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The Boundaries Between Illegal Methods Of Interrogation And Investigation Strategies

Posted on:2017-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:J C WeiFull Text:PDF
GTID:2336330512957243Subject:Law
Abstract/Summary:
In order to achieve the purpose of detection of cases,investigators in the interrogation process will take a flexible and effective way,namely,interrogation strategy.How to obtain the guilty confession of criminal suspects,is the key to test the level of interrogation investigators.Interrogation strategies are necessary to detect interrogation activities.However,lack of legal regulation of the interrogation strategy,may lead to out of control,and thus counterproductive.Therefore,it is necessary to give the interrogation strategy "yoke",so that the rules within the scope of effectiveness.The existing provisions of the Code of Criminal Procedure concerning "the prohibition of extorting confessions by torture and the collection of evidence by threats,lures,deceptions and other illegal means" are no different from the pre-amendment provisions,and disputes over illegal interrogation methods and interrogation strategies have not Stop off.The focus of the debate is on how to understand the boundaries between threat,inducement,deception and other interrogation methods and interrogation strategies.In the strict sense,the external manifestation of the investigation and interrogation strategy may have a certain degree of threat,inducement and deceit,but the deficiency of the current law and the lack of legal research make the regulation of the investigation and interrogation strategy in a vacuum state.At present,it is necessary to establish the principle of the lawful application of the interrogation strategy,clarify the boundary between the interrogation strategy and the illegal interrogation method,and refine the relevant legal rules so that the investigation and interrogation strategy can be run under the legal regulation.
Keywords/Search Tags:Illegal interrogation method, the strategies of interrogation, limit
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