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《刑事诉讼法》规定行政机关收集的证据材料可以在刑事诉讼中作为证据使用,其所指的是实物证据而非言词证据,应包括勘验笔录和现场笔录。这些证据材料欲成为定案证据,需经过关联性、客观性和可采性的审查,尤其是证据的鉴真审查。判断行政机关收集证据程序的合法性,应与侦查机关收集证据程序适用不同标准,审慎适用排除规则,对由此带来的侦查机关通过行政机关“借壳”取证的可能性也应有充分的警惕。
The Code of Criminal Procedure stipulates that the evidence collected by administrative organs may be used as evidence in criminal proceedings, referring to material evidence rather than verbal evidence and should include both transcripts of on-site examinations and on-site transcripts. These evidences are intended to be definitive evidence, subject to review of relevance, objectivity and admissibility, and in particular, proof-of-concept reviews. Judgment of the legitimacy of the administrative organ in collecting evidence should be based on the application of different standards by the investigating authorities in the process of collecting evidence and the precautious application of the exclusionary rules. The possibility of obtaining evidence by the investigating authorities through the administrative organs “backdoor” should also be adequate Vigilance