If you sign before writing the content, there will be certain legal risks. According to the Civil Law of People's Republic of China (PRC) implemented by 202 1, if one party takes advantage of others' danger and lacks judgment ability, resulting in obviously unfair when the civil juristic act is established, the injured party has the right to request the people's court or arbitration institution to cancel it. A civil juristic act that violates the mandatory provisions of laws and administrative regulations is invalid. Except that the mandatory provisions do not lead to the invalidity of civil legal acts. A civil legal act that violates public order and good customs is invalid.
The text draft has the following provisions:
1. When interrogating a criminal suspect, investigators should first ask whether the criminal suspect has committed a crime, and inform the criminal suspect of the legal provisions that his crime can be lightened or mitigated, so that he can state the circumstances of guilty or innocent defense, and then ask him questions. A criminal suspect shall truthfully answer the questions of investigators. However, he has the right to refuse to answer questions irrelevant to the case;
2. When interrogating a deaf-mute criminal suspect, there should be people who are familiar with deaf-mute gestures, and the deaf-mute situation of the criminal suspect should be indicated in the interrogation record, as well as the name, work unit and occupation of the translator;
3. Investigators shall truthfully record the interrogation and the confession or excuse of the criminal suspect. Interrogation transcripts should be made with materials that can keep handwriting for a long time;
4. The interrogation record shall be checked by the criminal suspect or read to him. If there are omissions or errors in the records, the criminal suspect shall be allowed to supplement or correct them, and his fingerprints shall be pressed. After the transcript has been checked by the criminal suspect, it shall be signed page by page, printed by hand, and stated on the last page that "I have read (or read to me) the above transcript, which is consistent with what I said". If the respondent refuses to sign or fingerprint, the respondent shall indicate it in the record;
5. If a criminal suspect asks to write a confession, he shall be allowed; When necessary, investigators may also ask the criminal suspect to write a confession in person. The criminal suspect shall sign the handwritten confession page by page and press his handprint. After receiving it, the investigators should write "received on a certain day, a certain month, a certain year" on the top right of the home page and sign it.
To sum up, China's current laws do not clearly stipulate the legal effect of writing after signing. But signing before writing the content will have certain legal risks.
Legal basis:
Article 151 of the Civil Code of People's Republic of China (PRC)
If one party takes advantage of the situation that the other party is in a critical state and lacks judgment ability, resulting in obviously unfair when a civil juristic act is established, the injured party has the right to request the people's court or an arbitration institution to cancel it.
Article 152
In any of the following circumstances, the right of revocation shall be extinguished:
(1) The party concerned fails to exercise the right of cancellation within one year from the date when he knows or should know the reason for cancellation, or within 90 days from the date when he knows or should know the reason for cancellation;
(2) The party concerned is coerced and fails to exercise the cancellation right within one year from the date when the coercion is lifted;
(3) After the parties know the reasons for cancellation, or explicitly give up the cancellation right by their own actions.
If the party concerned fails to exercise the right of cancellation within five years from the date of the civil juristic act, the right of cancellation shall be extinguished.