Recognition And Prevention Of Fatigue Interrogation

In recent years,the state has been strengthening the governance of torture,the number of extorting confessions by corporal punishment has gradually decreased,but more covert disguised corporal punishments are still common,fatigue interrogation is one of them.At present,it is difficult to identify and eliminate fatigue interrogation in practice,because the recognition standard is lack.Therefore,further research has important significance both theoretically and practically.This paper mainly includes the following five parts:The first part is the introduction.This section describes the background of the topic selection,the purpose and significance of the research;combs the current research results at home and abroad,points out the deficiencies of the current research in the research content and methods;introduces the ideas and specific methods of this research.The second part is the summary of fatigue interrogation.It is a kind of illegal interrogation behavior,in which interrogators deprive the interrogated of sleep and rest for a long time,forcing them to make confessions against their will.Judging from the relevant provisions of it,its nature is one of disguised corporal punishment.The harm of it mainly includes: violating the principle of "forbidding forced self-incrimination",infringing upon the suspect's right to life and health,breaking the current law,causing false confessions,etc.The third part is the recognition of fatigue interrogation.This part is based on the judgment documents,and through the coding analysis of Grounded Theory.The main basis of identifying it in current judicial practice includes: interrogation duration,whether it is night interrogation,physiological and mental state of the interrogated,etc.;there are problems in identifying it,such as difficult to identify,lack of clear legal basis;the elimination of confessions in fatigue interrogation has some problems,such as proving the validity with authenticity.Based on current research,combined with the results of the questionnaire,the mode of "principle + exception" should be adopted in fatigue interrogation.Principle standards include: the time for each day interrogation should not exceed 12 hours in 24 hours;the interrogated person should have a continuous rest period of not less than 8 hours within 24 hours;night interrogation is prohibited.The exceptions include: violation of the principle should not be identified as fatigue interrogation,such as consent of the interrogated,emergency;and non-violation of the principle should be identified as fatigue interrogation,such as old age,frailty,and sick.The fourth part is the cause of fatigue interrogation.Based on the above research and combined with the questionnaire survey,this paper analyzes the causes of fatigue interrogation from the characteristics of fatigue interrogation,the limitations of interrogation work,legal regulations,etc.The fifth part is the prevention of fatigue interrogation.To prevent fatigue interrogation,at first,the concept of investigation and exclusion of illegal evidence should be changed.Secondly,relevant systems should be established and improved,such as the audio and video recording system,the?counsel-present?system during interrogation,exclusion of illegal evidence rule and the evaluation system.Thirdly,the ability of collecting physical evidence and the efficiency of interrogation activities should be improve.Fourthly,supervision and restriction should also be strengthened,including the supervision within the public security organs and prosecutorial supervision.