疲劳审讯的认定及预防.docx

Discussion on the Identification and Prevention of Grueling Interrogationlilibo In November 2013, the Supreme People’s Court issued the “Opinions on Establishment and Perfection of the Working Mechanism of Prevention of Unjust, False and Erroneous Criminal Cases” (hereinafter referred to as the “Opinions”). It is stipulated in Article 8 of the Opinions that the confession of the defendant collected by illegal means such as extorting confessions by torture or freezing, starving,grilling and grueling interrogation shall be eliminated. This provision illustrates the strongly negative attitude of our country to “grueling interrogation”. In fact, the Criminal Procedure Law in our country denied the illegal interrogation behavior long ago. At this time, the Supreme People’s Court specially proposes the objection to “grueling interrogation”, because both grueling interrogation and extorting confessions by torture seriously infringe the basic human rights of the suspect, and violate the basic requirements of substantial justice and procedural justice, and violate the basic principles of the Procedural Law, and reduce the credibility of the judicial organs, and increasingly erode the foundation for the operating of the Criminal Procedure Law. Besides, compared with “extorting confessions by torture”, the torment to the prosecuted brought by grueling interrogation is more concealed, and it is more difficult to collect the evidence. Therefore, the identification and prevention of grueling interrogation are the key points for this research , which take the identification as the premise and the prevention as the purpose. This article will expound the above contents from four aspects which include the connotation of grueling interrogation, the overseas experience on identification and prevention of grueling interrogation, the criterion of identification , the prevention measures, to start the discussion which hopefully serves as a trigger for further research about this issue. 1