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欺骗,作为一种必要的恶,侦讯人员在实务中经常作为侦讯策略而运用,但应注意对其予以适当的限制,否则会带来严重的消极后果。美国对于欺骗之术的使用有着比较成熟的经验,我国可以借鉴。我国立法中应明确侦讯中采取欺骗手段的合法性与必要性,但应对其运用进行适度的限制,从而在打击犯罪与保障人权之间取得利益的均衡,同时侦讯实务中欺骗方式的运用应符合以下三个条件:其一,必须符合比例原则,其二,欺骗手段的实施不得具有诱发被追诉者虚假陈述的危险;其三,欺骗方式的实施不得使社会民众的良知感到愤慨。
Deception, as a necessary evil, is often used by investigators as substantive investigative strategies, but care should be taken to impose appropriate restrictions on them, otherwise serious negative consequences will result. The United States has relatively mature experience in the use of techniques of cheating and our country can learn from it. In our country’s legislation, the legitimacy and necessity of deception should be clarified in the investigation. However, the application of deception should be modestly limited so as to achieve a balance of interests between the fight against crime and the protection of human rights. At the same time, The following three conditions should be met: First, the principle of proportionality must be complied with; secondly, the implementation of deception must not involve the risk of causing false statements by the person being prosecuted; thirdly, the implementation of deception should not upset the conscience of the public.