The Retraction Of Confession In Criminal Trial

In the modern criminal lawsuit practice in China, the defendant’s confession in court is a common phenomenon. Despise attitude and error handling to confession in court, is the reason of a lot of wrong cases. In order to settle quickly or avoid controversy, the judges showed negative responses to confession in court, this is a big challenge to justice. The author thinks that the judge should confront the confession in court, seriously treat the actual role of oral evidence in criminal proceedings. In this paper, through analyzing the causes of confession in court and judge’s attitude towards it, put forward the corresponding solution from the perspective of a judge, ensure the realization of justice and efficiency in criminal procedure.This paper, besides preface and epilogue, is mainly divided into four parts. The introduction mainly expounds the purpose of topic selection, determine the research idea of this article through the analysis of some typical cases. The first part of this article is the definition of oral confession relevant content, mainly narrative historical influence and the required conditions finalized according to. Confession is a criminal suspect or defendant confession and defense. Oral confession as one of the most important evidence has an irreplaceable role. When confession time satisfies the conditions such as relevance, authenticity, voluntary in the same. Can it be used as evidence in the trial of criminal litigation.The second part of this article mainly analyzes the situation and the reasons of the criminal suspect or defendant’s confession in court. The criminal suspect or defendant may because of self-defense psychology, psychology of the sinner, fluky psychology or shield in the trial, in order to achieve self-protection or for other purposes. Obtains the way, the prosecutor or the wrong oral confession for investigation personnel defenders to leading questions, the defendant lawyer instructs factors can also lead to the occurrence of denying confession in court. There is no specific Legal consequences provision for truthfully confesses, which also contributed to the defendant, criminal suspects, confession in court. The third part of this paper mainly analyzes the judge’s general response in the face of confusion and why. Out of respect for the defense on both parties, when the defendant’s confession, the court usually carries on investigations. But as a result of judgment for the defendant’s personal psychological biases and mutual restriction between prosecution and trial, the results of the survey is not approved, and usually the judge doesn’t give the reason of not recognizing the confession.The fourth part puts some suggestions of confession from the judge’s point of view. To handle the confession better, first of all should further perfect our country, eliminating the rules of oral confession, the judge must change their concepts, to reduce reliance on confronting,, easing the resistance to the defendant and criminal suspects. Of course judge reasonable response to the confusion is relevant to the case and evidence before trial.The conclusion is a summary, review the full train of thought.