On The Method Of "Deception, Seduction And Threat" In The Investigation And Interrogation

According to the foreign system and practical experience, there is a certain degree of tolerance for deception, seduction, and threat in criminal interrogation. However,according to the current law, inquisition by torture and threats, enticement, deception were strictly prohibited when obtaining the confession of suspects,and the confession of the criminal suspect collected by inquisition by torture and other methods should be excluded, which makes the problems of how to define limit between deception, seduction, and threat as investigation strategy and method of forbidden interrogation,and how to deal with the confession of the criminal suspect collected with the method of deception, seduction, and threat which prohibited by Criminal Procedure Law need to be solved urgently both in theory and in practice.This essay thinks,the core of understanding the "deception, temptation and threat" in interrogation is to clarify the intension and extension of them in three categories, as interrogation strategy, prohibitive provisions and the exclusive provisions in the Criminal Procedure Law.When investigating the practice of deception, seduction and threat in the context of psychological interrogation, we recognize the overlap of deception, inducement, threat as tactics of interrogation and prohibited interrogation methods by criminal procedure law. There are plenty of risks when obtaining the suspect’s confession through the deception, seduction, threatening means which are prohibited by criminal procedure law,at the same time, the practical rationality of deception, seduction, threat as the investigation strategy should not be ignored.In order to control the risks, on the basis of the investigation of foreign legislation and practice,the article trying to introduce procedural sanction theory as an analytical tool, and take the definition of procedural violation under the procedural sanction theory as theoretical tools to define the limit between deception, inducement, threat as interrogation tactics and criminal procedure law prohibited interrogation methods. The necessity of the use of deception, seduction and threat method as an interrogation strategy, and substantive violation of the process of interrogation are the two main perspectives to analysis it, the later one mainly contains two aspects,the violation of criminal suspect’s legal rights and the public interests protected by law,all these are done for getting the results of methodology level.In dealing with the the behavior of cheating, threatening or luring criminal suspects to get their confession, and the confession obtained by these ways which are prohibited by criminal procedure law, after combining the situation of the natural failure of the procedural rule of prohibiting illegal fraud, inducement, threat method The paper thinks the procedural sanctions regime has a lot of advantages in solving these problems. Therefore, the paper takes illegal evidence exclusion rules under the as an analytical perspective,and combined with the specific system background of our country, analyze how to solve the problems above.