Problems in the execution of criminal proof by sampling and the countermeasures
In the context of massive evidence,it has gradually become a normal practice that the prosecution files criminal charges based on the sample evidence obtained through probability sampling or non-probability sampling.However,criminal proof by sampling encounters the risk of expanding application and the defense's failure.Through summarizing the current legislations on criminal proof by sampling,this paper analyzes the deficiencies of the existing legislations.On the basis of such analysis,this paper argues an attempt should be made to build a reasonable risk prevention and control mechanism,which should be conducted from three aspects:refining the applicable conditions of sample evidence collection,clarifying specific rules for sample selections for each of the two sampling methods,and reinforcing the safeguard of the defense right,in order to ensure a rational execution of criminal proof by sampling.
Criminal proof by samplingSample evidence collectionProbability samplingNon-probability samplingLarge sample evidence
NETL
NSTL
万方数据
