On False Confession And Its Prevention In Criminal Proceedings

In criminal proceedings,the pleaded guilty of the prosecuted refers to the recognition of the suspected criminal facts.The prosecuted person’s voluntary and truthful confession has important legal effects in procedural law and substantive law.It is a prerequisite for the application of procedures such as summary procedure and speedy procedure.It is also usually an important prerequisite for confession,frankness and probation.However,the person prosecuted may falsely plead guilty in criminal proceedings.The “false” of false confession refers on the one hand to the “false” content of the confession of the prosecuted person,that is,the false confession,such as the innocent person admitting the crime he has not committed;False,that is,the confession that seems to be voluntary is an illusion.In essence,its confession is not based on the choice of true free will.Therefore,false confession means that the person being prosecuted has not faithfully or involuntarily acknowledged the suspected criminal facts in the criminal proceedings.There are many reasons that lead the accused person to plead guilty,mainly as follows: First,investigators force or deceive the accused person to plead guilty.Investigators have taken illegal acts such as forced confession,confession and deception,and obtained involuntary or untrue confessions from the person prosecuted.Second,Second,the defense lawyer failed to give full play to the lawyer’s help function.Defencelawyers cannot substantially protect the lawful rights and interests of the person being prosecuted in the case of pleading guilty,help them prevent improper interference by the public security and judicial organs and their staff,and make false plea of guilty without being affected by illegal acts.Third,prosecutors have failed to fulfill their objective obligations.Prosecutors cannot deal with cases objectively and impartially,fail to effectively detect and eliminate false confession obtained by investigators,and even use illegal means to take advantage of asymmetric information to obtain false confession from the prosecuted.Fourth,the respondent voluntarily made a false confession out of the temptation of utility.This is mainly reflected in the false accusation of the person prosecuted in order to plead guilty for others or to pursue a lighter punishment and probation.Fifth,the judicial organ’s confession review mechanism is inadequate and cannot effectively identify and exclude the false confession of the accused.The lack of censorship mechanism will also form negative feedback to the judicial officers of the previous stage,making it easier for them to adopt illegal means to obtain false confession.The false confession of the prosecuted person can easily lead to unjust and false cases,and it will also seriously waste judicial resources and seriously detract from judicial authority.Therefore,China should take measures to curb and prevent the false accusation of the prosecuted person.First,the investigating agency should strictly observe the legal bottom line of the investigation,and prevent the use of torture to confess,induce,and deceive the confession by illegal acts.Secondly,the active role of defense lawyers should be brought into play,so that they can provide practical and effective legal help on whether the prosecuted person has made a confession choice or resisted the intervention of external improper forces.Repeatedly,prosecutors should perform objective obligations,objectively collect and review evidence and determine the facts of the case,conduct full disclosure of the evidence,treat the accused and his defenders equally,and lay the foundation for preventing false confession.Finally,China should improve the confession review mechanism to detect and eliminate the false confession of the prosecuted person in a timely manner,thereby depriving judicial personnel of their motivation to obtain confession illegally.