1. Strictly abide by the principle of "emphasizing evidence, investigation and study, and not trusting confessions". Because criminal proceedings are carried out around the criminal responsibility of criminal suspects and defendants, as the object of prosecution in criminal proceedings, they have a direct interest in the outcome of the case, so the confession of criminal suspects and defendants is extremely hypocritical. Only after the verification and support of other evidence can it be used as the basis for the final judgment.
2. From the source of confession, whether the interrogation procedure is legal. Review the confession provided, what was said in the trial, the motive and purpose of the confession, whether there is an offensive and defensive alliance, whether there is collusion, whether there is confession by torture, confession by deception, confession by name, whether there is confession retraction, etc.
3. Reasoning should be carried out to check whether the confession and excuse are reasonable. Whether the defendant pleaded guilty or defended under the local conditions at that time, time, place, means, process, motivation, purpose, consequences, etc. , combined with the identity of the defendant and the relationship with the victim, analyze whether these situations are possible and reasonable, whether there are contradictions before and after pleading guilty, and so on.
4. When examining and judging the confessions of several co-defendants, we should consider that they have common interests, and each person has contradictions due to his different status and role in common behavior. If their confessions are consistent, we should guard against collusion or offensive and defensive alliances. If their confessions are contradictory, we should pay attention to whether they shirk their responsibilities and blame others. Of course, there is also a person who does everything. A person should take responsibility and cover others' situation, so we should also pay attention.
5. Check the quality of the defendant. The defendant's quality and consistent performance is one of the subjective factors whether he can truthfully state the facts of the case.
6. Check whether there is any contradiction between the confession of the criminal suspect and the defendant and other evidence. A common and effective way to examine and judge evidence is to comprehensively examine and judge the evidence in combination with the whole case to see if there are contradictions between the evidence.
Second, the role of recording confessions?
(1) The defendant's demographic statement is one of the seven legal evidences stipulated in China's criminal procedure law. Its objective authenticity is of great significance in criminal proceedings. The suspect knows best whether he has committed a crime. If he can tell the truth, he can tell all the facts of the case, thus becoming the most detailed and authentic evidence reflecting the facts of the case. Even if the case is not committed by the defendant, he knows better than others and can fully state reasons that have nothing to do with him. Therefore, the true confession, whether guilty or innocent, may become strong evidence. Whether the suspect has committed a crime or not, he knows best. Facts have proved that after investigation and verification, a confession that conforms to the objective situation of the case can make the case under investigation stand out quickly. From this perspective, the role of confession is unique and irreplaceable. This is also the reason why confession has always been valued in the investigation stage. In recent years, there are many examples in practice. For example, from June 1993 to April 1997, the Jiefang Public Security Bureau of Jiaozuo City, Henan Province investigated and dealt with 237 criminal cases, of which 229 were found guilty by the procuratorate and the court and sentenced. I noticed that among these 229 cases, 223 cases were suddenly revealed from confessions, accounting for 97.4%. Among them, 8 cases of acquittal or repeated investigation and unresolved disputes are all related to whether or not to plead guilty. It can be seen that the actual role of confession in investigation and solving cases is extremely huge, and this role can be said to have been fully played in practice.
(2) It is precisely because of the huge practical function of confession that it has a huge negative impact on the investigation organs, and the hidden crisis will become more and more obvious. Mainly in: 1. Rigidity of criminal investigation work mode. As confession has become a quick way to obtain evidence, the method of criminal investigation has been simplified in the minds of a considerable number of investigators. For a long time, I am used to and rely on the way of "finding out the truth, queuing up, finding suspects, surprise interrogation and solving cases". Criminal investigation infrastructure has not been paid enough attention, criminal technology has been neglected, and the scientific and technological content in case detection is not high, which seriously restricts the development of criminal investigation operation mechanism and affects the formation of modern criminal investigation system.
2. The vision of investigation is influenced by confession. In the investigation of specific cases, due to over-reliance on confession to solve the case, the evidence collection in peripheral investigation lags behind, and the investigation is easy to fall into endless confession verification, and the investigation direction is extremely uncertain. In this regard, many investigators have a deep understanding. They call it the criminal suspect "pointing at the rabbit to drive people away", which often consumes a lot of manpower and material resources and delays valuable investigation and evidence collection time. Therefore, due to the untimely collection of evidence, the key evidence of some cases is permanently missing, which makes it difficult to identify and deny the cases.
3. Illegally obtaining evidence by extorting confessions by torture. There are many reasons for extorting confessions by torture, but the most direct reason is the excessive dependence on confessions in the process of investigation and solving cases. It is self-evident that the application of confession improves the investigation efficiency and saves the investigation resources. However, it is also an indisputable fact that confession is changeable and fragile. In practice, it is not uncommon to recant confessions in court, and there are also many unjust, false and wrong cases caused by conviction only by recanting confessions. What's even more frightening is that infatuation with confessions induces extorting confessions by torture and infringes on human rights, which has become a chronic disease in China's judicial practice and should be the sorrow of China's rule of law construction.
Traffic accidents will also cause certain losses to the personal and property of the parties. Then, after traffic accidents and casualties, the traffic police department will also ask both parties to record confessions. Therefore, when taking a confession, we should also determine and implement truth-seeking according to the actual situation of the case. At the same time, when investigating a case, the confession of the parties will be combined with the actual investigation.
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