How to deal with the confession in the first instance and the confession in the second instance?

First, how to deal with the confession in the first instance and the confession in the second instance? See if there is any new evidence. If the confession of the first instance is a confession of criminal prosecution, the judgment of the first instance will be revoked and sent back for retrial because of procedural violations; If not, depending on whether the new evidence is favorable, the result may be: 1, the judgment of the first instance is revoked and the judgment of the second instance is directly changed; 2. Cancel the first trial and send it back for retrial; 3. Maintain the judgment of first instance. Second, the criminal suspect does not plead guilty mainly in the following aspects: 1. The defendant refused to plead guilty from the day he was arrested, especially in drug cases. In the trial practice, the particularity of one-on-one drug cases leads to conviction and sentencing mainly relying on the unanimous confession of drug buyers and sellers, lacking corresponding physical evidence. The defendant was lucky and unwilling to confess truthfully in an attempt to escape punishment. The accused confessed truthfully after being arrested, but with the passage of time, he changed his confession and refused to admit the facts of the crime. At the beginning of being arrested, some defendants were forced by the strong pressure of the judicial organs to admit the facts of the crime, but deep down they were unwilling to accept sanctions and resist reform. After the initial panic, the psychological defense line was rebuilt and rebelled against the law. 3. In the crime of * * *, the defendant shirked the details of division of labor and cooperation, and was unwilling to bear the main responsibility. This phenomenon often appears in the trial of robbery and robbery cases. The defendants who committed robbery and robbery cases had a relatively low education level, and most of them were fellow villagers and friends. After the incident, each defendant tried to shift the responsibility to others to reduce his criminal responsibility. 4. There are many flaws in the evidence of the public security organs, which leads to the defendant's voluntary confession in the public security and procuratorial stages. However, when he arrived at the court, he refused to plead guilty after being instructed by the defense lawyer, mainly in rape cases. Because the victim's repeated statements were different from the defendant's confession, the defendant thought in court that it was not rape but adultery. Suggestions and countermeasures: 1. In the criminal investigation procedure, the public security organs should conduct detailed investigation and interrogation of all the details of the criminal facts of the whole case, fix the defendant's confession from the early stage of criminal proceedings, and break the illusion that the defendant tried to retract his confession and not plead guilty. At the same time, we should collect and fix material evidence and witness testimony as much as possible, prove the facts of the crime from many angles and aspects, and restore the original appearance of the crime process. The public security department should strengthen the consciousness of evidence, pay attention to the objectivity, relevance and legality of evidence, closely combine evidence with facts, make every criminal fact supported by corresponding evidence, form a close logical chain between evidence and evidence, and reproduce the whole criminal process completely and in detail. Especially for the same crime of * * *, we should ask the details of the division of labor between the defendants in detail, which will help to distinguish the guilt of each defendant. 2. Procuratorial organs should strictly control the facts of evidence. Put forward suggestions to correct the defects in the evidence of public security organs in time. In the process of examination and prosecution, it is necessary to closely follow the facts of the case, conduct detailed and comprehensive interrogation on the important criminal facts that affect the conviction and sentencing of the case in time, plug all loopholes that the criminal suspect may use in time, break through the defendant's psychological defense line, and make him truthfully account for the criminal facts. The situation of the defendant's confession in the stage of examination and prosecution should be carefully examined, carefully screened, and the false should be eliminated. 3. In the court trial stage, the judge should publicize the criminal law and policy to the defendant, so that he can give up resistance and cooperate with the trial, which is conducive to his own reform. First of all, it is necessary to explain to the defendant whether resisting the state judicial organs reflects the defendant's repentance attitude and directly affects his conviction and sentencing. Secondly, the judge explained to the defendant that if he admitted the accusation of the public prosecution agency, he could apply summary procedure or ordinary procedure to simplify the trial, and he could be given a lighter punishment according to law. Through the explanation of criminal policy, the defendant is urged to change his attitude and cooperate with the trial, so as to save judicial resources. We can clearly understand that how to deal with the first-instance confession retraction and the second-instance confession retraction depends on the actual situation at that time. If the suspect only retracted his confession orally at that time, and the parties have no other substantial evidence to support his retraction, the judgment of the first instance may be upheld. However, there is evidence that the retraction of confession is due to the serious crime of extorting a confession by torture at the first instance, which may lead to a completely different trial result from the first instance.