According to Article 43 of the "Criminal Procedure Law of the People's Republic of China", judges, prosecutors, and investigators must collect information to prove the guilt or innocence of criminal suspects and defendants, and the circumstances of the crime in accordance with legal procedures. Evidence of severity. Extorting confessions by torture and collecting evidence by threats, inducements, deceptions and other illegal methods are strictly prohibited. It is necessary to ensure that, except for special circumstances, all citizens who are related to the case or know the facts of the case can provide evidence objectively and comprehensively, and can be recruited to assist in the investigation.
Article 181 of the "Procedural Regulations for the Handling of Criminal Cases by Public Security Organs" stipulates that during interrogation, the criminal suspect's confession and defense should be carefully listened to, and it is strictly prohibited to extract confessions by torture or obtain them by threats, inducements, deceptions and other illegal methods. Oral confession.
According to the provisions of Article 247 of the "Criminal Law", judicial personnel who torture criminal suspects or defendants to extract confessions or use violence against witnesses to extract testimony shall be sentenced to fixed-term imprisonment of not more than three years or detention. Those who cause casualties shall be convicted and severely punished in accordance with the provisions of Articles 234 and 232 of this Law. Under normal circumstances, the crime of extorting a confession by torture is punishable by fixed-term imprisonment of not more than three years or criminal detention depending on the specific circumstances. However, if the act of extorting a confession through torture causes the victim to become disabled, he shall be severely punished for the crime of intentional injury in accordance with the provisions of Article 234 of the Criminal Law. According to Article 234, anyone who intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance. Whoever causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; whoever causes death or serious injury and severe disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years but not more than ten years, or life imprisonment or death.
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Legal Basis
Article 234 of the People’s Republic of China and the Criminal Law of the People’s Republic of China. Whoever intentionally injures another person’s body shall be sentenced to fixed-term imprisonment of not more than three years. detention or control.
Whoever commits the crime in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; whoever causes death or serious injury and severe disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years and not more than ten years. Life imprisonment or death penalty. If this law provides otherwise, the provisions shall prevail.
Article 247 of the Criminal Law of the People's Republic of China and the State: The crime of extorting a confession by torture or the crime of obtaining evidence by violence. Judicial staff torture a criminal suspect or defendant to extort a confession or use violence to extort a witness. Anyone who testifies shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Anyone who causes injury, disability or death shall be convicted and severely punished in accordance with the provisions of Articles 234 and 232 of this Law.
Article 43 of the "Criminal Procedure Law of the People's Republic of China", defense lawyers may, with the consent of witnesses or other relevant units and individuals, collect materials related to the case from them, and may apply to the People's Procuratorate or the People's The court collects and obtains evidence, and may also apply to the people's court to notify witnesses to appear in court to testify. With the permission of the People's Procuratorate or the People's Court, and with the consent of the victim or his close relatives, or the witnesses provided by the victim, defense lawyers may collect materials related to the case from them.
Article 181 of the "Regulations on the Procedures of Public Security Organs for Handling Criminal Cases" Apply for reconsideration to the public security organ that made the decision within three days; the public security organ shall make a decision within three days of receiving the application for reconsideration from the administrative law enforcement agency and notify the administrative law enforcement agency that transferred the case in writing. The public security organ shall make a decision within three days after receiving the administrative law enforcement agency's reconsideration application and notify the transferring administrative law enforcement agency in writing.