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.
关键词
刑讯逼供/致人伤残、死亡/结果加重犯
Key words
extorting a confession by torture/causing disability or death/aggregated consequential offence
万方数据