The Analysis Of Confession Issues In Misjudged Criminal Cases

Evidence is the core of criminal procedure.Confession is an important part of evidence.The true confession not only helps investigators to collect other evidence,but also helps judges to make a just decision.The proper application of confession has a direct impact on whether a criminal case can get a fair verdict.In practice,the judicial authorities have always been excessively dependent on confession when they crack criminal cases.There are still a lot of problems in the application of confession such as extorting confession by torture.Considering the misapplication of confession,this article would conclude the causes of misjudged cases from the perspective of confession and put forward some advice about how to apply confession properly by analyzing 16 misjudged criminal cases.There are four sections in this article:In the very beginning of this article,the author describes the research significance and research methods of this article.It concludes problems existing in confession application by conducting a quantitative research on confession's practice situations of these 16 misjudged criminal cases.Section one would present us the basic information and confession's practice situations of 16 misjudged criminal cases through diagrams and forms.Then it concludes problems existing in confession application.The first problem is that the investigators often extort confession by torturing the defendants.The second one is that it is very difficulty for the application of excluding illegal confession raised by the defense to be approved at the stage of first instance and second instance.Even at the stage of retrial,the illegal confession exclusionary rule would be replaced by the verification rule.The third problem is that some investigators forge and hide evidence deliberately to make mutual verification between evidence.The fourth problem is that the judicial authorities may ignore the evidence of innocence,which is contradicted to confession.The last problem is that in many misjudged criminal cases,the corroborating evidence can't fully verify the confession.Therefore,it can't draw the only conclusion that the defendant commits the crime.In order to make the defendants' confession verify other evidence,some investigators may guide the defendants how to confess.Section two discusses why the application of confession has problems in detail from three aspects.The first aspect is about the application of confession rules.The legislation of illegal confession exclusionary rule is ambiguous.Besides,the corroboration rule of confession is too inattentive to be restrictive.The corroboration rule of confession is short of procedure mechanism as protection.The validity and authenticity of evidence are also suspicious.The second aspect is about the review mode of evidence.The review mode of subjective evidence centers in confession fails to judge the fact of a case.It will lead to misjudgment by verifying subjective evidence with other evidence.The third aspect is that the mechanism of “homicide cases must be broken”,the system of public security organs and the intervention of politics and law committee result in many problems existing in the application of the confession in misjudged criminal cases.Third section is to raise advice about how to apply confession properly from the perspective of preventing misjudged criminal case.The first advice is to build the mechanism of “homicide cases breaking”.The investigators need to handle cases by observing legal procedure signifies and try their best to improve the technology of criminal investigating.The second advice is to establish a procedural structure centers in trial and strengthen the restriction of public security organs.It demands that the judicial organ judges the cases independently according to law and build a system of procedural punishment to prevent the public security organs from forging evidence.The third advice is to improve the application of the corroboration rule of confession.The procedure of obtaining evidence should be legalized and the corroboration rule of confession should be more detailed.The fourth advice is to improve the application of illegal confession exclusionary rule.The last advice is to establish the review mode of objective evidence.