What if there is no evidence to extort a confession by torture? The scars on the body are evidence. How to keep the evidence or clues of extorting a confession by torture 1, and try not to admit what you didn't do. Even if you are tortured, try not to admit what you didn't do. Because prosecutors and judges may ignore your excuse of "extorting a confession by torture" and directly take your guilty confession as the basis for finalizing the case. Therefore, if you plead guilty, the risk of being convicted in the future will increase dramatically. If you are tortured to death, you can pretend to be dead, you can scream, you can admit it temporarily, but you refuse to admit it when you make a statement, and so on. In exchange for a short link; If you can't stand the torture, admit it according to the investigator's wishes, at least you can use the last resort: don't sign. It is especially important to note here that if you are monitored while taking notes and tortured until you are mainly taken away, then you must never admit it! The surveillance video of guilty confession has strong probative power. In this case, you are at a disadvantage, and it is difficult to bear the burden of proof to overturn the video of guilty confession. One more thing: the transcript often records one more sentence at the end: "Q: Have you been tortured to extract a confession? A: There is no "If you are tortured to extract a confession and find this sentence in the transcript, don't sign it! 2. Keep as much evidence as possible that you were tortured. To exclude illegal evidence, we must first prove that it is "possible" to be extorted by torture, or provide clues for investigation. (1) Keep in mind the warning signs and expressions of the investigators. (2) Keep in mind the time, place, specific methods and injured parts of torture. Remember the time, because it is now required to synchronize the video during the trial, so it is unlikely that the trial will happen at the same time. It's more likely to beat you up first and then start questioning. Then there will be a blank period from being taken into custody to the beginning of interrogation; This is one of the important suspicious clues when excluding illegal evidence. Some time ago, the Guangdong Provincial High Court pronounced a case. One of the reasons why the defendant's guilty confession was invalid was that he had a blank period after being taken into custody and before interrogation. Remember the place, the way, the injured part, and even the clothes you wore that day, because these are important details when excluding illegal evidence. If you remember wrong, inconsistent, it is difficult to win the trust of investigators. (3) Take the initiative to ask for a physical examination. In some places, detention centers will examine suspects when they are remanded after being arraigned. If so, be sure to mention where you were injured and ask for an examination. (4) Tell prisoners the details and physical condition of their torture. When you return to the place where you are being held after the trial (or the prison room, which we call "the warehouse" here), you must tell your cellmates the details of your torture, and you can count on them to testify for you in the future. Especially those who are about to serve their sentences, those who have been sentenced to prison and may be transferred to other prisons, we must tell them more. Because after you enter the trial stage, the people in the same warehouse may have colluded with you, and the effectiveness of the testimony will be weak; And those who have been separated from you for a long time will have no chance to contact you in the future, and the testimony is more effective. If you get sick by torture (such as electric shock, throwing cold water, blowing fans, etc.). Many noisy lawyers in Weibo often advertise, although they don't know whether it's true or not), you should also let your prisoners know, tell the doctors in the detention center about their illness and ask for medicine. Doctors in general detention centers will record the use of drugs, which is also a clue for investigation. Go back after being tortured and go to the prison inspector as soon as possible. This is the only person you are most likely to rely on at this stage. Tell him in detail about your torture, ask for a record, ask for a physical examination and so on. 3. Seize every opportunity to complain. At every subsequent stage of the proceedings, you should mention that you were tortured. Even in the second trial after the judgment, application for retrial and other stages, it can still be mentioned. But when you mention it, you must be reasonable, make it clear and provide clues for investigation. If there is no clue, you just yell to be tortured to extract a confession, and the case handlers will generally ignore you. 4. Find a good lawyer. Find a good lawyer, and when he sees you, you tell him that you have been tortured, tell him clues that can be investigated, and let him investigate. It is a good lawyer who is willing to help you run this business seriously, so don't lie to others, don't lie to the lawyer and say that you have been tortured without being beaten; Don't blame the lawyer for running away and not changing the status quo. The lawyer's fee should still be given. After all, the decision is in the hands of the public security organs. Don't look for lawyers who make trouble in court. Don't look at them Weibo brushes fiercely and quarrels fiercely with judges and prosecutors. They just use your torture to speculate on their fame and income. In fact, they don't care if you are really tortured or investigated clearly. Obviously, being tortured does not mean being innocent. The most fundamental difference between not doing and doing is that your guilty confession is the key conclusive evidence, and your guilty confession is dispensable. If you really didn't do it, then after excluding your guilty confession, the remaining evidence can't determine that you constitute a crime. If you do, even if there is no guilty confession of the defendant, usually other evidence is still enough to convict you. Extorting a confession by torture is only one of the reasons to plead innocence, not all the reasons. A good lawyer can seize the loopholes in the evidence to defend your innocence, not just extort a confession by torture. This is also the fundamental difference between a good lawyer and a court lawyer: a court lawyer can only apply for withdrawal and extort a confession by torture, while a good lawyer defends from the perspectives of evidence loopholes, procedural defects, unclear facts, and legal application. If you have any questions about extorting a confession by torture, I suggest you click on the online consultation system and have one-on-one communication with online lawyers.

Legal objectivity:

Extorting confessions by torture refers to a very bad interrogation method in which judicial personnel use corporal punishment or disguised corporal punishment to torture the body or spirit of the interrogated person in order to obtain the confession of the interrogated person. According to the "Provisions of the Supreme People's Procuratorate on the Criteria for Filing Crimes of Dereliction of Duty and Infringement", anyone suspected of one of the following circumstances should be placed on file: (1) beating, binding, illegal use of equipment and other bad means to extract a confession; (2) long-term use of freezing, starvation, drying, baking and other means to extract confessions, which seriously damages the health of criminal suspects and defendants; (3) extorting a confession by torture causes minor injury, serious injury or death to the criminal suspect or defendant; (4) extorting a confession by torture, if the circumstances are serious, causing the criminal suspect or defendant to commit suicide or self-mutilation, causing serious injury, death or mental disorder; (5) extorting a confession by torture, resulting in misjudged cases; (6) extorting confessions by torture for more than three times; (7) conniving, instigating, instigating or forcing others to extort a confession by torture, which has one of the above circumstances; (eight) other circumstances that should be investigated for criminal responsibility of extorting a confession by torture. Whoever commits the crime specified in this article 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.