On The Implementation Of Police Interrogation

Police interrogation is one of the investigation activities, in which investigatorsinterrogate facts of the case to the criminal suspect in the words. Police interrogationmust be in accordance with legal procedure.The true oral confession is of greatpractical significance to finding out facts of case and achieving the purpose of strikingcrime and protecting human rights in criminal procedure. However, it’s still a problemthat the provisions on police interrogation by the law and legal interpretation are toogeneral,And acquiring the confession which is in violate of the principle ofinterrogation procedure takes place frequently in China. It’s not only bad to strikecrime but also bad to protect the legal rights of the suspects and the defendants. Thestudy of police interrogation will contribute to improving and perfecting related rules,standardizing the behavior of interrogation and achieving the duel-purpose of strikingcrime and protecting human rights by criminal procedure law.The dissertation is about30，000words in addition to introduction，consistingof six parts.Part one is about implementing subject of interrogation. The law and legalinterpretation have a strict demand on the implementing subject of interrogation, thenumber of it and the auxiliary body of implementing subject of interrogation.According to the criminal procedure law and related legal interpretation, policeinterrogation can only be conducted by investigators and the number of investigatorsmust be no less than two. When interrogating dumb or deaf suspects, someone whoknows the sign language should attend. And an interpreter should attend whensuspects don’t know the local language. However, In the judicial practice, there aremany problems. Some unqualified people attend to interrogate, the number ofimplementing subject of interrogation is insufficient, the implementing subject ofinterrogation is not professional, the auxiliary body of implementing subject ofinterrogation is unqualified. For these problems, we should ensure the legitimacy ofimplementing subject of interrogation, avoid interrogating and recording by one person, specialize in the implementing subject of interrogation, and normalize theauxiliary body of implementing subject of interrogation.Part two is about the present subject of interrogation. The law and legalinterpretation have a strict demand on appropriate adults, but don’t confirm if thelawyer can attend the interrogation. In the judicial practice, there are many problemssuch as differences of statuses and roles in appropriate adults, the unscientificselection of proper adults, unspecified right and obligations. For these problems, weshould improve and perfect the rules of appropriate adults and confirm the lawyers’attendance when interrogation conducts.Part three is about the time of interrogation. The law and legal interpretationhave a strict demand on the starting time of interrogation, the sustaining time ofinterrogation outside the custody, but don’t regulate the sustaining time ofinterrogation for the custody and the interval time of interrogation. According to thecriminal procedure law and related legal interpretation, police interrogation should bestarted after placing a case on file. In the judicial practice, there are many problems.Police interrogation conducts frequently in the preliminary investigation, sustainingtime of interrogation is too long, interval time of interrogation is absent. For theseproblems, we should improve the starting time of interrogation, perfect the sustainingtime of interrogation, and add interval time of interrogation.Part four is about the place of interrogation. The law and legal interpretationhave a strict demand on the place of interrogation. According to the criminalprocedure law and related legal interpretation, the place of interrogation outside thecustody should be the designated place or the accommodation of the suspects, and theplace of interrogation for the custody should be the detention center. However, in thejudicial practice, there are many problems. The interrogation is not conducted in adesignated place according to the law. For these problems, we should improve inseveral aspects such as normalizing the place of interrogation, ensuring the neutralityof detention center, perfecting the prosecutorial supervision.Part five is about the methods of interrogation. The law and legal interpretationhave a strict demand on the methods of interrogation. According to the criminal procedure law and related legal interpretation, It shall be strictly forbidden to extortconfessions by torture and by threat, enticement, deceit or other unlawful methods.Also, confirming the exclusionary rule of illegal evidence. However, in the judicialpractice, there are many problems. The phenomenon of extorting confessions bytorture is frequent, and the illegality problem of extorting confessions by threat,enticement, deceit has been questioned. For these problems, we shouldn’t extortconfessions by torture, and should clear and definite the lawfully permitted range ofthreat, enticement, deceit methods of interrogation in our country.Part six is about recording interrogation. The law and legal interpretation have astrict demand on the interrogation record and sound recording or video recordingsystem. According to the criminal procedure law and related legal interpretation, inthe process of making interrogation records suspects shall be informed the rightsbefore starting the interrogation procedure and shall check the interrogation recordwhen the interrogation procedure is over. Besides, interrogation can be soundrecording or video recording, for special cases it should be sound recording or videorecording. However, in the judicial practice, there are many problems. Theinterrogation record is lack of normative, sound recording or video recording fails tocarry out in place. For these problems, we should reform and improve the system ofinterrogation record, and set up a safeguard mechanism of sound recording or videorecording system.