On The Crime Of Torture

Torture all times and in all judicial activities are a common crime. In the absence of protection of human rights in the feudal society, because of the implementation of the system Inquisitorial Procedure, depending on the statements of prisoners to the king of evidence, torture was used as a legitimate means of interrogation and long-term use, resulting miscarriage abound. The 17th century, with the rise of the Enlightenment, human rights, humanitarian, etc. Under the guidance of the concept of progress, torture its extreme cruelty, inhuman and has been strongly criticized. Because of historical, natural, social and other factors, the performance of our country, especially at extorting confessions by torture, still continue despite repeated prohibitions in default despite repeated. China's current Criminal Code in 1979 on the basis of the Penal Code the crime of torture was amended, but in judicial practice that the crime of extorting confessions by torture remains more controversial, whether it is the main crime, or object, or the disabled person will be given by the provisions of committed to transformation, in theory and judicial practice, there are different in both the Know. In this paper, based on the previous demonstration, combined with the provisions of relevant legislation, the crime of torture carried out some basic questions to clarify, the crime of extorting confessions by torture to try to find the flaws in the legislation and to make appropriate recommendations to improve the legislation.In this paper, about 30000 words, divided into four parts:Partâ… : From the legal to the illegal torture of historical evolution. The summary of confessions by torture from legitimate part of the history and evolution of the illegal crime of the legislative process of extorting confessions by torture. Whether Chinese and foreign, have been acts of torture as a legitimate long-term use of interrogation techniques, the history of Chinese and foreign criminal law miscarriage caused by endless torture, has seriously affected the fairness of the judicial system and authority gradually prohibited by legislation.Partâ…¡: The basic characteristics of the crime of extorting confessions by torture. The part of elements from the crime of torture into the five basic features: (1) the multiplicity of the object - the complexity of the object. Acts of torture victims is a violation of personal rights, but also hinder the normal activities of the judiciary, the violation of the crime of torture has a dual nature of the object. (2) the subject-specific - the judicial staff. According to Article 94 of the Criminal Code provisions, the administration of justice is the responsibility of staff investigation, prosecution, adjudication and supervision of the duty staff. (3) the certainty of objects - a criminal suspect or accused person. In accordance with the provisions of the Code of Criminal Procedure, where the "criminal suspects" should be limited to the investigation by the authorities to take specific measures of criminal people. (4) of the means of corporal punishment-corporal punishment or corporal punishment in disguise. Behavioral characteristics of this crime is the suspect, the defendant to implement corporal punishment or corporal punishment in disguise. (5) The purpose of torture-to extract confessions. Human acts are for the purpose of torture to extract confessions, if the perpetrator of criminal suspects and defendants, the use of corporal punishment or corporal punishment is not a disguised form in order to extract confessions, but for other purposes, does not constitute the crime.Partâ…¢: The judicial practice of extorting confessions by torture that the crime problem should be noted. The main part of the crime of extorting confessions by torture law understanding of some difficult problems. (1) "disability" within the meaning of understanding. Think of this article should be "disabled" as a two-tier means: first, sustained minor injuries and two are seriously injured (including disabled). (2) "disabled person to death" include the understanding of fault. In this paper, that "the disabled person to death," the subjective intent should be direct, does not include negligence. (3) the crime of torture into the understanding of crime. In this paper, that "the disabled person to death in accordance with Article 234 of the Penal Code, the provisions of Article 232 shall be punished severely," is only charges the transformation, rather than the transformation of the entire process. Which the provisions of the transformation of the offense are not scientific and can amend the crime of extorting confessions by torture Sentence, and no need to require the conversion charges.Partâ…£: The crime of extorting confessions by torture defects and improve the proposed legislation. This is part of the focus of this article, and in front of the three parts of the crime of torture is to understand probability compared to belong to this part of the crime of torture ought to be studied. (1) The main limited to a narrow scope of judicial officers in the judicial practice of extorting confessions by torture can not be effectively protected by the law violated benefits, especially in law and order cases of torture occurred during the criminal case does not happen in the nature of confessions by torture distinction. In this paper, therefore suggested that the main expansion of torture for the crime of crimes "have questioned the right person", the corresponding object of the crime has changed to "staff to be questioned." (2) Set a reasonable penalty. This article holds that the crime of extorting confessions by torture Sentence low profile position and is too single and minor, from the responsibility to adapt the principles of punishment. Into the provisions of the charges is not very scientific, judicial practice in easily misunderstood.