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Can Not Force The Application Of The Principle Of Self - Incrimination In Our Country

Posted on:2016-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y YaoFull Text:PDF
GTID:2206330482464651Subject:Law
Abstract/Summary:PDF Full Text Request
"Shall not be forced to incriminate himself is a principle of criminal justice in modern international society, is the lawful rights and interests safeguard the criminal suspect or defendant in criminal justice, one of the important measures is the basis of the criminal suspect or defendant can truly enjoy the right to defend, is a country in certain period to the real truth and procedural justice, controlling crimes and protecting human rights conflict, such as the choice of the lawsuit value of attitude, is also reflect a country’s law is not really the main show of respect for human rights, safeguard human rights. In the constitution and criminal procedure law shall not force the self-incrimination can be applied to any one is under the judicial organs investigation or litigation activities of natural persons. In general, this principle is used to give every citizen a privilege, which is in the face of the state organs of criminal proceeding activities, enjoy the freedom of not forced confession criminal facts. So-called "self-incrimination", refers to the criminal suspect or defendant confession to the investigators or court his criminal facts, namely provides against his guilty confessions or confession. And this kind of confession and confession may be accused by the prosecution as the important evidence to constitute a crime. As a principle of evidence law and shall not be forced self-incrimination principle does not prohibit "self-incrimination" behavior, the ban was "forced self-incrimination" behavior. The core of this principle is to define the connotation and extension of "forced" behavior. And "forced" usually refers to the various investigators used against the suspect the behavior of the true wishes. Newly revised in 2012 of the criminal procedure law of the People’s Republic of China (hereinafter referred to as the "criminal procedural law"), the clear list, such as "torture", "threat", "seduce", "cheat" and other illegal evidence collection behavior, belong to "force" of the legal behavior, which is regarded as "against the criminal suspect real intention" of illegal interrogation. Investigators questioned behavior once constitute a "forced self-incrimination" illegal investigation behavior, its consequences caused by the law, is to the resulting production of oral evidence through the illegal evidence exclusion rule to cancel and be excluded from court, deny its legal capacity as evidence. "Criminal procedural law" clear stipulation of the prohibitive rules, the declaration is a kind of the concept of "shall not be forced to incriminate himself. In China’s criminal procedure law expressly establishing of this principle, not only for criminal justice reform in the future will have important guiding role, and for those who have got to establish the rules of evidence can also act as a concept commander in chief. However, although the criminal procedure law in our country have established the principle of a major milestone, but in the judicial practice and such and such difficulties and obstacles, there are many expect improvement need to perfect the legal person’s joint effort.
Keywords/Search Tags:principle not be compelled self-incrimination, Human rights protection, Procedural justice
PDF Full Text Request
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