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在刑事程序法上,卧底侦查必须遵循特有的程序法则,卧底警察在超越法律授权的范围之内获得的证据是否有效应该从多方面进行评价。卧底警察身兼侦查官、证人、取证人等多重角色,但在刑事诉讼中,他们的身份保密与上述角色必然存在冲突,卧底警察拒绝出庭作证需有合法、合理的理由。法治国家要求的明确法律规定是卧底侦查在理论与司法实践中赖以存活的土壤。
In criminal procedural law, undercover investigations must follow the peculiar procedural principle. Whether the evidence obtained by undercover police within the scope authorized by the law is valid should be evaluated in many aspects. Undercover police have multiple roles as investigators, witnesses and witnesses. However, in criminal proceedings, their identity secrets inevitably conflict with these roles. Undercover police refuse to testify in court for legal and reasonable reasons. The clear law required by the rule of law is the soil through which undercover investigations survive in both theoretical and judicial practice.