The collegial panel will not accept the exclusion of illegal evidence [court trial stage]

Exclusion of illegal evidence is an important litigation right enjoyed by defendants and defenders under the Criminal Procedure Law of the People's Republic of China . It is also an important procedural guarantee for protecting human rights and preventing unjust, false and wrongful convictions. According to the "Regulations on Certain Issues Concerning the Strict Exclusion of Illegal Evidence in the Handling of Criminal Cases" of the Two High Schools and Three Departments, the defendant and the defender's application for the exclusion of illegal evidence must be submitted before the trial. If the application is not made during the trial, but the application is made during the court trial, the application shall be made during the court hearing. Explain the reasons. If, after review, the court has no doubt about the legality of the evidence collection, it shall conduct an investigation. If there is no doubt, the application shall be rejected. The "no doubt" stipulated here should obviously be made only when the collegial panel has sufficient reasons to believe that the collection of relevant evidence was not illegal after review, and should not be rejected by the collegial panel without review.

In practice, if a lawyer discovers illegal evidence collection as stipulated in the Criminal Procedure Law when handling a case, he should promptly submit a written application to exclude illegal evidence before the trial and provide relevant clues or materials. If clues or materials are discovered during the trial, an application to exclude illegal evidence should be made promptly. If the collegial panel refuses to review the application because it has exceeded the deadline, the lawyer should explain the reasons, insist on excluding the application, and ask the clerk to record the relevant application. If the collegial panel does not review the defender's application for exclusion and concludes the case based on relevant evidence, which may affect a fair judgment, in the second instance, the defender can use this as an excuse to request the second-instance court to remand the case for retrial.