Research On Exclusion Of Repeated Confession In Criminal Procedure

After Illegal Evidence Exclusive Rule in our country is established and implemented,Whether the pretrial repeated confession is excluded because of the previous illegal evidence comes into people's vision.How to define repeated confession? It means that the previous confession is obtained by torture and other illegal means,then the confession of guilt is obtained after interrogation through a legitimate program,the confession of guilt and the previous confession content is the same,similar or completely different.Repeated confession exclusion issue studies the effectiveness and the admissibility of repeated evidence,which is directly applicable to Illegal Evidence Exclusive Rule as an independent evidence,as long as the way of obtaining evidence is legal,it will be adopted;Or it's regarded as the ripple effect of previous illegal interrogation which reduces the effect and can't be used as the basis of final decision.From the point of illegal obtaining evidence behavior,the pretrial repeated confession should be excluded.Academic opinion of supporting that pretrial repeated confession should be excluded mainly includes the following: The first is the "fruit of the poisonous tree" theory,the second is the theory that illegal obtaining evidence behavior has a continuous impact effectiveness,the third is that the method of previous illegal obtaining confession belongs to illegal methods such as torture and other illegal means.Using the method of comparative analysis,the author thinks that the theory of illegal obtaining evidence behavior with a continuous impact effectiveness is more suitable for the theoretical basis for pretrial repeated confession.For how to exclude,after analyzing full exclusion theory and selective partial exclusion theory,the author thinks that partial exclusion theory takes account of the interests of all aspects,which is more reasonable and operational.The determined standard whether repeated confession should be excluded is only a discretion standard,that is to judge whether illegal obtaining evidence behavior by torture etc.has a causal relationship with repeated confession.After repeated confession is excluded,it involves new evidence to be taken,the author thinks that in principle the investigation organ will no longer have the right to interrogate the suspect and obtain new evidence,but the judge should be entitled to obtain limited evidence.The determined factors whether repeated confession will be excluded can be classified into following contents: One is the nature and severity of the previous illegal interrogation;Two is whether interrogation subject and place are changed;Three is whether the case progress has been promoted;Four is intervals among several interrogations;Five is whether previous illegal interrogation can be corrected and whether some intervening factors dilute the illegal interrogation effect.On the basis of how to identify it,with reference to the applicable procedures of Illegal Evidence Exclusive Rule,the author designs a more complete repeated confession exclusive procedure,in principle the review of the repeated confession will be finished before pre-trial stage,for exceptions it can be excluded during the trial course through application to start illegal evidence.Excluding repeated confession may result that no confession can be used for the case,which brings a certain degree of difficulty to handle the case and also put forward higher requirements for obtaining evidence by the investigation organ,there are many obstacles in practice,whether using the rule to make exclusion,judges should reasonably use free discretion power to make a judge on the basis of keeping the judicial independence in all respects,so that judicial independence defends judicial justic.