Detecting The Mistakes In The Interrogation

In recent years, a series of serious criminal misjudged case exposure by media, cause misjudged criminal cases occurred mainly in investigative interrogation procedure the deviation in operation. The Du Peiwu case and the She Xianglin case is a very typical cases occurred in investigation and interrogation. Du Peiwu case revealed serious torture to get confessions exist in interrogation, She Xianglin revealed transcripts distortion in interrogation. Causes of misjudged case in the stage of investigation and interrogation are the following: Behind the litigation idea ingrained, forensics and investigation confession first view, the idea of guilt is serious; lack of the right of silence in China, the truthfully answer is I have guilt; lack of the right of lawyer presence in investigation and interrogation, in the presence right of lawyer not in our legal supervision interrogation; investigation supervision mechanism of our country lack of procedural constraint, led the control mechanism reduction; distortion conceal improper interrogation record, choose the the said of suspect to record, concealed induction process become the need of the record form. To prevent the occurrence of misjudged case investigation and interrogation: need to change the lawsuit idea, from the view of testimony standard to change based on the investigation of evidence, let people know the idea of innocence; to construct the right of silence China, the silence right China type in the judicial practice of our country had the right of silence system, open the the door on the right to silence, a lot of scholars support this idea. The specific content of the right to silence is the limited right to silence, the right of silence is used to the facts of the case, the other information does not enjoy the right of silence; to establish the right of lawyer presence in investigation and interrogation, lawyer presence right can prevent the defendant in the trial evidence, in order to cut down judicial resources, the idea of protect human rights is enhanced gradually, a lot of people look forward to establish the presence right of lawyer. Lawyer presence right of the specific content should be in the form of the early presence right of lawyer presence right of lawyer assistant, essence, then gradually developed into a real lawyer presence right pattern; constructing interrogation synchronized supervision, when the suspects were arrested, they will be sent to detention immediately, this law provides the feasibility of places for the investigation and interrogation synchronized supervision. China’s supreme people’s carry out the "the guiding investigation" reform measures for the investigation and interrogation synchronized supervision has brought the light. The specific content of investigation and interrogation synchronized supervision is the supervision and give full play to the role of the prosecutor in the interrogation process, to full supervision and signature in the transcripts of interrogation; to establish the rule of supply to confession, the evidence rules are rich at present in our country, the confession not confirm a case is known day by day, provides a strong academic atmosphere for the establishment of the rule of supply confession. The specific content of the rule of supply to confession is to reinforce the confession, supply evidence should be the focus in audio and video, audio and video to strict examination.