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在我国刑事司法实践中,对于共同犯罪案件,通过同案人口供互相印证来突破侦查,查明案件真相是司法机关常用的侦查策略。由于同案人之间存在趋利避害、避重就轻,推卸责任的一般倾向,其供述有虚假情况。同时,也存在侦查机关采取刑讯逼供等非法取证导致的供述不真实的情形。如何保障被告人供述,尤其是同案人口供的合法性、真实性,通过制度安排,建立和完善同案人口供证据的程序保障机制,完善同案人口供证据采信规则是极其重要的现实课题。
In the practice of criminal justice in our country, it is a commonly used investigative tactic for the common crime cases to break through the investigation and prove the truth of the case through the mutual proof of the co-smuggling population. Due to the fact that there is a tendency toward avoiding disadvantages and avoiding evasion, the general tendency to shirk responsibility lies in the fact that the confession has falsehood. At the same time, there are cases in which the confession made by the investigation organ through illegal evidence collection such as torture is not true. How to protect the defendant’s confession, especially the legitimacy and authenticity of the co-population, and to establish and perfect the procedural safeguards mechanism for the co-smokers to provide evidence by means of institutional arrangements and to perfect the co-smoker’s rules for evidence collection are extremely important practical issues .