Reshaping Rules for Reviewing the Competence of Evidence in Confession Extracted by Inducement
The core status of the suspect's and defendant's confessions is indisputable in the proof system of criminal cases.With the gradual reduction of violent means such as extracting confession by torture,extracting confession by inducement has become one of the most convenient means to collect evidence under the existing system,showing characteristics such as combination and large''dark figure''.In practice,the rules for exclusion of illegal evidence cannot be precisely applied due to the confusion of the boundary between the prohibition of obtaining verbal evidence and the prohibition of using such evidence,the mechanism for witnesses to testify in court remains ineffective,the court hearing centered on the case file transcripts and other supporting measures to review the confessions extracted by inducement are imperfect.These have made the determination on the competence of an evidence remains a mere formality.In order to regulate investigative authorities'acts of extracting confession by inducement,we should reshape the concept of extracting confession by inducement,clarify the boundary between the prohibition of obtaining induced evidence and the prohibition of using such evidence,redefine the application of rules for exclusion of illegal evidence in such acts based on the principle of pain,the principle of voluntariness,and the rule of truthfulness,and also establish a sound mechanism for investigators to testify in court and a filtering mechanism for the transfer of case files to improve the review of the legality of confessions,so as to achieve the standardization and rule of law regarding review rules for extracting confession by inducement.
extract confession by inducementevidence reviewrules for exclusion of illegal evidence
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