Lawyers' right to investigate and collect evidence means that lawyers have the right to investigate and collect evidence from relevant units and individuals when handling legal affairs. This is one of the important rights that lawyers should enjoy, and it is also the guarantee for lawyers to practice smoothly.
Extorting a confession by torture refers to a very bad criminal judicial interrogation method in which state judicial personnel (including discipline inspection and supervision personnel) torture the body or spirit of the interrogated person by cruel means such as corporal punishment or disguised corporal punishment or even mental punishment in order to obtain his confession. Article 54 of China's Criminal Procedure Law, Article 6 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of People's Republic of China (PRC)'s Criminal Procedure Law, and Article 140 of the Criminal Procedure Rules of the People's Procuratorate, the statutory legal supervision organ of the state, clearly stipulate that extorting confessions by torture is prohibited, but in judicial practice, illegal interrogation behaviors such as extorting confessions by torture and obtaining evidence by violence are still widespread. This is contrary to the goal of building a society ruled by law in Socialism with Chinese characteristics.
Extorting confessions by torture seriously infringes on the personal rights and democratic rights of criminal suspects and defendants, making them feel physical or mental pain and forced to confess, which will lead to serious injury, death and unjust and wrongful cases. This has seriously damaged the image of the national judicial organs, undermined social stability and caused serious consequences. This kind of behavior is also prohibited by our laws. Article 247 of China's criminal law specifically stipulates the crime of extorting a confession by torture, and Article 43 of the Criminal Procedure Law also clearly stipulates that it is strictly forbidden to collect evidence by illegal means of extorting a confession by torture.