First, the nature and influence of the act of luring confessions.
Inducing confessions usually refers to the use of illegal means by investigators during interrogation, such as deception, threat, inducement, etc. Make the suspect make an untrue statement. This kind of behavior seriously infringes on the legitimate rights and interests of criminal suspects and damages judicial justice. Once it is proved that there is inducement, the relevant confession may be deemed invalid by the court, thus increasing the probability of the suspect's retraction.
However, it is not easy to identify the act of inducing confession. In practice, it is often necessary to make a comprehensive judgment based on the specific case, the behavior of investigators and the confession of criminal suspects. Therefore, even if the suspect thinks he has been lured into confession, he needs to provide enough evidence to support his claim.
Second, the reliability and integrity of the evidence.
The reliability and integrity of evidence is very important to judge the timing of confession retraction. If the suspect has other reliable evidence pointing to his criminal facts before or after being induced to confess, even if there is induced confession, the probability of recanting may be relatively small. On the other hand, if there is no other evidence or the evidence is contradictory, the probability of the suspect's confession may increase.
Three. Fairness of judicial procedure
The justice of judicial procedure is of great significance for safeguarding the legitimate rights and interests of criminal suspects and ensuring the fair handling of cases. In a fair judicial procedure, criminal suspects have the opportunity to state their thoughts and evidence and receive a fair trial. If the judicial process is flawed or unfair, the chances of the suspect's retraction may be affected.
Fourth, the professional ability of lawyers.
Lawyers play an important role in criminal cases. They provide legal help and defense for criminal suspects. A professional lawyer can fully understand the case, analyze the evidence and put forward effective defense strategies, thus increasing the probability of the suspect's retraction. Therefore, criminal suspects should choose experienced and professional lawyers to defend themselves.
To sum up:
The opportunity to give up after being lured is a complex problem, which is influenced by many factors. Although it is impossible to generalize whether the probability of recanting after being lured is great, criminal suspects can increase the probability of recanting by providing sufficient evidence, seeking fair judicial procedures and choosing professional lawyers.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 56 provides that:
The confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture, witness testimony and victim statements collected by illegal methods such as violence and threats should be excluded. If the collection of material evidence and documentary evidence does not conform to legal procedures and may seriously affect judicial justice, it shall be corrected or a reasonable explanation shall be made; If it cannot be corrected or a reasonable explanation cannot be given, the evidence shall be excluded.
Criminal law of the people's Republic of China
Article 247 stipulates that:
Judicial personnel who extort confessions from criminal suspects or defendants by torture or force witnesses to testify shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes disability or death shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.