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修订后的《刑事诉讼法》(以下简称新刑诉法)实施一年多来,非法证据排除、证人出庭等多方面有一定进步,但律师会见难、刑讯逼供转移等问题仍亟待解决。多位法律界人士认为,贯彻落实新刑诉法最好的是公安机关,看守所的管理变化最大。然而,检察机关却出现退步,刑讯逼供已经向检察机关转移。在有的地方,检察机关刑讯逼供的现象越来越突出,已经超过了公安机关。检察机关刑讯逼供超过公安机关,这个说法让人猛然一惊。在人们的印象中,像赵作海案、佘祥林案、张氏叔侄案等近年出现的刑讯逼供冤案,都发生在公安机关侦办案件过程中,检察机关侦办案件以刑讯逼供酿下冤案的似乎还很少听说。
The revised Criminal Procedure Law (hereinafter referred to as the new Criminal Procedure Law) has been implemented for more than a year. There have been some improvements in the exclusion of illegal evidence and the appearance of witnesses. However, the lawyers’ meeting and the transfer of torture are still in urgent need of solution. Many legal professionals believe that the best way to implement the new Criminal Procedure Law is the public security organ. The detention center has the most changes in management. However, procuratorial organs have shown signs of retreat and torture has been transferred to procuratorial organs. In some places, procuratorial organs have become more and more prominent in the phenomenon of torture by torture and have surpassed the public security organs. Prosecutors torture over public security agencies, this statement makes people suddenly surprised. In the people’s minds, cases of torture and torture in recent years such as Zhao Zuohai, She Xianglin and Zhang’s nephew cases all occurred in the process of investigating and handling cases by the public security organs. It seems that the procuratorial organs investigated and prosecuted cases forcing them to torture others for redressing injustice. Less heard.