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一、刑事视听证据的概念、特征 刑事视听证据是指司法机关或经授权的国家安全部门,依法在其职权范围内使用录像、录音等科技手段对犯罪行为人或嫌疑人进行监控而获取的证据。可分为两大类:刑事影像证据和刑事声像证据。 其特征有:(1)采取刑事视听证据的主体具有职能的特定性,即专门的司法机关或经授权的国家安全机关。(2)采取视听证据的目的是通过技侦手段再显全部或部分犯罪过程,以及直接录像监控、录音监控获取直接证据。(3)采取刑事视听证据必须经过申请、复核、审
I. The concept and characteristics of criminal audiovisual evidence Criminal audiovisual evidence refers to the evidence obtained by the judiciary or the authorized national security department in monitoring the criminal or suspects by means of video, audio and other technical means within its scope of functions according to law . Can be divided into two categories: criminal imaging evidence and criminal audio and video evidence. Its characteristics are as follows: (1) Subjects adopting criminal audio-visual evidence have the specific function of functions, that is, special judicial organs or authorized national security organs. (2) The purpose of taking audio-visual evidence is to obtain direct evidence through the means of reconnaissance and reappearance of all or part of the criminal process as well as direct video surveillance and sound recording monitoring. (3) to take criminal audio-visual evidence must be applied for, review, trial