On The Reasonable Limits Of Interrogation Deception In The Investigation Of Duty Crime

Practice of investigative interrogation in China,especially in the investigation and interrogation of duty crimes,interrogation strategy can effectively obtain the testimony of the interrogated person,thus laying a solid foundation for the detection of cases.In the actual case,the investigators use the trial strategy to break through the case is still common.It is inevitable that interrogation strategies will be used to conduct interrogation in a deceptive way.The newly revised Code of Criminal Procedure of the People's Republic of China has a clear prohibition of deceptive interrogation,In which article 50 provides for "Prohibit extorting confessions by torture and collecting evidence by threats,temptations,deception and other unlawful methods".At the same time,the method of fuzzy processing is made on the evidence effect of using deception method.Article 54th of the Criminal Procedure Law of the People's Republic of China:"The testimony of witnesses and statements of victims collected by means of unlawful methods such as extorting confessions by torture,by defendants and by means of violence and threats shall be excluded".The article does not provide for the exclusion of fraudulent interrogation evidence.Therefore,in criminal legislation,On the one hand,we need to prohibit the fraudulent method of obtaining evidence,and at the same time,it is not clear that the statements obtained in this way should be excluded.In the specific cases,the criminal investigators using deception interrogation is a realistic unavoidable topic.The vagueness of legislation and the normalization of Judicature,which leads to the questioning of the way of deception in the investigation and interrogation of duty crime.What are the reasonable boundaries to be followed by deception interrogation?In this paper,according to the relevant literature data collected,Based on the investigation of the author's own duty crime,this paper analyzes the attitude of Chinese legislation to cheating interrogation and the necessity of deception interrogation in the investigation of duty crime.Secondly,the paper makes a comparative analysis on the limit of cheating interrogation in the present situation of foreign legislation.At last,this article will put forward the reasonable boundary of cheating interrogation in China from the present situation of cheating interrogation research.