久久亚洲国产成人影院-久久亚洲国产的中文-久久亚洲国产高清-久久亚洲国产精品-亚洲图片偷拍自拍-亚洲图色视频

  .contact us |.about us
Home BizChina Newsphoto Cartoon LanguageTips Metrolife DragonKids SMS Edu
news... ...
             Focus on... ...
   

Reducing practice of extortion of confessions by torture
( 2001-06-29 17:34 ) (9 )

Due to abuses of the extortion of confessions by torture, modern societies ruled by law have established a series of standards and measures in the legislative and judicial fields to put checks on the practice.

I. The system of the right to silence. The majority of Anglo-Saxon and continental genealogies of law have implemented the system of the right of silence. Since the accused has the right to keep silent, oral confessions and verdicts have lost their assumed connection, and therefore there is no incentive or purpose in extorting confessions by torture. However, the system of the right to silence cannot entirely eliminate such practices.

II. The supervision system that records and videotapes the entire interrogation process. Under such a system, the detention and delivery of suspects for interrogation are duties carried out by two different departments. Recording and videotaping start once the suspects are taken away from the place where they are detained and continue non-stop throughout the process. Two copies of the tapes and videotapes are made, with one given to the accused.

III. Lawyers must be present when the investigative organizations interrogate the suspect. In the majority of Anglo-Saxon countries and continental genealogies of law, it is clearly stipulated that lawyers must be present during the interrogation process. Oral confessions obtained without a lawyer present can be viewed as illegal evidence and ruled out by the courts.

IV. All evidence obtained by torture should be excluded. The majority of Anglo-Saxon countries and continental genealogies of law not only rule out evidence obtained by torture, but also exclude the ``fruits of the poisoned tree,'' which refers to other evidence obtained indirectly in illegal ways. The latter practice is most typical in the United States. In the United Kingdom, however, a comparative exclusion principle has been adopted, ie, not all evidence obtained in ways that constitute general misdemeanors is excluded, while evidence obtained through torture is excluded without exception.

V. Concerning the burden of proof in cases of extortion of confessions by torture, most countries have adopted the principle that the prosecuting parties are required to produce evidence. This means that if the accused raises concerns over the possibility that the police may have extorted confessions by torture, the prosecuting parties must produce evidence proving the claim to be false, otherwise the evidence will be excluded. This is because the accused usually does not have the ability to collect evidence in cases of extortion of confessions by torture. The establishment of such a system of burden of proof bears great influence on curbing the practice of extortion of confessions by torture.

The occurrence of extortion of confessions by torture has historical roots as well as a certain degree of inevitability. To reduce the practice, it is important to take effective prevention measures. While it cannot be completely avoided, the aforementioned measures as practiced in foreign countries have, in some cases, achieved positive results in reducing such crimes.

The occurrence of extortion of confessions by torture is indeed a phenomenon that calls for adequate attention in China's system of judicial practice. Legislative efforts in the field should be accelerated.

(Article written by Tian Wenchang)



 
   
 
   

 

         
         
       
        .contact us |.about us
  Copyright By chinadaily.com.cn. All rights reserved  
主站蜘蛛池模板: 97se亚洲综合在线 | 亚洲国产天堂在线网址 | 日本黄色大片在线播放视频免费观看 | 久久精品成人免费网站 | 国产成人精品三级 | 国产精品免费大片一区二区 | 久久香蕉国产视频 | 国产 日韩 欧美 在线 | 国产成人三级经典中文 | 深夜福利爽爽爽动态图 | 高清午夜看片a福利在线观看琪琪 | 免费看真人a一级毛片 | 国产精品黄在线观看免费软件 | 国产成人永久免费视频 | 欧美日韩精品一区二区三区视频 | 91国内精品久久久久免费影院 | 国产原创在线视频 | 欧美久久精品 | 一级爱 | 久久精品久久精品 | 久久午夜精品视频 | 韩国特级毛片 | 曰本三级| 久久国产一级毛片一区二区 | 男人一进一出桶女人视频 | 日韩一区二区三区精品 | 日韩视频观看 | 日韩精品亚洲一级在线观看 | 国产欧美日韩视频在线观看 | 日韩欧美视频在线一区二区 | 女人张开双腿让男人桶完整 | 91一级片 | 日韩专区亚洲国产精品 | 久艹视频在线观看 | 成年免费网站 | 亚洲在线网站 | 在线欧美 | 亚洲国产精品欧美日韩一区二区 | 波多野结衣一区二区在线 | 99免费在线 | hd最新国产人妖ts视频 |