Research On The Exclusion Of Repeated Confession In Criminal Procedure

For the content of multiple copies of the same or similar confession,if the confession of guilt was excluded according to prior illegal evidence exclusion rules,whether and how should exclude the subsequent repeated confession is controversial,there are many miscarriages of justice related to the admissibility of repeated confession.But there are still many problems in practice,due to the lack of unified legislation and judicial interpretation,resulting in different co contracting phenomenon is serious.The statement also excluded and repeated difficulties,subject to the current public security "pipeline" handling mode,the lack of neutrality judge ruled out repeated confession.This paper attempts to examine the legal basis of repeated confession excluded,to analyze the current situation of the current judicial practice,repeated confession excluded,and the existing problems and reasons are analyzed and reviewed,and combined with the need of judicial practice and foreign theories about repeated confession and practical experience,put forward some suggestions on perfecting the exclusionary rule of repeated confession.This paper is composed of four parts.The logical connection of each part is as follows:The first part is an overview of the repeated statement,which is the theoretical basis of the full text.Through the repeated statement defining the concept,characteristics,the repeated statement repeated confession excluded basis for analysis,and introduces the outside Chinese mainland,countries and regions to repeat confession exclusionary rule,is the main fruit of the poisonous tree theory,the United States Germany evidence use prohibited radiation effect model,and summarizes the merits,to pave the way for the later start.In the second part,the paper introduces the exclusion of repeated confession in judicial practice.Through the relevant cases in online search for sample analysis and judgment,found in judicial practice,some judges can be more active in the exclusion of repeated confession,to consider the interrogation interrogation time,personnel,interrogation places change and other factors in the review,and will be repeated for the duration from the investigation stage to review and prosecution the trial stage.Through the relevant data show that the problem of repeated statements in practice generally exist.Questionnaire survey was carried out in two after a thorough court of criminal judge "repeated confession rule" related issues,the judge found in actual understanding of the repeated confession is not sufficient,when dealing with the more conservative and prudent.The third part analyzes the problems and causes of repeated confession exclusion in judicial practice.The exclusionary rule does not stipulate to repeat the confession,which led to the judge for repeated confession identified differences,and no clear procedures to judge when using randomness,the narrow scope of the provisions to restrict the rights of the accused.The statement also excluded repeated difficulties,subject to the current public security "pipeline" handling mode,repeat statement judge ruled out the lack of neutrality,regulating the judicial personnel evidence and the exclusion of illegal evidence consciousness and ability is insufficient.In addition,the absence of relevant mechanisms and supporting systems led to the lack of protection of the rules.In the fourth part,the author puts forward some countermeasures to solve the defects existing in our country's repeated confession rule and puts forward some related countermeasures based on the actual situation of our country.To establish a confession repeated discretion to exclude the idea of constructing the model of criminal trial procedure center,and to determine the mode of judge discretion to exclude repeated confession review by judicial discretion to value measure,to explore the factors of voluntary confession repeated behind,and between the repeated confession and prior to the illegal evidence collection method is present causation and causal relationship exists whether the necessary problems such as the exclusion of comprehensive judgment.