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Torture Crime

Posted on:2009-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:H Q LiFull Text:PDF
GTID:2206360248951025Subject:Law
Abstract/Summary:PDF Full Text Request
The reorganization of the subject of the crime of extorting a confession by torture and the condition for the crime of extorting a confession by torture changing into the crime of intentional injury or homicide, which puzzles the judiciary reality for a long time and also makes the academic circles dispute deeply. This thesis researches the two problems by the aid of a case and in the way of law case analytical report.The thesis is made of six major parts, about 10,600 words. Be respectively:Part I: Brief. Be that case of the probationer causing somebody slight wound case.Part II: Case. This part describes that one probationer, some person called Lee, extorts a confession by torture one person called Wang, who is a criminal suspect, and causes Wang slight wound during practice period.Part III: The focal point of case. This thesis has two points, which is:Firstly, the probationer who is called Li belongs to the judiciary personnel or not, and he can be the subject of the crime of extorting a confession by torture or not?Secondly, judiciary personnel extorting a confession by torture somebody to cause the person slight wound should change into the crime of intentional injury or not?Part IV: Dispute and divergent idea. This part elaborates five opinions to this case from the judiciary reality.Part V: Legal principle is analyzed. Firstly, this part researches the subject of this crime, elaborates three opinions(the blood lineage theory , the function theory and the compromise theory )to the subject of this crime and pointes that the definition of the judiciary officers should base on the judgment of bearing judiciary duty or not. The person who doesn't have judicial dignity but represents judicial authority being engaged into the judiciary jobs may also become the judicial officers. Secondly, the thesis analyzes extorting a confession by torture causes somebody slight wound should change into the crime of intentional injury or not on what is the meaning of "disability" and "causing somebody disability" includes or not fault , approaches "causing somebody disability" from academic circles' two different angles and "disability includes or not fault" from academic circles' three different angles .The author pointes that "Disability" should only mean serious injury, "causing somebody disability" is only intentional disability, and intentionally causing somebody slight injury does not change into the crime of extorting a confession by torture.Part VI: Conclusion . The probationer Li is not judicial officer. Only when he tortures criminal suspects or defendants with judicial officers, he can compose the crime of extorting a confession by torture .Li's action of extorting a confession by torture causes somebody slight wound can not be the crime of extorting a confession by torture and can only be the crime of intentional injury.
Keywords/Search Tags:Extorting a confession by torture, judicial officer, disability, deliberately hurts
PDF Full Text Request
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