Extortion Of Confession By Torture Synthesis Consideration

This article is from the meaning of extorting confessions by torture,the reasons for,the harm and countermeasures launched discussed.In the meaning of extorting confessions by torture,the article provides a brief analysis of extorting confessions by torture,the basic legal elements,in this process,with emphasis On the two issues.First,the extortion of confessions by torture includes not only members of the judiciary that is the main normal,but also including some non-normal main non-judicial personnel,such as individual members of joint defense of law and order,such as prison Laotou Pa.Second,extorting confessions by torture not only exists in the part of the criminal investigation,but also exist in law and order only penalties links,which exist more prominent performance in Lien and Interrogation,this article on a special train.For the reasons for the extortion of confessions by torture,extortion of confessions by torture article from the subjective and objective reasons for the cause of exposition.Proved to focus on the subjective purpose of extorting confessions by torture and interrogation of the investigation "excessive" of the secret.During this process,the extortion of confessions of the other reasons for a relatively brief interludes in the exposition.First,the subjective purpose of extorting confessions by torture,can be divided into a public lynching-for the torture and, for this important issue,especially for the lynching-and often not given due attention or even easily overlooked.If we say that torture is for the public understanding of the limitations of words,it means that for the lynching-"power rent-seeking" and not just violations of human rights.Second,the investigation of interrogation procedures "over" secret of extorting confessions by torture is the most important objective reasons,to prove the existence of extorting confessions by torture,evidence collection,fixed can achieve,and does not advance the prevention of the occurrence of extorting confessions by torture.For extorting confessions by torture,the harm to the article after the first comprehensive exposition of the specific methods.First,the purpose of extorting confessions by torture from the start,and gradually analysis,pointed out that extorting confessions by torture,not conducive to the fight against crime,but on the contrary will create new criminal offences or even indulgence,but also not conducive to the protection of human rights,thereby further undermining the authority of the law.Second,it reflects strong extorting confessions by torture and other issues specific to be compared.Pointed out that the extortion of confessions by torture in the criminal law against corruption and bribery than the more serious in the criminal proceedings and extended custody,lawyers excessively restrict the rights and interests of such issues,the greater the harm.Countermeasures on the extortion of confessions by torture,the use of the article after the first anti-method are discussed.First,the extOrtion of confessions by torture contain some of the more popular measures,to a certain reflection,such as the Right to Remain Silent, ONUS principle,illegal evidence exclusion rules in the country's specific legal environment in which there may be limitations and the non-viability.Secondly,to be effective measures, including surveillance charge separation system,questioning witnesses system,physical examination of the system,it should be necessary to carry out the transformation or settings. For example,the grantor separation detection system not only make the detention center with public security organs separated,and to the detention center,and the compulsory treatment of all detainees under the public security organs,to the competent organs of the administration of justice,not to the courts or procurates jurisdiction.Similarly,the questioning witnesses system,the system of witness testimony the corresponding countermeasures to be taken on.