(1) Take everything out, even the belt;
(2) bring it into the inquiry room. Generally, there are 2~3 inquiries, 1~2 inquiries, 1 record;
(3) exert psychological pressure and start asking questions;
(4) after the inquiry, record the confession;
(5) The report receipt needs to leave the address and contact information.
The purpose of requesting identity cards and signatures is to determine the identity information of suspects or witnesses. The purpose of leaving the communication mode after recording is to contact the criminal suspect or witness at any time.
With the "superstition" of the role of confession in investigation practice, the evidential effect of confession has been exaggerated. Even the understanding of the dual nature of confession is mostly theoretical. Here, we might as well list the common forms of confession in practice and explore its evidence effect.
1. Isolated confessions, unverified and untrue confessions, of course, have no evidential effect. This has been determined by legislation and need not be repeated.
2. As for the evidence effect of the verified confession, once the confession obtained according to law is verified, it can of course be used as the basis for finalizing the case.
However, it should be noted that the process of verifying the confession is also a process of collecting other evidence and examining and judging the collected evidence, and there must be enough other evidence to examine the authenticity of the confession. As a kind of evidence that directly proves the facts of a case, according to logical rules, when it cannot prove its own authenticity, it loses the possibility of independently proving the facts of a case.
3. Illegally obtained confessions, though verified, should not be admitted as evidence.
Article 43 of the current Criminal Procedure Law clearly stipulates that extorting confessions by torture and collecting evidence by threats, seduction, deception and other illegal methods are strictly prohibited.
In addition, China's criminal law criminalizes extorting confessions by torture. For a long time, in practice, illegally obtained confessions, such as "false confessions", will naturally not be accepted, but whether illegally obtained "true confessions" are accepted is controversial.
Extended data:
Legal consequences of recording false confessions: confessions generally refer to the confessions of criminals or defendants, and the confessions of the parties cannot be called confessions. If the circumstances of providing false confessions are minor, they shall bear administrative responsibility; if the circumstances are serious, they shall violate the criminal law.
Article 305 of the Criminal Law of People's Republic of China (PRC) stipulates:
In criminal proceedings, witnesses, expert witnesses, recorders and translators who intentionally make false proofs, appraisals, records and translations of important cases with the intention of framing others or concealing criminal evidence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
References:
Baidu encyclopedia-confession