Is it illegal for the police to induce a confession?

Extracting a confession is prohibited by law. To induce a confession is to induce a criminal defendant or witness to make a confession based on the subjective intentions or inferences of investigators and judges. Extracting confessions is good at concealing the intention and purpose of interrogation. It abandons the method of using torture to directly reveal the weakness of the interrogation target, and adopts a step-by-step strategy from the shallower to the deeper, from the outside to the inside, so that the person being interrogated gives up his vigilance and thinks that the questions are insignificant, making him unconsciously follow the interrogator's instructions. Design walks into a trap and cannot extricate itself.

First, the scope of illegal evidence includes:

1. Evidence materials collected by law enforcement agencies in violation of legal procedures;

2. Produced in excess of or abuse of power Or investigate and collect evidence materials;

3. Lawyers or parties use illegal means to present or investigate and collect evidence;

4. Law enforcement agencies use illegal evidence materials as clues to investigate and collect other evidence.

2. Characteristics of the crime of extorting confessions by torture:

1. Special subjects are limited to judicial staff, that is, staff responsible for investigation, prosecution, trial and supervision. People who do not have the status of judicial personnel, such as joint defense team members, security personnel employed by units and other cadres and masses, are not the subject of this crime.

2. Subjectively, the purpose is to extract a confession. Torture to extract confessions refers to forcing criminal suspects and defendants to confess their crimes. This is the key content of intentionality in this crime, and it is also one of the important signs that distinguishes it from other crimes. If the purpose is to force testimony, it does not constitute innocence and constitutes the crime of violent evidence collection; if the purpose is to use judicial power to retaliate against others, it does not constitute this crime and can constitute the crime of intentional injury. Most of the motivations for extorting confessions are the eagerness to solve and close the case.

3. Objectively use corporal punishment or disguised corporal punishment to torture criminal suspects and defendants to extract confessions. The so-called corporal punishment refers to methods that deliberately destroy human tissues or organs and directly cause physical pain, such as binding and beating people. The so-called disguised corporal punishment refers to the use of methods other than corporal punishment to destroy and torture a person's body and will, such as standing for long periods of time, being exposed to cold and starvation, and continuous interrogation day and night. Even using special instruments or torture methods to torture.

Legal basis: "Criminal Procedure Law of the People's Republic of China"

Article 52 Judges, prosecutors and investigators must follow legal procedures to collect information that can prove that the criminal suspect, Various evidence of the defendant's guilt or innocence and the seriousness of the crime. It is strictly prohibited to use torture to extract confessions and to collect evidence through threats, inducements, deceptions or other illegal methods, and no one may be forced to prove his or her guilt. It is necessary to ensure that all citizens who are related to the case or know about the case have the conditions to provide evidence objectively and fully. Except for special circumstances, they can be hired to assist in the investigation.

Article 56: Confessions of criminal suspects and defendants collected through illegal means such as torture, and witness testimonies and victim statements collected through illegal methods such as violence and threats shall be excluded. If the collection of physical evidence or documentary evidence does not comply with legal procedures and may seriously affect judicial fairness, it shall be corrected or a reasonable explanation shall be given; if it cannot be corrected or a reasonable explanation cannot be given, the evidence shall be excluded. Evidence that should be excluded during the course of investigation, review, prosecution, and trial shall be excluded in accordance with the law and shall not be used as the basis for prosecution opinions, prosecution decisions, or judgments.