case in the name of the unit or in the name of the investigators of the investigating organs and the investigation departments of the procuratorial organs in the course of criminal proceedings (the explanation of the circumstances is not documentary evidence).

5.Standard of proof for exclusionary evidence: Where after a court trial, it is confirmed or cannot be ruled out that there is a situation of gathering evidence by law, the relevant evidence shall be excluded.

a.The court confirmed that the evidence of disputed legality was obtained by law (the evidence was sufficient to prove the existence of the law);

b.The court is not convinced of the legality of the evidence (the available evidence does not exclude the possibility of the existence of the law).

1. It is conducive to the judicial organs to strictly enforce the law.

It is conducive to the judicial organs to strictly enforce the law and effectively stop the illegal collection of evidence by judicial personnel. Establish rules for the exclusion of illegal evidence so that law enforcement officials can think about the consequences of violations before they commit them. The exclusion of illegal evidence is the ultimate negation and condemnation of the judicial organs' investigation and collection of evidence.

It is beneficial for citizens, legal persons, or other organizations to supervise law enforcement agencies, and when law enforcement agencies use illegal hand-to-hand combat to investigate and collect evidence, citizens, legal persons, or other organizations have the right to refuse and request exclusion in subsequent litigation procedures. The most effective way to deny a litigating act is its invalidity, and the most effective way to stop the illegal collection of evidence by the case-handling personnel is to declare that the evidence obtained illegally is inadmissible. In this way, the judicial organs are urged to abide by the law and handle cases in accordance with the law.

2. Conducive to the Thorough Correction of Illegal Acts The rule of exclusion of illegal evidence is conducive to the thorough correction of illegal acts and the prevention or reduction of wrongful convictions. In practice, the reasons for wrongful convictions are all related to the illegal collection of evidence by the case-handler, and although the rule of exclusion of illegal evidence may indulge in crimes, its greatest advantage is to ensure the voluntariness of verbal evidence, so as to achieve the purpose of accuracy of conviction and punishment.

3.It is conducive to effectively protecting the rights of litigation participants.

In accordance with the provisions of the "People's Procuratorate Rules of Criminal Procedure", repeated confessions that are identical to the confession made by the suspect under the influence of torture shall be excluded in accordance with the provisions of the "People's Procuratorate Criminal Procedure Rules". However, during the period of review of arrest and review of Yinying's indictment, the procuratorate informs the suspect of procedural rights during interrogation, and other circumstances such as voluntary confessions.

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