中国证据科学网

　　刻录光盘保存的，应当制作一式两份，在光盘标签或者封套上标明制作单位、制作人、制作时间、被讯问人、案件名称及案件编号，一份装袋密封作为正本，一份作为副本。对一起案件中的犯罪嫌疑人多次讯问的，可以将多次讯问的录音录像资料刻录在同一张光盘内。刻录完成后，办案人员应当在24小时内将光盘移交保管人员，保管人员应当登记入册并与办案人员共同签名。

　　利用磁盘等存储设备存储的，应当在讯问结束后立即上传到专门的存储设备中，并制作数据备份；必要时，可以转录为光盘。

　　第十八条刑事诉讼过程中，除因副本光盘损坏、灭失需要重新复制，或者对副本光盘的真实性存在疑问需要查阅外，不得启封正本光盘。确需调取正本光盘的，应当经办案部门负责人批准，使用完毕后应当及时重新封存。

　　第十九条公安机关办案和案件审核、执法监督、核查信访投诉等工作需要使用讯问录音录像资料的，可以调取副本光盘或者通过信息系统调阅。

　　人民法院、人民检察院依法调取讯问录音录像资料的，办案部门应当在三日内将副本光盘移交人民法院、人民检察院。利用磁盘等存储设备存储的，应当转录为光盘后移交。

　　第二十条调取光盘时，保管人员应当在专门的登记册上登记调取人员、时间、事由、预计使用时间、审批人等事项，并由调取人员和保管人员共同签字。

　　对调取、使用的光盘，有关单位应当妥善保管，并在使用完毕后及时交还保管人员。

　　调取人归还光盘时，保管人员应当进行检查、核对，有损毁、调换、灭失等情况的，应当如实记录，并报告办案部门负责人。

　　第二十一条　通过信息系统调阅讯问录音录像资料的，应当综合考虑部门职责、岗位性质、工作职权等因素，严格限定使用权限，严格落实管理制度。

第四章监督与责任

　　第二十二条　讯问录音录像工作和讯问录音录像资料的管理使用情况，应当纳入所在单位案件审核和执法质量考评范围。

　　对本规定第四条规定的案件，办案部门在报送审核时应当同时提交讯问录音录像资料。审核部门应当重点审查是否存在以下情形：

　　（一）以刑讯逼供等非法方法收集证据；

　　（二）未在讯问室讯问犯罪嫌疑人；

　　（三）未保证犯罪嫌疑人的饮食和必要的休息时间；

　　（四）讯问笔录记载的起止时间与讯问录音录像资料反映的起止时间不一致；

　　（五）讯问笔录与讯问录音录像资料内容严重不符。

　　对本规定第四条规定以外的案件，存在刑讯逼供等非法取证嫌疑的，审核部门应当对讯问录音录像资料进行审查。

　　第二十三条审核部门发现具有下列情形之一的，不得将犯罪嫌疑人供述作为提请批准逮捕、移送审查起诉的依据:

　　（一）存在本规定第二十二条第二款第一项情形的；

　　（二）存在本规定第二十二条第二款第二项至第五项情形而未进行补正、解释，或者经补正、解释后仍不能有效证明讯问过程合法性的。

　　第二十四条对违反本规定，具有下列情形之一的，应当根据有关规定追究有关单位和人员的责任：

　　（一）未对本规定第四条规定的案件讯问过程进行录音录像，导致有关证据被人民法院、人民检察院依法排除的；

　　（二）讯问笔录与讯问录音录像资料内容严重不符，影响证据效力的；

　　（三）对讯问录音录像资料进行剪接、删改的；

　　（四）未按规定保管，致使讯问录音录像资料毁损、灭失、泄露的；

　　（五）私自或者违规调取、使用、披露讯问录音录像资料，影响案件办理或者侵犯当事人合法权益的；

　　（六）其他违反本规定，应当追究责任的。

第五章附则

　　第二十五条公安机关办理刑事案件，需要对询问被害人、证人过程进行录音录像的，适用本规定。

　　第二十六条　公安机关办理行政案件，需要对询问违法嫌疑人、被侵害人、证人过程进行录音录像的，参照本规定执行。

　　第二十七条　本规定自2014年10月1日起施行。各地公安机关可以根据本规定，结合本地实际制定实施细则，并报上一级公安机关备案。

转载自：刑事实务微信平台

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		It was only after the partition of Poland that Russia began to play a great part in Europe. To such statesmen as she had then that act of brigandage must have appeared inspired by great political wisdom. The King of Prussia, faithful to the ruling principle of his life, wished simply to aggrandise his dominions at a much smaller cost and at much less risk than he could have done in any other direction; for at that time Poland was perfectly defenceless from a material point of view, and more than ever, perhaps, inclined to put its faith in humanitarian illusions. Morally, the Republic was in a state of ferment and consequent weakness, which so often accompanies the period of social reform. The strength arrayed against her was just then overwhelming; I mean the comparatively honest (because open) strength of armed forces. But, probably from innate inclination towards treachery, Frederick of Prussia selected for himself the part of falsehood and deception. Appearing on the scene in the character of a friend he entered deliberately into a treaty of alliance with the Republic, and then, before the ink was dry, tore it up in brazen defiance of the commonest decency, which must have been extremely gratifying to his natural tastes. As to Austria, it shed diplomatic tears over the transaction. They cannot be called crocodile tears, insomuch that they were in a measure sincere. They arose from a vivid perception that Austria??s allotted share of the spoil could never compensate her for the accession of strength and territory to the other two Powers. Austria did not really want an extension of territory at the cost of Poland. She could not hope to improve her frontier in that way, and economically she had no need of Galicia, a province whose natural resources were undeveloped and whose salt mines did not arouse her cupidity because she had salt mines of her own. No doubt the democratic complexion of Polish institutions was very distasteful to the conservative monarchy; Austrian statesmen did see at the time that the real danger to the principle of autocracy was in the West, in France, and that all the forces of Central Europe would be needed for its suppression. But the movement towards a partage on the part of Russia and Prussia was too definite to be resisted, and Austria had to follow their lead in the destruction of a State which she would have preferred to preserve as a possible ally against Prussian and Russian ambitions. It may be truly said that the destruction of Poland secured the safety of the French Revolution. For when in 1795 the crime was consummated, the Revolution had turned the corner and was in a state to defend itself against the forces of reaction. In the second half of the eighteenth century there were two centres of liberal ideas on the continent of Europe: France and Poland. On an impartial survey one may say without exaggeration that then France was relatively every bit as weak as Poland; even, perhaps, more so. But France??s geographical position made her much less vulnerable. She had no powerful neighbours on her frontier; a decayed Spain in the south and a conglomeration of small German Principalities on the east were her happy lot. The only States which dreaded the contamination of the new principles and had enough power to combat it were Prussia, Austria, and Russia, and they had another centre of forbidden ideas to deal with in defenceless Poland, unprotected by nature, and offering an immediate satisfaction to their cupidity. They made their choice, and the untold sufferings of a nation which would not die was the price exacted by fate for the triumph of revolutionary ideals. Thus even a crime may become a moral agent by the lapse of time and the course of history. Progress leaves its dead by the way, for progress is only a great adventure as its leaders and chiefs know very well in their hearts. It is a march into an undiscovered country; and in such an enterprise the victims do not count. As an emotional outlet for the oratory of freedom it was convenient enough to remember the Crime now and then: the Crime being the murder of a State and the carving of its body into three pieces. There was really nothing to do but to drop a few tears and a few flowers of rhetoric upon the grave. But the spirit of the nation refused to rest therein. It haunted the territories of the Old Republic in the manner of a ghost haunting its ancestral mansion where strangers are making themselves at home; a calumniated, ridiculed, and pooh-pooh??d ghost, and yet never ceasing to inspire a sort of awe, a strange uneasiness, in the hearts of the unlawful possessors. Poland deprived of its independence, of its historical continuity, with its religion and language persecuted and repressed, became a mere geographical expression. And even that, itself, seemed strangely vague, had lost its definite character, was rendered doubtful by the theories and the claims of the spoliators who, by a strange effect of uneasy conscience, while strenuously denying the moral guilt of the transaction, were always trying to throw a veil of high rectitude over the Crime. What was most annoying to their righteousness was the fact that the nation, stabbed to the heart, refused to grow insensible and cold. That persistent and almost uncanny vitality was sometimes very inconvenient to the rest of Europe also. It would intrude its irresistible claim into every problem of European politics, into the theory of European equilibrium, into the question of the Near East, the Italian question, the question of Schleswig-Holstein, and into the doctrine of nationalities. That ghost, not content with making its ancestral halls uncomfortable for the thieves, haunted also the Cabinets of Europe, waved indecently its bloodstained robes in the solemn atmosphere of Council-rooms, where congresses and conferences sit with closed windows. It would not be exorcised by the brutal jeers of Bismarck and the fine railleries of Gorchakov. As a Polish friend observed to me some years ago: ??Till the year ??48 the Polish problem has been to a certain extent a convenient rallying-point for all manifestations of liberalism. Since that time we have come to be regarded simply as a nuisance. It??s very disagreeable.?? I agreed that it was, and he continued: ??What are we to do? We did not create the situation by any outside action of ours. Through all the centuries of its existence Poland has never been a menace to anybody, not even to the Turks, to whom it has been merely an obstacle.?? Nothing could be more true. The spirit of aggressiveness was absolutely foreign to the Polish temperament, to which the preservation of its institutions and its liberties was much more precious than any ideas of conquest. Polish wars were defensive, and they were mostly fought within Poland??s own borders. And that those territories were often invaded was but a misfortune arising from its geographical position. Territorial expansion was never the master-thought of Polish statesmen. The consolidation of the territories of the Serenissime Republic, which made of it a Power of the first rank for a time, was not accomplished by force. It was not the consequence of successful aggression, but of a long and successful defence against the raiding neighbours from the East. The lands of Lithuanian and Ruthenian speech were never conquered by Poland. These peoples were not compelled by a series of exhausting wars to seek safety in annexation. It was not the will of a prince or a political intrigue that brought about the union. Neither was it fear. The slowly-matured view of the economical and social necessities and, before all, the ripening moral sense of the masses were the motives that induced the forty three representatives of Lithuanian and Ruthenian provinces, led by their paramount prince, to enter into a political combination unique in the history of the world, a spontaneous and complete union of sovereign States choosing deliberately the way of peace. Never was strict truth better expressed in a political instrument than in the preamble of the first union Treaty (1413). It begins with the words: ??This union, being the outcome not of hatred, but of love?? ?? words that Poles have not heard addressed to them politically by any nation for the last hundred and fifty years. This union being an organic, living thing capable of growth and development was, later, modified and confirmed by two other treaties, which guaranteed to all the parties in a just and eternal union all their rights, liberties, and respective institutions. The Polish State offers a singular instance of an extremely liberal administrative federalism which, in its Parliamentary life as well as its international politics, presented a complete unity of feeling and purpose. As an eminent French diplomatist remarked many years ago: ??It is a very remarkable fact in the history of the Polish State, this invariable and unanimous consent of the populations; the more so that, the King being looked upon simply as the chief of the Republic, there was no monarchical bond, no dynastic fidelity to control and guide the sentiment of the nations, and their union remained as a pure affirmation of the national will.?? The Grand Duchy of Lithuania and its Ruthenian Provinces retained their statutes, their own administration, and their own political institutions. That those institutions in the course of time tended to assimilation with the Polish form was not the result of any pressure, but simply of the superior character of Polish civilisation. Even after Poland lost its independence this alliance and this union remained firm in spirit and fidelity. All the national movements towards liberation were initiated in the name of the whole mass of people inhabiting the limits of the old Republic, and all the Provinces took part in them with complete devotion. It is only in the last generation that efforts have been made to create a tendency towards separation, which would indeed serve no one but Poland??s common enemies. And, strangely enough, it is the internationalists, men who professedly care nothing for race or country, who have set themselves this task of disruption, one can easily see for what sinister purpose. The ways of the internationalists may be dark, but they are not inscrutable. From the same source no doubt there will flow in the future a poisoned stream of hints of a reconstituted Poland being a danger to the races once so closely associated within the territories of the Old Republic. The old partners in ??the Crime?? are not likely to forgive their victim its inconvenient and almost shocking obstinacy in keeping alive. They had tried moral assassination before and with some small measure of success, for, indeed, the Polish question, like all living reproaches, had become a nuisance. Given the wrong, and the apparent impossibility of righting it without running risks of a serious nature, some moral alleviation may be found in the belief that the victim had brought its misfortunes on its own head by its own sins. That theory, too, had been advanced about Poland (as if other nations had known nothing of sin and folly), and it made some way in the world at different times, simply because good care was taken by the interested parties to stop the mouth of the accused. But it has never carried much conviction to honest minds. Somehow, in defiance of the cynical point of view as to the Force of Lies and against all the power of falsified evidence, truth often turns out to be stronger than calumny. With the course of years, however, another danger sprang up, a danger arising naturally from the new political alliances dividing Europe into two armed camps. It was the danger of silence. Almost without exception the Press of Western Europe in the twentieth century refused to touch the Polish question in any shape or form whatever. Never was the fact of Polish vitality more embarrassing to European diplomacy than on the eve of Poland??s resurrection. When the war broke out there was something gruesomely comic in the proclamations of emperors and archdukes appealing to that invincible soul of a nation whose existence or moral worth they had been so arrogantly denying for more than a century. Perhaps in the whole record of human transactions there have never been performances so brazen and so vile as the manifestoes of the German Emperor and the Grand Duke Nicholas of Russia; and, I imagine, no more bitter insult has been offered to human heart and intelligence than the way in which those proclamations were flung into the face of historical truth. It was like a scene in a cynical and sinister farce, the absurdity of which became in some sort unfathomable by the reflection that nobody in the world could possibly be so abjectly stupid as to be deceived for a single moment. At that time, and for the first two months of the war, I happened to be in Poland, and I remember perfectly well that, when those precious documents came out, the confidence in the moral turpitude of mankind they implied did not even raise a scornful smile on the lips of men whose most sacred feelings and dignity they outraged. They did not deign to waste their contempt on them. In fact, the situation was too poignant and too involved for either hot scorn or a coldly rational discussion. For the Poles it was like being in a burning house of which all the issues were locked. There was nothing but sheer anguish under the strange, as if stony, calmness which in the utter absence of all hope falls on minds that are not constitutionally prone to despair. Yet in this time of dismay the irrepressible vitality of the nation would not accept a neutral attitude. I was told that even if there were no issue it was absolutely necessary for the Poles to affirm their national existence. Passivity, which could be regarded as a craven acceptance of all the material and moral horrors ready to fall upon the nation, was not to be thought of for a moment. Therefore, it was explained to me, the Poles must act. Whether this was a counsel of wisdom or not it is very difficult to say, but there are crises of the soul which are beyond the reach of wisdom. When there is apparently no issue visible to the eyes of reason, sentiment may yet find a way out, either towards salvation or to utter perdition, no one can tell ?? and the sentiment does not even ask the question. Being there as a stranger in that tense atmosphere, which was yet not unfamiliar to me, I was not very anxious to parade my wisdom, especially after it had been pointed out in answer to my cautious arguments that, if life has its values worth fighting for, death, too, has that in it which can make it worthy or unworthy. Out of the mental and moral trouble into which the grouping of the Powers at the beginning of war had thrown the counsels of Poland there emerged at last the decision that the Polish Legions, a peace organisation in Galicia directed by Pilsudski (afterwards given the rank of General, and now apparently the Chief of the Government in Warsaw), should take the field against the Russians. In reality it did not matter against which partner in the ??Crime?? Polish resentment should be directed. There was little to choose between the methods of Russian barbarism, which were both crude and rotten, and the cultivated brutality tinged with contempt of Germany??s superficial, grinding civilisation. There was nothing to choose between them. Both were hateful, and the direction of the Polish effort was naturally governed by Austria??s tolerant attitude, which had connived for years at the semi-secret organisation of the Polish Legions. Besides, the material possibility pointed out the way. That Poland should have turned at first against the ally of Western Powers, to whose moral support she had been looking for so many years, is not a greater monstrosity than that alliance with Russia which had been entered into by England and France with rather less excuse and with a view to eventualities which could perhaps have been avoided by a firmer policy and by a greater resolution in the face of what plainly appeared unavoidable. For let the truth be spoken. The action of Germany, however cruel, sanguinary, and faithless, was nothing in the nature of a stab in the dark. The Germanic Tribes had told the whole world in all possible tones carrying conviction, the gently persuasive, the coldly logical; in tones Hegelian, Nietzschean, war-like, pious, cynical, inspired, what they were going to do to the inferior races of the earth, so full of sin and all unworthiness. But with a strange similarity to the prophets of old (who were also great moralists and invokers of might) they seemed to be crying in a desert. Whatever might have been the secret searching of hearts, the Worthless Ones would not take heed. It must also be admitted that the conduct of the menaced Governments carried with it no suggestion of resistance. It was no doubt, the effect of neither courage nor fear, but of that prudence which causes the average man to stand very still in the presence of a savage dog. It was not a very politic attitude, and the more reprehensible in so far that it seemed to arise from the mistrust of their own people??s fortitude. On simple matters of life and death a people is always better than its leaders, because a people cannot argue itself as a whole into a sophisticated state of mind out of deference for a mere doctrine or from an exaggerated sense of its own cleverness. I am speaking now of democracies whose chiefs resemble the tyrant of Syracuse in this, that their power is unlimited (for who can limit the will of a voting people?) and who always see the domestic sword hanging by a hair above their heads. Perhaps a different attitude would have checked German self-confidence, and her overgrown militarism would have died from the excess of its own strength. What would have been then the moral state of Europe it is difficult to say. Some other excess would probably have taken its place, excess of theory, or excess of sentiment, or an excess of the sense of security leading to some other form of catastrophe; but it is certain that in that case the Polish question would not have taken a concrete form for ages. Perhaps it would never have taken form! In this world, where everything is transient, even the most reproachful ghosts end by vanishing out of old mansions, out of men??s consciences. Progress of enlightenment, or decay of faith? In the years before the war the Polish ghost was becoming so thin that it was impossible to get for it the slightest mention in the papers. A young Pole coming to me from Paris was extremely indignant, but I, indulging in that detachment which is the product of greater age, longer experience, and a habit of meditation, refused to share that sentiment. He had gone begging for a word on Poland to many influential people, and they had one and all told him that they were going to do no such thing. They were all men of ideas and therefore might have been called idealists, but the notion most strongly anchored in their minds was the folly of touching a question which certainly had no merit of actuality and would have had the appalling effect of provoking the wrath of their old enemies and at the same time offending the sensibilities of their new friends. It was an unanswerable argument. I couldn??t share my young friend??s surprise and indignation. My practice of reflection had also convinced me that there is nothing on earth that turns quicker on its pivot than political idealism when touched by the breath of practical politics. It would be good to remember that Polish independence as embodied in a Polish State is not the gift of any kind of journalism, neither is it the outcome even of some particularly benevolent idea or of any clearly apprehended sense of guilt. I am speaking of what I know when I say that the original and only formative idea in Europe was the idea of delivering the fate of Poland into the hands of Russian Tsarism. And, let us remember, it was assumed then to be a victorious Tsarism at that. It was an idea talked of openly, entertained seriously, presented as a benevolence, with a curious blindness to its grotesque and ghastly character. It was the idea of delivering the victim with a kindly smile and the confident assurance that ??it would be all right?? to a perfectly unrepentant assassin, who, after sawing furiously at its throat for a hundred years or so, was expected to make friends suddenly and kiss it on both cheeks in the mystic Russian fashion. It was a singularly nightmarish combination of international polity, and no whisper of any other would have been officially tolerated. Indeed, I do not think in the whole extent of Western Europe there was anybody who had the slightest mind to whisper on that subject. Those were the days of the dark future, when Benckendorf put down his name on the Committee for the Relief of Polish Populations driven by the Russian armies into the heart of Russia, when the Grand Duke Nicholas (the gentleman who advocated a St. Bartholomew??s Night for the suppression of Russian liberalism) was displaying his ??divine?? (I have read the very word in an English newspaper of standing) strategy in the great retreat, where Mr. Iswolsky carried himself haughtily on the banks of the Seine; and it was beginning to dawn upon certain people there that he was a greater nuisance even than the Polish question. related links: [chenrenfan108]
	>	123 发表评论: ( 2015-1-9 22:37:17 )
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	>	nnso 发表评论: ( 2015-2-15 8:32:14 )
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	>	粮农发表评论: ( 2015-3-23 17:06:37 )
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	>	poloralphlaurenpascher 发表评论: ( 2015-4-24 11:32:28 )