What if there is no evidence to extort a confession by torture? The scars on the body are evidence. How to keep the evidence or clues of extorting a confession by torture 1. Try not to admit what you have not done. Even if you are tortured, try not to admit what you didn't do. Because prosecutors and judges may ignore your defense of "extorting confessions" and directly take your guilty confession as the basis for filing a case. Therefore, if you make a guilty confession, the risk of being convicted will greatly increase. If you are tortured to extract a confession, you can play dead, make a hullabaloo about, plead guilty temporarily but refuse to admit the transcript in exchange for a short court session; If you can't stand being extorted by torture, you can at least use the last resort: don't sign. What we should pay special attention to here is: if there is monitoring when taking notes, and you are tortured to extract confessions first, so that you can take them mainly, and then take them to take notes before monitoring, never admit it! The surveillance video of guilty confession is very powerful, which is at a disadvantage in this case. It is very difficult for you to bear the burden of proof to overturn the video of guilty confession. One more thing: at the end of the transcript, there is often one more sentence: "Q: Have you been tortured to extract a confession? A: No ". If you have been tortured to extract a confession, but you find this sentence in the transcript, don't sign it! 2. Try to keep your own evidence of extorting confessions by torture. To exclude illegal evidence, we must first prove that we are "likely" to be extorted by torture, or provide clues that can be investigated. (1) Remember the police siren and the appearance of the investigators. (2) Remember the time, place and method of interrogation, as well as the trauma site. Remember the time, because the interrogation needs synchronous video recording now, so it is unlikely that the interrogation will occur again at the same time as hitting people. It is more likely that the interrogation will start after hitting people first and beating you honestly. Then there will be a gap between the time of being detained and the time of starting interrogation; This is one of the important suspicious clues when excluding illegal evidence. Some time ago, in a case of acquittal by the Guangdong Provincial High Court, the defendant's confession that he was found guilty was invalid. One of the reasons was that there was a blank time before he was detained and interrogated. Remember the place, the way, the injured part, and even the clothes worn that day, because these are important details when excluding illegal evidence. If you remember wrong and the statements are inconsistent, it is difficult to convince investigators. (3) Take the initiative to ask for a personal examination. In some places, detention centers will conduct physical examination of suspects when remanded for trial after arraignment. If so, be sure to mention where you were injured and ask for an examination. (4) Tell your cellmate the details of your torture and your physical condition. After the trial, when you return to the place where you are being held (or what we call the cell here), you must tell your cellmate the details of the trial, because you will expect them to testify for you in the future. This is especially important for prisoners who are about to serve their sentences, prisoners who have been sentenced and prisoners who may be transferred to other cells. Because after you are tried, people in the same cell may collude with you, and the effect of testimony will be greatly reduced; Those who have been separated from you for a long time have no chance to contact you afterwards, and the effect of testimony will be slightly better. If you get sick because of torture (such as electric shock, throwing cold water on the fan, and many noisy lawyers often advertise it in Weibo, although I don't know whether it is true or not), you should also let the inmates know, and tell the doctor in the detention center about your illness and ask the doctor to prescribe medicine for you. Usually, doctors in detention centers have medication records, which is also a clue to the investigation. Go to the prison inspector as soon as you come back from the trial. At this stage, he is the only person you are most likely to trust. Tell him in detail about your torture, ask for a statement, ask for a physical examination, and so on. 3. Seize every opportunity to lodge a complaint. At every subsequent stage of the proceedings, mention the fact that you were tortured. Even after the verdict is pronounced in the second instance, it can still be mentioned in the case of applying for retrial. But when it comes to it, it must be well-founded, explain the ins and outs of the matter clearly, and provide investigation clues. If you don't have a clue to complain that you were tortured, the case handlers will generally ignore you. 4. Find a good lawyer. Find a good lawyer, and when he meets you, tell him about your trial, tell him the clues that can be investigated, and let him investigate. I am willing to help you run seriously. This is a good lawyer, so don't cheat people. Don't lie to the lawyer and say that you have been interrogated. Don't blame the lawyer if he runs away and doesn't change the status quo. The lawyer's fee will still be given. After all, the decision is in the hands of the procuratorate. Don't look for those lawyers, although they are fierce in Weibo and quarreling with the judges and prosecutors. They just hype their fame and income with your interrogation, but they don't really care whether you are really interrogated or whether you have been investigated clearly. 5. Being tortured is not equal to innocence. The essential difference between not doing it and doing it is that your guilty confession is the key evidence of the case, while your guilty confession is dispensable. If you really didn't do it, then exclude your guilty confession, and the rest of the evidence can't determine that you constitute a crime. If you do, then even without the confession of the defendant, other evidence is usually enough to convict you. Extorting a confession by torture is only one of the reasons for not pleading guilty, not all. A good lawyer can seize the loopholes in the evidence to defend your innocence, instead of just accepting torture to extract confessions. This is the fundamental difference between a good lawyer and a lawyer in court: a lawyer in court can only apply for withdrawal and extorting a confession by torture. A good lawyer defends from the perspectives of evidence loopholes, procedural errors, factual errors and legal application. I suggest you click on the online consultation system to communicate with online lawyers one-on-one. Legal purpose:
extorting a confession by torture refers to a very bad interrogation method in which judicial personnel use corporal punishment or corporal punishment in disguised form to torture the body or spirit of the interrogated person in order to obtain his confession. According to the "Provisions of the Supreme People's Procuratorate on the Criteria for Filing Criminal Cases of Dereliction of Duty and Infringement", anyone who is suspected of one of the following circumstances shall be placed on file: (1) extorting a confession by such bad means as beating, binding or illegally using guns; (2) Forcing confessions by freezing, starving, drying or baking for a long time, which seriously damages the health of criminal suspects and defendants; (3) Causing minor injuries, serious injuries or death to the criminal suspect or defendant by extorting a confession by torture; (4) extorting a confession by torture, if the circumstances are serious, causing the criminal suspect or defendant to commit suicide or self-harm, causing serious injury, death or mental disorder; (5) extorting a confession by torture, resulting in a wrong judgment; (6) extorting a confession by torture for more than three times; (7) conniving, instigating, instigating or forcing others to extort a confession by torture, with one of the above circumstances; (8) Other circumstances in which criminal responsibility should be investigated for extorting a confession by torture. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes casualties shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.