What will the police do if they force the prisoners to confess? It is illegal for the police to force prisoners to confess, if it involves the use of corporal punishment or disguised corporal punishment to extract confessions. If found, they will be sentenced to fixed-term imprisonment of not more than three years and criminal detention. If it causes disability or death, it will also be characterized as intentional injury or intentional homicide and will be severely punished. Extorting a confession by torture refers to the act of judicial staff using corporal punishment or disguised corporal punishment to extort a confession. It is illegal to extort a confession by torture, which constitutes the crime of extorting a confession by torture. According to Article 247 of the Criminal Law, judicial personnel who extort confessions from criminal suspects or defendants by torture or extract witness testimony by violence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes disability or death shall be convicted of intentional injury as stipulated in Article 234 and intentional homicide as stipulated in Article 232 of this Law, and shall be given a heavier punishment. If the police force the prisoner to confess guilt, they can know that extorting a confession by torture does not constitute a crime. According to the Police Law, people's policemen who extort confessions by torture or abuse criminals by corporal punishment shall be given administrative sanctions; When necessary, measures can be taken to stop performing duties and confinement. The Supreme People's Retrieval Institute's Provisions on the Standards for People's Procuratorates to Directly Accept Investigation Cases (Trial) stipulates that anyone suspected of any of the following circumstances shall file a case: 1. Cruel means and bad influence; 2. Lead to suicide or mental disorder; 3. Causing unjust, false and wrong cases; Extorting confessions by torture for more than 4.3 times or for more than 3 people; 5. instigating, instigating or forcing others to extort a confession by torture. As one of the criminal defense reasons, extorting confessions by torture, if used well, may avoid imprisonment. How to keep the evidence or clues of extorting confessions by torture? 1, try not to admit what you haven't done; 2. Keep as much evidence as possible that you were forced to confess by torture; 3. Seize every opportunity to complain; 4. Find a good agent. How to apply for illegal evidence exclusion more effectively? 1. Applicable time: when signing an indictment or hearing a case. 2. Application content: provide relevant content in a targeted manner. 3. Find a good agent. Extorting confessions by torture has always been an important cause of unjust, false and wrong cases, and its harm lies not only in the pain suffered by the body when it is subjected to violence, but also in the charges and jail time it may bear after obtaining evidence. In the past, the punishment for extorting a confession by torture could only be investigated for the criminal responsibility of the case handlers; The standard for determining the facts of a crime is "the evidence is true and sufficient". In the case of unequal status and favoritism of judicial personnel, it is difficult for suspects who were tortured to prove the fact that they were tortured to extract confessions. After the revision of 20 12 Criminal Procedure Law, the procedural content of "excluding illegal evidence" was added. The biggest advantage of this procedure is that the suspect does not need to prove the fact that he was tortured to extract a confession, but only needs to prove that there may be a confession by torture. This greatly weakens the burden of proof that the tortured person needs to bear. They don't need to provide exact evidence to prove a fact, but only need to provide investigation clues to prove a possibility. Then, how to keep evidence or clues as much as possible when extorting a confession by torture, how to apply for the exclusion of illegal evidence more effectively and avoid the adverse legal consequences after extorting a confession by torture? Important premise 1, uncivilized investigation behavior does not belong to extorting a confession by torture. Uncivilized investigation behaviors such as rude attitude, swearing, striking the table and even insulting criminal suspects do not belong to extorting confessions by torture. In addition, sometimes, the police often use violence only because the suspects are dishonest and glib, and they are beaten to vent, not to collect evidence, which has nothing to do with this topic. Don't argue whether there is a confession by torture, whether it is more or less. For example, a police uncle replied: Now investigation and evidence collection are becoming more and more standardized, and many places monitor the whole process, not giving time and space for extorting confessions by torture; The investigation behavior of extorting confessions by torture and other violations of procedures is becoming more and more strict, and the risk is disproportionate to the income; The standard of evidence in criminal proceedings is getting higher and higher, and the importance of the defendant's confession is getting lower and lower. These reasons will make the phenomenon of extorting confessions by torture less and less, and eventually disappear. However, we must also admit that the phenomenon of extorting confessions by torture still exists in some places, and even now, the possibility of extorting confessions by torture still exists. How to keep the evidence or clues of extorting confessions by torture? 1, 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 defense 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, many noisy lawyers often advertise in Weibo, although I don't know whether it is true or not), let your prisoner know, tell the doctor in the detention center about the 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. 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 is not equal to 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. To sum up, we can see that if the police force the prisoner to confess guilt, it will constitute an illegal act of extorting a confession by torture. According to the relevant provisions of the Criminal Law, those with serious circumstances will be sentenced, and those who die will be punished as intentional homicide. In addition, in the loopholes in the evidence provided by the police, it is also very helpful to ask a good agent to describe the fact of extorting a confession by torture.