Deception and Seduction refers to that in criminal proceedings, investigators use deception, seduction and other means to make criminal suspects make untrue confessions. This behavior not only violates the legitimate rights and interests of criminal suspects, but also undermines the fairness and authority of criminal proceedings. Deception and inducement of confession may lead to the conviction of the innocent, and the guilty evade legal sanctions, which seriously damages judicial justice and social fairness and justice.
second, the illegality of cheating and luring confessions
according to the laws of our country, cheating and luring confessions are illegal acts that are explicitly prohibited. In criminal proceedings, investigators should follow the principles of legality, justice and fairness, and may not use illegal means to obtain evidence. Extorting confessions by torture not only violates the provisions of the criminal procedure law, but also violates the basic principles of the criminal procedure law.
Third, the legal consequences of cheating and luring confessions
Chinese laws stipulate the corresponding legal consequences for cheating and luring confessions. According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), if an investigator obtains a confession of a criminal suspect by deception or inducement, it constitutes the crime of illegally obtaining a confession and should be punished according to law. At the same time, confessions obtained by cheating or luring confessions will be regarded as illegal evidence and cannot be used as the basis for finalizing the case.
four. Measures to Prevent and Combat Deception and Confession
In order to prevent and combat deception and confession, China has taken a series of measures. First of all, the training and education of investigators have been strengthened to improve their legal awareness and professionalism. Secondly, a strict supervision mechanism is established to supervise the whole process of investigation activities to ensure the legitimacy and fairness of investigation activities. In addition, the protection of the legitimate rights and interests of criminal suspects has been strengthened to ensure that their legitimate rights and interests in criminal proceedings are fully guaranteed.
To sum up:
Deceiving and inducing confession is an illegal act, which seriously damages judicial justice and social fairness and justice. China's laws explicitly prohibit cheating and inducing confessions, and stipulate the corresponding legal consequences. In order to prevent and crack down on cheating and inducing confessions, China has taken a series of measures, strengthened the training and education of investigators, established a strict supervision mechanism, and strengthened the protection of the legitimate rights and interests of criminal suspects.
Legal basis:
Article 5 of the Criminal Procedure Law of People's Republic of China (PRC)
stipulates:
It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal means, and no one may be forced to prove his guilt. We must ensure that all citizens who are related to or know the case, except in special circumstances, have the conditions to provide evidence objectively and fully, and can recruit them to assist in the investigation.
Article 247 of the Criminal Law of People's Republic of China (PRC) stipulates:
Judicial personnel who extort confessions from criminal suspects or defendants by torture or force witnesses to testify shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes disability or death shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.