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The Investigation Of Barriers And Countermeasures Of Withdraw Confession Cases

Posted on:2018-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q YangFull Text:PDF
GTID:2336330512995427Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
"Withdraw confession" refers to the suspect in the investigation process all or part of the overthrow,change their own made a statement,made the relevant excuse,or make a new statement to change the original statement of the facts,or to overthrow,change has made for others The confession of a criminal act.From the expression of the form of view,the confession can be a criminal suspect to overthrow their original made on their own or others unfavorable confession,it can be to overthrow the excuse for their own benefit.From the criminal proceedings point of view,the provision is actually a procedural behavior.The act can also occur at any stage and stage of the proceedings.With the continuous improvement of people's legal awareness,the suspect will be with the interrogation process of the deepening and environmental changes,changes in mental activity,the phenomenon of the possibility of the greater the emergence of the phenomenon.In the investigation phase there will be a great impact on the evidence system of the case,which means that supplemental evidence,supplementary investigation of the situation will occur,the proceedings will be stagnant and reduce the efficiency of litigation.In the case of our country,it is not uncommon for criminal suspects to be offered in judicial practice.Scholars and judicial personnel for this phenomenon analysis of the reasons for the suspension of the suspects,and for the reasons put forward some specific judicial advice.From the perspective of the reasons for the analysis,many of the views that the suspect was turned off because of fear of trying to escape the punishment,or to cover others to overthrow the previous statement,as well as by other suspects,lawyers and other external staff.These reasons are only part of it,the reasons for the recurrence of the suspect not only include the repeated factors of the suspect itself,but also the interference of external factors.If you do not analyze the root causes of the replacement,the proposed countermeasures can not achieve the role of both the symptoms.The first part of this paper mainly analyzes the forms of expression in the investigation stage,and the manifestations in the investigation stage are complex and changeable.First of all,the generalization of the content in the provision of the broadening of the suspects in the investigation phase to the investigation and interrogation officers confess their own criminal facts,but also to overthrow their original confession,from the changes in the content can be divided into all the additional and partial And the diversification of the extent of the expansion of the degree,because of the degree of its different division into a tentative tipping,doubled in the end of the tumbling,when the time for the tumbling,the more difficult it is difficult to set up Uniform performance;the last manifestation of the complex environment for the environment,the suspects in which the environment changes in the provision of the provision for analysis.The second part of this article mainly on the investigation phase of the introduction of the case will continue to detect a certain impact to elaborate.First of all,in the investigation phase of the suspects to reverse the proceedings to continue the proceedings,and secondly,it upset the investigators in the investigation stage to build the evidence system,and finally,to reduce the efficiency of the entire case of litigation.The increase in the duration of the whole trial has increased the difficulty of investigation and litigation costs,occupied the judicial resources,increased the pressure of handling cases and reduced the efficiency of litigation.The third part of this article mainly analyzes the reasons for the emergence of the case in the investigation stage.The author starts from the psychological change of the criminal suspects and the psychological changes caused by the fatigue of the investigation environment.Criminal suspects from the perspective of the reasons for analysis,but also from the lawyer's improper intervention and detection of defects in the quality of the analysis.In the fourth part of this article,the author puts forward the countermeasures to deal with the causes of the suspects in the investigation stage.Secondly,it is necessary to strengthen the supervision and management of the places of detention.In addition,we must standardize the practice of lawyers,and finally improve the quality of investigation.
Keywords/Search Tags:withdraw confession, the investigation of barriers, countermeasures
PDF Full Text Request
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