Research On The Elimination Of Evidence Obtained In Fatigue Interrogation

Although the "Opinions on Establishing a Sound Working Mechanism for Preventing Criminal Misconduct and Misjudged Cases" promulgated by the Supreme People's Court of China in 2013 stipulates that the evidence obtained by the fatigue trial method should be excluded.Obtaining evidence by means of fatigue trials is more concealed than other methods of illegal evidence collection such as extorting a confession by torture;evidence obtained by fatigue trials is difficult to be discovered,and it is difficult for the defender to “prove evidence”,which is illegal than other methods such as extorting confessions by torture.Evidence is more difficult to rule out;however,the evidence of fatigue trials is comparable to other illegal evidence collection methods such as extorting a confession by torture.The harms and drawbacks are comparable.The investigators are responsible for the violation of human rights in fatigue trials and the inducement of false confessions.The harm is also clear,but there are very few cases in which judicial evidence is used to exclude evidence from fatigue trials.The reasons for the difficulty in excluding evidence from fatigue trials are multifaceted: the means of fatigue trials are hidden and difficult to be discovered;the defense party “difficulties”;the law defines the fatigue trial unclear;the judge is influenced by the “chasing thoughts” and excludes fatigue trials.The enthusiasm of the evidence obtained is not high;the complaining party is not able to prove the evidence on the issue of evidence obtained from the fatigue trial.In order to better promote the process of illegal evidence exclusion rules in judicial practice in China,and to make the legal rights of criminal suspects fully protected in criminal proceedings,the following countermeasures should be taken: on the basis of insisting on trial-centered The neutrality of the judge;clearly define the connotation of "fatigue trial";improve the discovery mechanism of fatigue trial;reduce the requirement of the defense party to present evidence,and improve the enthusiasm of the defense party to exclude evidence obtained from fatigue trial,in order to improve the evidence obtained from the fatigue trial The problem.