Inquisition by torture extorts a confession blame, it is to point to judicatory staff member to use corporal punishment to perhaps covert to person of guilty suspect, the accused corporal punishment, force the action that takes a statement made by the accused under examination. What this blame encroachs is complex object, namely the normal activity of person right of the citizen and national judiciary. Our country law protects person right of the citizen strictly, even if be suspected or be made have crime by accusation and the person of be on trial be on trial, also do not allow to violate its person right illegally.
The netizen seeks advice:
Does inquisition by torture appear to extort a confession in criminal case how does paraclete do?
Attorney office Luo Baolong's lawyer solves Zhejiang heart name:
Ought to ask the court extorts a confession to inquisition by torture what obtain evidence to give eliminate, if the clue is serious, can to procuratorate to lodge a complaint.
Luo Baolong's lawyer is compensatory:
Criminal procedural law:
Fiftieth an adjudgement personnel, procuratorial work personnel, investigation personnel must according to is legal program, collect can confirm person of guilty suspect, the accused is guilty all sorts of evidence of weight of clue of innocent perhaps, crime. Forbidden inquisition by torture extorts a confession and in order to browbeat, entice, deceit and other and illegal means gather evidence, must not force anybody to confirm he is guilty. Must make sure everything and case concern the citizen that perhaps knows details of a case, have the requirement that provides evidence adequately objectively, outside dividing special situation, can absorb them to assist investigation.
Fiftieth 4 use inquisition by torture to extort a confession allegation of the witness testimony that person of the guilty suspect that waits for illegal means to collect, the accused waits for illegal means to collect for narrate and using violent, menace, the injured party, ought to give eliminate. Collect card of material evidence, book not to accord with legal process, the likelihood affects judicatory justice badly, ought to give make good omissions or make logical explanation; cannot make good omissions or make logical explanation, ought to give to this evidence eliminate.
Investigating, examine sue, the discovery when adjudgement has the evidence that ought to exclude, ought to give lawfully eliminate, do not sue the opinion, basis that sues decision and court decision so that regard as.
Emphasize lawsuit be a center in order to rule, careful of first instance front courtyard is core, regulations of front courtyard careful is crucial. Push the reform of criminal suit system that is a center with adjudgement, the key is the requirement that carries out evidential judgment principle strictly in criminal lawsuit whole process, each link. , extort a confession to adopting inquisition by torture, the one's words evidence that the illegal means such as violent, menace gathers, ought to give lawfully eliminate. Investigation mechanism collects card of material evidence, book not to accord with legal process, the likelihood affects judicatory justice badly, cannot make good omissions or make logical explanation, ought to give lawfully eliminate. Illegal evidence eliminates regulation, extort a confession to inquisition by torture of keep within limits, obtain evidence illegally have positive effect.
Zhejiang heart name attorney office director, senior attorney, had handled a large number of difficulty, complex case successfully, successful rate is high.
Luo Baolong's lawyer sums up:
Inquisition by torture extorts a confession is the main reason of case of injustice all the time, its harm is not anguish of susceptive of place of the body when sufferring force merely, after greater harm depends on be being obtained evidence, the likelihood wants the calamity of susceptive accusation and bagnio. Before, to the punishment that inquisition by torture extorts a confession, can with " inquisition by torture extorts a confession blame " the criminal duty that seeks personnel of case of investigate and deal with; And the standard of cognizance crime fact is " evidence really, sufficient " , in the position personnel of not quits, judicatory somewhat below partial circumstance, the suspect that suffers inquisition by torture confirms very hard " oneself by inquisition by torture " this fact.
