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: 亚洲精品国产一区二区三 | 在线亚洲黄色 | 国产精品久久视频 | 一区免费在线观看 | 一级毛片视频播放 | 五月久久噜噜噜色影 | 日韩精品一区二区三区乱码 | 国产免费自拍 | 国产欧美日韩一区二区三区 | 日韩国产成人精品视频人 | 91精品免费久久久久久久久 | 欧美a欧美1级 | 亚洲天堂在线观看视频 | 北岛玲亚洲一区在线观看 | 欧美精品人爱a欧美精品 | 偷拍小视频99在线 | 在线欧美一区 | 99爱在线精品视频网站 | 亚洲美女视频一区二区三区 | 中文字幕一区视频一线 | 日本二级毛片免费 | 久久毛片免费看一区二区三区 | 久久久久久久久免费视频 | 在线观看免费视频网站色 | 操12p | 日韩99精品 | 色aaa| 美美女高清毛片视频黄的一免费 | 神马三级我不卡 | 国产精品一区在线免费观看 | 久久中文字幕在线观看 | 97在线免费视频观看 | 99视频久久 | 91久久青青草原免费 | 国产第一页久久亚洲欧美国产 | 成年女人色毛片免费 | 香蕉久久久久 | 国产精品一区二区久久精品涩爱 | 国产上床视频 | 国产亚洲精品一区二区三区 | 国产大片一区 |