On The Torture Crime

The crime of extorting confessions by torture (ECT) refers to the act committed by judicial officers who extort confession from criminal suspects or defendants by corporal punishment.The act of ECT had been adopted as a legal method of interrogation for a long period both in China and abroad. Thus ,there were endless unjust cases ,which greatly reduced the authority of judicial system. Having been attacked violately by the public , inquisition by torture was gradually forbidden by legislation.The object of OECT1 refers to the personal rights as well as normal procedure of judicial office . On the one hand , the subject of ECT abuses his power and violates the judicialauthority ; on the other hand , the victims are offended against both body and personal rights. But the formulation of OECT is designed to restrict the offence against personal body by judicial officers , which violates judicial proceedings and belongs to a special professional crime ,which better reveals the character of OECT.The criminals of OECT refer to the criminal suspects or criminal defendants , not the usual law-breaker. According to criminal lawsuit , the criminal suspect here should be confined to the one who has been taken coercive measures by the preliminary investigation . The character of OECT is extorting confessions from criminal suspects or defendants by corporal punishment or disguised corporal punishment . That point is not clearly expressed in Chinese criminal law article , and the act of OECT should be established in detail : the act that hurts both human body and spirit.The subject of OECT is judicial officer . The related legal article explain that , the person who is employed by judicial office and has judicial power to try the criminal suspect or defendant may correspond to the terms of subject and may become the subject of OECT . The common safeguards can't be decided to commit the crime alone, and they may be jointoffenders together with the judicial officer.The subject of OECT and to extort confessions by torture deliberately. If the motive is not to extort confession, but out of other purpose, the crime of OECT shouldn't be established. However, the acts of ECT offends other's personal rights and do harm to the society. The motive mentioned above can only influence measurement of penalty, not the adjudgement.The difference between OECT and illegal constraint. It should be noticed that the act of OECT is usually accompanied by constraint. The key point is whether the constraint is executed on lawful condition or in legal proceedings.The cases that lead to injury or death should be sentenced to intentional killing or intentional injury, and be punished severely, which can be identified as transform crime. But only the subject have the subjective intention, the committing can be transformed to intentional killing or injury.