Study On The Elimination Of Repeated Confession

Repeated confession is that one confession of the criminal suspect or defendant is obtained by using illegal interrogation means, when interrogated again not using illegal interrogation means, the criminal suspect or defendant make the confession on the same case facts. According to the rules of illegal evidence exclusion, investigators use torture and other illegal means to get confession should be excluded, but, after torture, investigators don’t use illegal means to get confession, the confession that the criminal suspect or defendant make on the same case facts whether to be excluded, there are a lot of controversy. Although repeated confession has legal form, but there may be a close causal relationship between repeated confession with illegal interrogation behavior or the confession obtained by using illegal interrogation means, if the court don’t exclude repeated confession, it will cause that the confession polluted by illegal interrogation behavior or confession obtained by using illegal interrogation means, was used as evidence to determine the case facts, more seriously, the illegal evidence exclusion rule will be transformed into a dead letter. So, the problem of repeated confession is China’s current criminal justice must solve the problem. For this reason, this article will study the problem of repeated confession, hoping to help solving the problem.This article will be divided into four parts:The first part is the statement of problem, through the drug trafficking case,lead to the problem of repeated confession, and define the concept of repeated confession, at the same time,analyze the causes of the problem of repeated confession.The second part is the foreign case study of repeated confession,through studying foreign countries typical case,analyze the methods used by foreign court to deal with the problem of repeated confession,hope to helping solving the problem to our country.The third part is the theoretical basis of excluding repeated confession, in this part, by analyzing and disputing the different views of excluding repeated confession, author discusses why excluding repeated confession,and analyze the basis of excluding repeated confession.The fourth part is the standard and factors to consider of excluding repeated confession, establishing the adjudicative standard of excluding repeated confession, and listing the main factors influencing the repeated confession excluded.