Does it constitute a crime for the discipline inspection department to extort a confession or induce a confession from the person under investigation by torture?

The discipline inspection department is extorting confessions by torture and inducing confessions to count crimes.

According to Article 247 of the Criminal Law of People's Republic of China (PRC)

The crime of extorting a confession by torture refers to the act of judicial staff using corporal punishment or disguised corporal punishment to extort a confession. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes disability or death shall be given a heavier punishment according to law.

Extorting confessions by torture seriously infringes on the personal rights and democratic rights of criminal suspects and defendants, making them feel physical or mental pain and forced to confess, which will lead to serious injury, death and unjust and wrongful cases.

This has seriously damaged the image of the national judicial organs, undermined social stability and caused serious consequences. This kind of behavior is also prohibited by our laws.

Extended data:

According to the "Regulations of the Supreme People's Procuratorate on the Standards for Filing Crimes of Dereliction of Duty and Infringement", if it is suspected of one of the following circumstances, it shall be filed:

(1) Beating, binding, illegal use of instruments and other bad means to extract confessions;

(2) long-term use of freezing, starvation, drying, baking and other means to extract confessions, which seriously damages the health of criminal suspects and defendants;

(3) extorting a confession by torture causes minor injury, serious injury or death to the criminal suspect or defendant;

(4) extorting a confession by torture, if the circumstances are serious, causing the criminal suspect or defendant to commit suicide or self-mutilation, causing serious injury, death or mental disorder;

(5) extorting a confession by torture, resulting in misjudged cases;

(6) extorting confessions by torture for more than three times;

(7) conniving, instigating, instigating or forcing others to extort a confession by torture, which has one of the above circumstances;

(eight) other circumstances that should be investigated for criminal responsibility of extorting a confession by torture.

Baidu Encyclopedia-Crime of extorting confessions by torture

Baidu Law-Criminal Law