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Proof Of Extorting Confessions By Torture

Posted on:2014-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:C NieFull Text:PDF
GTID:2256330401478248Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Extorting confessions by torture are the behavior that the police force thedefendant to go against the wishes of confession, with the use of corporal punishmentor disguised form of corporal punishment or other defendant in physical or mentalharm to severe pain or suffering. Confessions obtained by torture may cause adverseconsequences: the innocent may be ultimately forced to admit that the implementationof the crime, due to unbearable torture behavior. While the implementation of thecriminal actors may be eventually identified as not guilty, due withstood the "test" oftorture and was. Forced confessions may cause serious harms, such as violations ofhuman rights, undermining judicial authority, the behavior of the administration ofjustice, and the obtained evidence exists some possibility of false, the facts of the case,the fairness of the serious obstacles. Therefore, according to the advance of themodern concept of the rule of law, the evidence obtained by torture and other illegalmeans necessarily excluded from the proceedings outside.However, due to the characteristics, the extorting confessions by torture casesand other criminal cases has significant difference. The evidence collection of forcedconfessions is a major problem in the interrogation process. Therefore, theinvestigators of the suspects, forced confessions behavior. It is difficult to find a thirdparty to be proved. Even find the presence of other people, mostly for theimplementation of the forced confessions of accomplices or other investigators, cannot be proved the existence of forced confessions behavior. In addition, a variety of confessions through torture, not only corporal punishment, there simply can not findthe scars disguise corporal punishment even corporal punishment of Investigation in alonger detention period for their injuries may have healed, the parties can not be proof.Accordingly, for the defendant, the confessions department investigators throughtorture to obtain, the request made by the defense to exclude evidence of theproceedings, due to the limited capacity and condition of the defendant, its impossibleto complete the proof of the matter. Therefore, for the criminal proceedings, forcedconfessions proof litigation issues is a very important issue, especially in2012a newCode of Criminal Procedure,"forced confessions prove that the litigation be under thecircumstances specified in, explore it it is more particularly important.The forced confessions prove that the litigation is a complete system, includingproof of the allocation of responsibilities, clear proof standard, forced confessionslitigation proved the start adjudicating order associated with the trial of cases,investigators testify in court, and so on. The course, which is the most important thingis to prove the allocation of responsibilities and the standard of proof, because it willdirectly affect the conclusion that the facts of the case, as well as the burden of proofcan not, who should bear the adverse consequences of litigation. This article will alsobe in consideration of the basis of the positive experience of the common law andcivil law countries, combined with China’s judicial actual torture and litigation toprove the matters discussed, in order to provide a reference for the forced confessionsof litigation prove.
Keywords/Search Tags:Extorting confessions by torture, Lawsuit testimony, burden of proof, standard of proof
PDF Full Text Request
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