The standardized execution of proof by sampling in criminal proceedings
In criminal proceedings,there are three types of proof by sampling,including proof by sampling in the investigation,forensic proof by sampling in the investigation and forensic proof by sampling at trial.Proof by sampling in the investigation refers to the proof carried out by investigation organs on the samples collected by such organs.The need of establishing standard guidance of proof by sampling stems from the emergence of massive evidence era,the loosening of objective proof thinking and the arbitrary operation of sample evidence collection.Under current law,proof by sampling in the investigation is deemed as an evidence collection method.Such understanding fails to recognize its essence as proof and cannot provide clear guideline for practice.Proof by sampling in the investigation can be divided into two types:quantitative and non-quantitative.In essence,they are both proof methods that rely on science and are conducted by investigation organs.The results that are derived from the two methods resemble expert opinions.The realization of the standardized execution of proof by sampling in the investigation should be based on the recognition of the independent status of forensic sampling report,along with the improvement of the procedural and technical rules,the clarification of the cross-examination rules,the establishment of the inspection rules,and the constriction on the presumptive permission of such proof.
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