The legal classification of extorting a confession by torture causing disability or death
The legal classification of extorting a confession by torture leading to disability or death has long been debated in the academic community.In judicial practice,misinterpretation of this provision has caused confusion in convictions and imbalance between crime and punishment.Previous theories attempting to justify the reasonableness of this provision have failed to reconcile the principle of responsibility with the constitution of crime.In cases of torture resulting in severe conse-quences,indiscriminately treating judicial staff as guilty of intentional homicide or intentional injury,regardless of their sub-jective intent,is neither rational nor practical.These issues can only be adequately addressed by interpreting Article 247 of the Criminal Law as an aggravated consequential offense and amending the provision appropriately.
extorting a confession by torturecausing disability or deathaggregated consequential offence
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