Research On Fraudulent And Inducement Confession In Criminal Investigation

Justice is the last line of defense of justice.As the cases of unjust,false and erroneous cases have gradually surfaced in recent years,the illegality and irregularity of its investigations during the criminal investigation stage have also continuously attracted the attention of the academic and practical circles.The new form of illegal forensic behavior is to deceive and induce confession.However,there is no clear stipulation on fraudulent confession and inducement,whether it is the criminal procedure law and related judicial interpretations,or teaching textbooks.This can easily lead to such illegal investigative acts as fraudulent confession,inducement and accused confession.This article attempts to clarify the differences between criminal investigation and interrogation methods and fraudulent confession and inducement,and proposes the main and auxiliary exclusion criteria to eliminate the indifference of the exclusion procedure,and further regulate and improve the fraudulent and inducement confession and Verbal evidence exclusion rules thus obtained.The first part is an overview of confession and inducement in criminal investigation.This section begins by clarifying the concepts and characteristics of fraudulent confession and inducement,and summarizes the four main manifestations of pure fraudulent confession,deceptive inducement,threatening confession,and threatening confession.The reasonable limit of normal investigative strategy,put forward that the verbal evidence obtained by cheating or inducement mainly includes legal and reasonable verbal evidence,legal but irrational verbal evidence,general illegal verbal evidence,and serious illegal verbal evidence.The second part is the theoretical basis for the exclusion of verbal evidence obtained by deceiving and confession.This section first attempts to explore the global theory of the theory of the exclusion of illegal verbal evidence,thereby leading to the basic theories of the exclusionary theory of verbal evidence obtained by fraud and confession in China,namely the theory of procedural justice and judicial efficiency.Combined with China's judicial value theory,this paper analyzes the value of verbal evidence obtained by excluding fraudulent confession and inducement,and puts forward that the exclusion of such verbal evidence can suppress fraudulent confession and inducement,balance crime and protect human rights,and realize judicial justice and judicial authority.The third part is the analysis of the dilemma of confession and confession.This section looks at the blank legislation of fraudulent confession and inducement.Through the review and comparison of the history of legislation,it is found that the criminal procedure law is not closely connected,and the evidence in 2017 is not strict,and the situation of ambiguous legislation is analyzed.The dilemma of the judicial exclusion of evidence exclusion and the difficulty of starting the procedure.The parallel and diversified exclusion standards(confessional arbitrariness standards,illegality standards,and reliability standards)that exist in judicial practice are lacking in practical operability,and the exclusion procedure is in the investigation stage.,Review the prosecution stage,the trial stage is difficult to start and other difficulties.The fourth part is to summarize and draw on foreign experience.This section examines the current status of the legislation and justice in the United States,Britain,Germany,and Japan,compares and analyzes the differences in the exclusion criteria and procedures of the four countries,and discusses the reasons for the differences.It is proposed that under the national conditions of our country,we can learn from the strengthening of voluntary View of review and improvement of procedural safeguards.The fifth part puts forward the rules and regulations for the fraud and inducement.This section focuses on regulating investigations,improving exclusion criteria,and ensuring exclusion procedures.The suggestions for preventing and controlling fraud and confession are to improve the self-supervision and procuratorial supervision mechanism of public security organs,improve the recording and video recording,and protect the lawyer's right to the scene.The main content of improving the exclusion criteria is to provide evidence for unreasonable speech and evidence of serious illegal speech.Adhere to the reliability standard,supplemented by the necessity standard,and guarantee the viewpoint of the pre-trial conference system of the procuratorial authority's right to exclude investigations during the examination and prosecution stage.