According to the Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Handling Criminal Cases
Article 5 Before or during the trial, the defendant and his defenders claim that the defendant's pre-trial confession was obtained illegally, and the court shall investigate in court after the public prosecutor reads out the indictment. Before the end of the court debate, the defendant and his defenders suggested that the defendant's pre-trial confession was illegally obtained, and the court should also conduct an investigation.
Article 6 If the defendant and his defenders claim that the defendant's pre-trial confession was illegally obtained, the court shall require him to provide relevant clues or evidence such as the person, time, place, method and content suspected of illegally obtaining evidence.
lawyer Wang cheng's interpretation: this article mainly stipulates that the initial responsibility for starting the investigation procedure of evidence legality lies with the defendant and his defender, and requires relevant clues or evidential materials.
article 7 if, after examination, the court has doubts about the legality of the defendant's pre-trial confession, the public prosecutor shall provide the court with interrogation transcripts, original audio and video recordings of the interrogation process or other evidence, and ask the court to inform other people present at the interrogation or other witnesses to testify in court. If the suspicion of extorting a confession by torture cannot be ruled out, the court shall ask the interrogators to testify in court to prove the legality of the confession. If the public prosecutor cannot give evidence in court, he may suggest that the court postpone the trial according to the provisions of Article 165 of the Criminal Procedure Law. After being notified according to law, interrogators or other personnel shall testify in court. Explanatory materials with official seals submitted by the public prosecutor, which have not been signed or sealed by the interrogators concerned, cannot be used as evidence to prove the legality of obtaining evidence. Both the prosecution and the defense can cross-examine and debate the legality of the defendant's pre-trial confession.
Article 8 If the court is in doubt about the evidence provided by the prosecution and the defense, it may announce an adjournment to investigate and verify the evidence. When necessary, prosecutors and defenders may be notified to be present.
article 11 if the public prosecutor fails to provide evidence to prove the legality of the defendant's pre-trial confession, or the evidence provided is not reliable and sufficient, the confession cannot be used as the basis for finalizing the case.
article 12 if the people's court of first instance fails to examine the opinion put forward by the defendant and his defenders that the defendant's pre-trial confession was obtained illegally and takes the defendant's pre-trial confession as the final basis, the people's court of second instance shall examine the legality of the defendant's pre-trial confession. If the prosecutor does not provide evidence to prove it, or the evidence provided is not reliable and sufficient, the defendant's confession cannot be used as the basis for finalizing the case.