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同步录音录像制度在我国职务犯罪侦查领域内实施了数年,这一制度在实施的过程中遇到了一系列亟待解决的问题,各地检察机关在实践中也积极的探索了一些应对措施,修改后的《刑事诉讼法》将同步录音录像法定化后,对检察机关职务犯罪侦查提出的要求也更上了一个台阶,由此给侦查人员带来的挑战越发凸显出来。然而,由于法律中只有原则性的规定缺乏具体实施的配套方案,使得同步录音录像的实施并不顺畅,且该制度已经于2013年正式实施,因而需要进一步明确并完善的事项也较多。本文以修改后的《刑事诉讼法》为背景,探讨了同步录音录像制度在实践中遇到的典型问题,并提出了完善该制度的意见和建议。
The simultaneous recording and recording system has been implemented for several years in the field of duty crime investigation in our country. This system encountered a series of problems to be solved in the process of its implementation. Procuratorial agencies around the world also actively explored some countermeasures in practice. After the amendment The “Criminal Procedure Law” to synchronize audio and video after the legalization of the prosecutor’s duty crime investigation requirements also stepped up to a higher level, which brings challenges to the investigators increasingly prominent. However, due to the fact that only the principle-based provisions in the law lacked supporting packages for specific implementation, the implementation of simultaneous audio-video recording was not smooth and the system was formally implemented in 2013, so more issues need further clarification and improvement. Based on the revised Code of Criminal Procedure, this article explores the typical problems encountered in the practice of synchronous audio-video recording system and puts forward suggestions and suggestions for perfecting the system.