Research On False Confession Of Criminal Suspect In Investigation Stage

The occurrence of the Criminal Misjudged cases in recent decades has not only seriously violated the human rights of innocent people,but also seriously affected the public’ s trust in judicial justice.Some scholars have analyzed the causes of 50 the criminal misjudged cases in China since 1980,of which 47 were due to "false accusations by the defendant",which accounted for 94%of the entire investigation.In addition,74%of the causes of violent crimes were caused by false confessions.Therefore,to prevent the Criminal Misjudged cases,we should treat the symptoms and the root causes.False confession is one of the important factors leading to the criminal misjudged case,and the causes of false confession are complex and diverse.In order to effectively to avoid the criminal misjudged case,it is necessary to explore the causes of false confessions from the source and understand the mechanism of their occurrence.This article consists of three parts.The first part briefly introduces the relevant theories of false confessions,introduces the definitions of foreign scholars,and combines them with China’ s specific legal practice process to define the scope covered by false confessions.In addition,this article also specifically introduces three types of false confession.It also points out the effects of false confession in China’ s criminal proceedings,such as the high probability of causing a guilty verdict,the proliferation effect of false confession,and a simple introduction by ordinary people and even judicial staff to the misunderstanding of false confession.Finally,the research on the dangers of illegal interrogation in British and American countries is introduced,and the small conclusions obtained through the research are analyzed.The second part is mainly through case analysis to find out the problems existing on China’ s investigative practice.First,the case of the“five Zhou”homicide case is introduced,and the judgment process of the first trial to the retrial is introduced to analyze the role of false confession of the wrong case and the relationship between the false confession and the criminal wrong case.Then it analyzes the factors that cause false confession of China’ s criminal practice,including the investigating agency’ s own factors and the interrogated’ s personal factors.The investigating agency’ s own factors include the erroneous presumption of investigators;the pressure in the interrogation environment;and the question about fatigue interrogation.The personal elements of the interrogated person included factors such as personality characteristics,age,mental retardation,and poor sexuality.Finally,the process of generating false confessions is introduced in detail.The third part is mainly to give some reference opinions and measures after combining the problems pointed out above with our legal practice and learning from foreign successful experiences.Improve the countermeasures of the audio and video recording system during the investigation and interrogation phase,the realization of the defender’ s right to be present,improve the interrogation method for the weaker society,strictly prevent fatigue interrogation,and professional training for judicial staff,improve the method of interrogation.A reference solution.