On The Ability Of Evidence To Repeat Confession

The two rules of evidence and the new Criminal Procedure Law establishes the exclusionary rule of illegal evidence,which stipulates that the verbal evidence obtained through torture should be excluded,but there is no mention of the repeated confession problem in judicial practice.Therefore,the judiciary has a lot of controversy over whether repeated confessions are unlawful evidence,the evidence ability of repeated confessions and whether the repetition confession should be ruled out.The lack of law to duplicate confessions,also seriously troubled the judicial practice,false use of repeated confessions,easy to induce misjudged cases,contributing to the investigation organ torture.In order to curb the illegal evidence-collecting behavior of the investigative organs,safeguard the interests of suspects litigation,balance the protection of human rights and punish the crime of two conflicts law benefits,selective exclusion of duplicate confessions is suitable for China’s judicial status quo wise choice.In order to continue the validity of the theoretical basis,the reference to the intervention factors can interrupt the previous illegal evidence of the subsequent voluntary effects of the repeated confession to determine whether the evidence is capable.The degree of illegality,repetition of confessions and other evidence,and the alteration of the subject of interrogation may affect the evidence ability of repeated confessions.The prolongation of interrogation intervals and the intervention of defence counsel cannot interrupt or dilute the spread force of previous offenses to duplicate confessions,we need to combine the specific cases to analyze the admissibility of repeated confessions.