Noun explanation of illegal evidence exclusion

The exclusionary rule of illegal evidence is a general term for excluding illegally obtained confessions and evidence obtained by illegal search and seizure, that is to say, the judicial organs shall not adopt illegal evidence as evidence for finalizing a case, unless otherwise stipulated by law. Article 52 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that judges, prosecutors and investigators must collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of the crime according to legal procedures. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt. Article 6 1 of the Supreme People's Court's Interpretation on Several Issues in Implementation stipulates that it is strictly forbidden to collect evidence by illegal means. Witnesses' testimony, victim's statements and defendant's statements obtained by extorting a confession by torture or by illegal means such as threats, enticements and deception cannot be used as the basis for finalizing the case. Article 140 of the Criminal Procedure Rules of the People's Procuratorate stipulates that it is strictly forbidden to extort confessions by torture or to obtain confessions by threats, enticements, deception or other illegal means. Article 160 stipulates that testimony shall not be obtained by detention, torture, threat, inducement, deception or other illegal methods. Article 265 stipulates that it is strictly forbidden to collect evidence by illegal means. The confession of the criminal suspect, the statement of the victim and the witness testimony collected by extorting a confession by torture or threatening, luring or cheating cannot be used as the basis for accusing a crime.