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On The Extorting A Confession By Torture In Criminal Law

Posted on:2013-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:D TangFull Text:PDF
GTID:2256330401450930Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Whether an act could be identified as the crime of extorting confessions bytorture or not is directly determined by the theories of torture acts. The meaning ofextorting confessions by torture develops from the etymology is apparently differentfrom the criminal law. It is hard to distinguish extorting confessions by torture fromillegal detention and force the certificate. Thus there is lots of dispute in ranging theconduct when using torture to coerce a statement. Such as the quarrel of the object ofthe offence among the citizens’ personal rights, democratic rights, and the nationalinterest etc. Extorting confessions by torture certainly contains using of corporalpunishment or corporal punishment in disguise. Mental punishment should be takeninto consideration as a sort of extorting confessions by torture according to modernidea of human rights, civil rights convention and the presumption of innocence. Thereis no doubt that the target of extorting confessions by torture is not legal person, butthe natural person.However, the scope of this behavior is hard to identify in theoryand judicial practice. When concerned cracking down crimes, protecting the citizensand safeguarding judicial fairness and justice, it seems that all others should beincluded except for the suspect and defendant. But there should be a restrict definitionof “people”, it refers to those offenders in the administrative, civil and public ordercases. In order to define the extorting confessions by torture exactly, making adistinction between extorting confessions by torture and illegal detention,force the certificate, intentional injury, intentional homicide is necessary. The crime ofextorting confessions by torture is a complex object, but illegal detention is single.The purpose of torturing is to extort confession, for the forcing it’s testimony. If thebeating caused maim or death, it may be possible that this act would be treat as anintentional injury or a murder. However, the injury should be severe wound or above.
Keywords/Search Tags:the behavior of extort confessions by torture, corporal punishment, corporal punishment in disguise, Torture crime, intentional injury, intentional homicide
PDF Full Text Request
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