Among the types of evidence in China,the confessions of criminal suspects and defendants only refer in a narrow sense to the confession statements made by criminal suspects and defendants to the case-handling agency when being interrogated.In the admission of written interrogation transcripts as ev-idence,the Chinese law denies the admission of confessions recorded in other forms,and denies the ad-mission of evidence of confessions obtained by administrative agencies.The admission of evidence of con-fessions of persons involved in the criminal preliminary investigation stage has not yet been clarified.The admission of evidence of confessions of persons involved before filing a case free to transform it into docu-mentary evidence and summon witnesses.This not only prevents the confessions of persons involved in the case from entering into litigation,but also allows some unreliable confessions of persons involved in the case to enter into litigation,which may lead to unjust,false,and wrongful convictions.Because the confession of the person involved in the case is against his own interests,it has high credibility and is gen-erally eligible for evidence admission.However,whether the confession of the person involved in the case is admitted as evidence should also be affected by other factors,such as the voluntariness and wisdom of the environment of the confession.The necessity of introducing litigation,whether it can meet the needs of cross-examination,etc.China should grant access to simultaneous audio and video recordings as evi-dence for confessions,deny access to evidence for administrative agencies and confessions obtained in pre-liminary investigations,and subject witnesses to source verification and the obligation to appear in court as access conditions.The confession of people involved in the case converted into other types of evidence should still be subject to the rules of confession evidence.
ConfessionEvidentiary QualificationsTypes of EvidenceHearsay Witnesses
万方数据
维普
