Research On The Exclusion Rule Of Repeated Confessions

In criminal proceedings,confessions are often important evidence for the conviction and sentencing of the defendant.Confessions obtained by investigators using illegal methods such as torture to extract confessions during interrogation of criminal suspects are illegal verbal evidence and should be absolutely excluded.The problem is that criminal suspects are often interrogated more than once,and there is considerable debate on whether repeated confessions made under the influence of previous illegal methods need to be excluded,and what mode of exclusion should be adopted.The "Regulations on Several Issues Concerning the Strict Exclusion of Illegal Evidence in the Handling of Criminal Cases" stipulates for the first time the exclusionary rule for repeated confessions.This rule clarifies the evidentiary capacity of repeated confessions made under the influence of illegal methods,and resolves whether the indirect acquisition of confessions through illegal methods It belongs to the question of illegal oral evidence,which has become an important part of the exclusionary rule of illegal evidence.From the perspective of judicial practice,due to the influence of "confession-centrism",it is rare for repeated confessions to be excluded,so the effect of the rule of exclusion of illegal evidence is greatly reduced.This paper discusses the value and theoretical basis of the repetitive confession exclusion rule,collects 141 judgment documents,and examines the application status of the repetitive confession exclusion rule through a comparative study of 141 judgment documents.The path to the exclusion rule for the confession.This paper mainly consists of the following three parts:The first part is an overview of the duplicate confession exclusion rules.This part mainly includes three aspects: first,the dispute over the exclusion of repetitive confessions and our country’s choice;the second is the value analysis of the rules for the exclusion of repetitive confessions,such as guaranteeing the voluntary nature of the accused’s confession and deterring the illegal acquisition of the investigation agency.The third is the theoretical basis for the exclusion of repeated confessions,such as the theory of the fruit of the poisonous tree and the theory of continued validity.The second part mainly studies and analyzes the application status and predicament of the repeated confession exclusion rule in my country.By analyzing 141 judgment documents,the application of the repetitive confession exclusion rule before and after its establishment was investigated,and the dilemma of the application of the repetitive confession exclusion rule was revealed,such as the low overall application rate of the repetitive confession exclusion rule and the percentage of repetitive confessions excluded.It is not high,repeated confessions usually have no substantial impact on conviction and sentencing after the exclusion of repeated confessions,and it is difficult to exclude repeated confessions in the investigation behavior during the supervision stage.The third part puts forward suggestions for improving the exclusionary rules of repetitive confessions in my country.The main content of this part includes two aspects:one is to improve the substantive provisions of the exclusionary rules for repetitive confessions,such as clarifying the meaning of "repetitive" and expanding the scope of previous illegal confessions;the second is to improve the procedures for the exclusionary rules for repetitive confessions regulations,such as improving the system of audio and video recordings of interrogations,etc.