The Research Of Withdrawn Confession On Court

In the practice of criminal justice in China, it's a common phenomenon that the defendant withdrawn his confession on court. In order to improve the efficiency of proceedings and crime-striking, judges often ignore the on-court confession of defendant, or do not adopt it even without review. Such a practice not only connive the illegal confession extorted by torture and other offences, but also cause missing opportunity to find the fact in light of on-court confession, thus unable to avoid the occurrence of unjust. The auther holds, withdrawn confession on court is a way of exercising the right of defence by defendant, and the on-court confession is a form of the defendant's confession. Judges should take an objective view at this phenomenon. This article is intended to analyze the institutional reasons that lead to withdrawn confession happen so frequently in China, and put forward some effective suggestions to reduce the occurrence of it. As to the withdrawn confession that already happened, this article points out the right way to handle it. Then we can make a combination of justice and efficiency, striking crime and protecting human rights. This article is divided into four parts, a total of more than 30,000 words. The specific structure as follows:The first part provides an analysis of the concept and characteristics, the types, the legal nature and role in criminal proceedings of withdrawn confession on court. Withdrawn confession on court is a phenomenon that the defendant deny his prtrial confession and plea innocent in the trial. It has the following characteristics: (1) the subject is the defendant; (2) the precondition is having pretrail confession; (3) the time limitation is the whole process of trial; (4) the content is denying confession of guilty, making statement of innocent. According to it's form and substance, on-court confession can be divided into persistent or iterative type, and legitimate or disavowal type. As to the legal nature, withdramn confession on court is an exercise of the right of defence by defendant, and the on-court confession is a legal form of evidence. In addition to the negative effects of causing unjust and reducing the efficiency of proceedings, on-court confession also has the following positive effects: (1) help to implement the principle of don't believe confession credulously; (2) to improve the ability of public security and judicial personnel; (3) to identify the fact of the case, guaranteeing judicial justice. The second part provides an analysis of the reasons for on-court confession. Obturation and conpulsion of the procedure of investigation and interrogation is the root that why defendant withdrawn his confession on court. The institutional reasons that on-court confession is common in China but not common in other countries are: (1) pretrial confession is not true; (2) pretrial confession is not voluntary; (3) pretrial confession is made without knowing or wise; (4) on-court confession cost low but return high.The third part puts forward countermeasures to reduce on-court confession, so as to avoid unreasonable and unnecessary on-court confession, improving the efficiency of criminal proceedings. Specific measures are: (1) prohibit extorting confession by torture; (2) establish the limited right to silence system; (3) expand procedure participation of lawyers; (4) make full audio or video of the interrogating procedure; (5) establish a pretrial procedure of plea. The fourth part points out the right way to handle the on-court confession that already happened. First of all, when handling cases of on-court confession, judges should strictly follow the exclusive rule of illegal confession and the principle of don't believe confession credulously. Second, use pretrial confession appropriately. The defendant's pretrial confession not only can be used to question his on-court confession, but also can be used as substantial evidence if there have authenticity safeguards. Finally, Judges should review the defendant's on-court confession carefully, then make a choice between the pretrial confession and the on-court cofessions according to the combination of all evidence in case. Specific methods are directly review, indirectly review, and exclude by comparing.