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On The Legal Limits Of "Threat,Seduction And Deception" In Interrogation

Posted on:2020-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:X C HuFull Text:PDF
GTID:2416330572462059Subject:Law
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As we all know,investigation interrogation has a very strong antagonism.If you want the suspect to tell you the truth,you must use all kinds of investigation interrogation strategies.The investigation interrogation strategies naturally contain the elements of threat,seduction and deception.In interrogation practice,the methods of threat,seduction and deception are often used as interrogation strategies.However,according to China's Criminal Procedure Law and relevant judicial interpretations,the use of threats,inducements and deception in interrogation is prohibited,and confessions obtained by torture and other similar illegal methods can not be used as evidence and should be excluded.Obviously,there are contradictions and inconsistencies between these provisions and the investigators' understanding and application of threats,temptations and deceptions in the practice of interrogation,which puzzles the work of investigation and interrogation to a certain extent.It is extremely necessary and urgent to solve the problem of the legal boundary between threat,enticement and deception in theory and practice.The main reason why the law of our country forbids the use of threats,inducements and deceptions in interrogation is that excessive threats,inducements and deceptions may infringe upon citizens' personal rights and legitimate rights and interests,and may easily lead to unjust and false cases,thereby damaging the credibility of the government and judicial organs.However,due to the need of controlling crime and saving judicial resources,it is necessary for moderate threats,temptations and deceptions to exist in interrogation.In fact,not all threats,lures and deceptions are bound to infringe on the personal rights of citizens,resulting in false confessions.Threat,seduction and deception interrogation is like a double-edged sword,which will infringe on the rights of others,lead to unjust and false cases,and then damage the credibility of the government and the judiciary.Good use can save judicial resources,crack down on crimes and make investigation work smoothly.The key is to determine the principle of threat,inducement and deception in the investigation and interrogation,and to clarify the boundaries between its legitimacy and illegality,so as to make it operate under the law.
Keywords/Search Tags:threat, seduction, deception, tactics, legal boundaries
PDF Full Text Request
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