公訴人應(yīng)對庭審翻供案件的對策探略（Discussion on the countermeasures to deal with the prosecutor trial confession cases）

1、公訴人應(yīng)對庭審翻供案件的對策探略（Discussion on the countermeasures to deal with the prosecutor trial confession cases）Discussion on the countermeasures to deal with the prosecutor trial confession casesZhongshan prosecutors OnlineXiezhijiangAfter the 1996 revision of the criminal procedure law, criminal trial inves

2、tigation has turned from inquisitorial system to adversary trial trial, prosecutors bear the original by judges for interrogation, evidence the court investigation responsibility etc. This change has established the prosecution and defense against the trial judge, judge the pattern, to avoid the jud

3、ge First impressions are strongest and safeguard the defendant's legitimate rights and interests of judicial justice, has positive significance, but at the same time, also makes the prosecutor in the trial facing challenges and responsibilities greatly increased, especially in the defendant'

4、s confession in court the situation is even more so.The defendant retracted in court refers to the defendant in court overturned the prosecution in the investigation stage, the stage of review for confession and make new confession, confession of guilt is changed is not guilty or crime confessed to

5、the crime of light confession. The defendants retracted in court, whether the prosecutor in the trial of the interrogation, or identification of the court has brought great distress, especially in some of the evidence in the case of thin. Therefore, the reason of the defendant retracted in court and

6、 find out the corresponding countermeasures, the prosecutor accused of a crime, effectively expose and improve the quality of prosecution and the effect is particularly important.The reason, the defendant retracted in courtIn judicial practice, the defendant retracted in court mainly for the followi

7、ng reasons:(1) investigators have unlawful acts such as extorting confessions by torture in their investigationsIn the investigation stage, few investigators ignore national laws and occupation morals, by means of inducement, cheating and inquisition by torture to obtain a confession of the accused,

8、 which caused the defendant does not conform to the trial in court confession and the confession, and even contradictory. As such cases are relatively rare in judicial practice, and under such circumstances, the prosecution has the responsibility to further verify the relevant evidence after the cou

9、rt, to find out the truth. Based on the length relationship, the author does not intend to discuss this. This article is about the trial confession case, refers to the defendant for no reason to overthrow the original made in the legal case of confession.(two) the evidence of the case itself is flaw

10、edFor example: in the investigation stage, the defendant and witnesses to the facts of the case are repeated statement and proof, and these statements and proof often by different investigators for the production of transcripts, transcripts of content is very different. Some investigators because re

11、sponsibility is not strong, not on the front of the content of the whole system, record review, exclude or present defects in the back of the interrogation, leading to the confession of the accused inconsistencies, resulting in confession and proof of a case is inconsistent, even before the spear ba

12、cking, to the public prosecutor in court cause large passive. In addition, some investigators for the prosecution guiding investigation suggested that attention is not enough, as long as the one-sided confession of the accused can be finalized, resulting in some evidence to the prosecution stage due

13、 to the passage of time lost or difficult extraction, the defendant retracted in court, often because of the direct evidence of the case, can only rely on indirect evidence for the public prosecutor has formed great pressure.(three) the defendant is induced by othersSome of the suspects for question

14、ing the police officers at the first time after the incident, can truthfully confessed his crime, but was forced to take measures, but because of the induction to others, overturned the original statement. In practice, there are mainly the following situations:1, lawyer intervention. The lawyer'

15、s intervention in the investigation stage is an important system for the revision of the criminal procedure law in 1996. It plays an important role in safeguarding the legitimate rights and interests of criminal suspects. But in practice, the individual lawyers to help criminals escape punishment fo

16、r the purpose of ignoring the law and occupation moral, the suspects were induced or bright or dark in the name of the provision of legal services, the defendant had a confession to escape the idea of throw the helve after the hatchet.2, "cross infection" in the supervision place". Wi

17、th the increasing efforts of the judiciary to crack down on crimes, the number of prisoners in many places of supervision has been increasing sharply, especially in the Pearl River Delta and the Yangtze River Delta where the economy is more developed. Many criminals by the police detention center, i

18、t is difficult to implement effective supervision by regulators and other loopholes in the system, each method of Imparting Criminal experience and resists interrogation, causing some suspect identity harbor luck "frank, sit in the prison; resist from Yan, home to the new year", to overthr

19、ow the previous the confession, against trial.3, relatives and friends induced. To be used for residential surveillance, the defendant bail non custodial coercive measures, between it and the accomplice, and witnesses and their relatives and friends, have a lot of contact with the lawyers opportunit

20、y. In order to avoid legal punishment, some criminal suspects in the affected relatives and friends and help, do everything possible to drill a loophole in the law and investigation, in an attempt to change the case of qualitative confession.(four) the defendant's mentality of being luckyThe tri

21、al is the center part of the criminal litigation, but also an important part of the defendant behavior obtained legal evaluation, and effective criminal judgment not only means that the defendant may face freedom is deprived, and may even be deprived of life, then, some of the defendants had a fear

22、of legal consequences may face. To avoid legal punishment for luck, they decided to throw the helve after the hatchet overthrow the previous statement in court, desperate to deny.In two, the prosecutor to trial confession casesIn practice, the defendants retracted in the trial no reason: one is that

23、 several investigators used violent inquisition by torture, beatings and other means that he made a confession of guilt is not true; the two is their legal consciousness, in order to get out, let oneself how investigators say they have to say is three; the record is written by the investigators, he

24、still did not see Chu was forced to sign, according to the fingerprints. Wait。 But no matter what excuse, the core is nothing more than to think that the original confession was obtained by the investigating organ illegally. In the face of the defendant's unreasonable confession, the prosecutor

25、shall take effective measures to deal with:(1) emphasis on preparatory work before the Tribunal;Pretrial preparation is an important factor in the public prosecutor's reaction to the court debate. As the saying goes: know thyself, know yourself. Will do the preparatory work only in front of the

26、court, in a clear grasp support case evidence, give full consideration to the factors that may change the case of the psychological changes of the defendant and the defender may appear in the case of the trial, to predict the comprehensive and defended in the court that may be made to face the confe

27、ssion in court and in an invincible position.First of all, we should change the concept, change the practice of relying on the defendant's confession, establish a "zero confession" consciousness, and conduct a comprehensive review of the evidence. In the case of the defendant confessio

28、n, authenticity and other evidence, relevance and logical connection between evidence and evidence has become an important basis to determine whether the defendants retracted credible. If other evidence itself is not true, or only rely on other evidence to exclude the presence of other reasonable po

29、ssibilities, to the defendant's confession of falsification with it in court is obviously weak. Therefore, a comprehensive review of other evidence is an essential part of the preparation of the court. In the process of review of the evidence, should pay attention to find and gather other indire

30、ct evidence to prove the case, because these indirect evidence may obscure, can often play an unexpected effect in the course of the trial. Review and review of the evidence before the court, should be reached between evidence and evidence to confirm each other, mutual agreement, common to the defen

31、dant's criminal behavior, even without the confession of the accused is enough to convict the defendant sentenced to punishment.Secondly, before litigation, we should pay attention to the strategy and fully listen to the defendant's excuse. In the investigation stage,The defendant's conf

32、ession occasionally can continue to use in the investigation of the detection strategy to remedy, and the trial is the core part of the criminal litigation, if the defendant retracted in court, but not in the next stage of the proceedings to interrogate the defendant to obtain confession to the. The

33、refore, the prosecutor questioned the defendant in the pre litigation, should attach great importance to the defendant proposed all pleas of innocence and reason, even if it is obviously unreasonable excuse and reason to let him state completely, do not leave. Because this often helps the public pro

34、secutor to predict what the court may be faced with, and through the collection and fixation of relevant evidence, the remedy for the defects in the evidence is prepared. It should be stressed that the point is, when questioned, even irrefutable evidence should not be used, also dished out the evide

35、nce approach trying to subdue the defendant. Because the defendant is too early to understand the evidence of the prosecution, it will often make the prosecutor's trial passive. When interrogating the defendant, he should also pay attention to the details of the case and make a note of the defen

36、dant's details in the transcript, because the more detailed the description is, the closer it becomes to the fact, the less likely it will be to be tampered with. Especially in the crime, the perpetrators of the different description of details of the case often become a breakthrough in the defe

37、nse of the accused.Thirdly, the relevant evidence is fixed. According to the characteristics of the defendants retracted to investigators for illegal evidence, can be used to process the whole video recording of the interrogation, evidence of fixed. In the case of conditions permitting, the defendan

38、t may also be required to write his own confession or invite the defendant's lawyer to the scene to verify the legality of the interrogation by the lawyer.(two) flexible use of interrogation skillsThe defendant confession cases, prosecutors clever use of interrogation techniques, through the lay

39、ers of courtinterrogation reveal the facts of the crime, and through the next stage of the proof of the defendant's confession of falsification, can often play a good effect of public prosecution.In practice, the defendant confession to interrogate the general has the following methods, accordin

40、g to the different circumstances of the case flexibly:1, law at large the better to apprehend him. That is, the public prosecutor in courtinterrogation, does not reveal the true intentions of the interrogation of the defendant, to relax their vigilance and alert psychology, sophistry phenomenon is n

41、ot easy to appear, to create favorable conditions for interrogation. Such as: the defendant Chen's family robbed a case, because public security officers are not on the scene, but received the alarm, in its escape on the road to intercept it, and the scene and lack of witnesses. The trial, the d

42、efendant confession, said the public security personnel who seized a 3500 yuan of plastic bags and its purchase to uncle borrowed. The prosecutor was not surprised, and asked, "how is your relationship with your wife?"" The defendant was unable to find out what happened to the prosecu

43、tion at the moment. He relaxed his vigilance and replied: "the relationship is very good, and there has never been any contradiction."." The prosecutor continues to ask: "the big event in that family, you two people whether all have to discuss to solve?"" The defendant

44、replied, "yes."." Thus, the prosecutor produced the testimony of Chen's wife, confirmed his home and bought a house, Chen's home has never borrowed from his uncle. The public prosecutor to pressed under the Chen family had to confess.2, mutual falsification. That is against th

45、e defendant's defense, clever use of authentic and distinct evidence, take the corroboration of the confrontation, the defendant can not be defended, so as to achieve the purpose of uniform defendant confession. This method has very strong pertinence and convincing, for the crime, between the co

46、 defendant mutually making excuses, the master-slave relationship is unknown, responsibility is not obvious, confessed plot contradictions of cases, the effect is better. Questioning the defendant different, paying particular attention to the question of the details related to the case because, ask

47、the more detailed, the contradiction between the defendant confession of common crime is more, but also more conducive to the prosecutor's allegations.3, the sound of the East West. The interrogation is generally applicable to the criminal record of misdeeds recidivist, recidivist, or the defend

48、ant from that clever own crime means, not easy to be the public security organs cracked.Before questioning, the public prosecutor should prepare the interrogation outline in advance, and hide the problems that are intended to be exposed by interrogation to other issues. In the interrogation, should

49、pay attention to hidden in the language, using implicit language, vague language, pun, try not to expose the intention of interrogation, diversion. This kind of interrogation method makes the accused can not find out the intention of the public prosecutor, so as to make the true confession, which cr

50、eates the condition for the public prosecutor to break the defense line which the defendant resists finally. The public prosecutor has also played an active role in mastering the initiative of the whole court trial.4, the contradiction between them. In practice, although in many cases the defendant

51、retracted in court, but the vast majority of confession and defense are false, there is a considerable distance between the real situation and the case therefore, contradictions exist between the trial, confession and other evidence or testimony before and after. In the interrogation, the prosecutor

52、 should be good at discovering and using these contradictions in the defendant. Can not deny or contradict directly, but to focus on conflicts, continue to ask questions, to the defendant at every step, interlocking, finally in view of the contradiction in the confession of the accused, leads to an

53、absurd conclusion, so as to expose the defendant the effect of lies.(three) actively strive for trial initiative;The trial is changing, the prosecutor can not be mechanically prepared in accordance with the plan, but should actively change according to the trial, the trial master trends, and make st

54、rategic adjustment, positive initiative for the trial.First of all, when the defendant asks the defendant or asks a witness, he should be sensitive to the hidden intention behind these questions. Only in this way can we prepare ourselves for the subsequent court debate. In practice, most of the defe

55、nders in the court investigation to the defendant and witnesses and produce relevant evidence and not without purpose, but through careful analysis of the existing evidence in the case of problems, trying to through a series of activities to confirm their view of defense cushion. Therefore, the publ

56、ic prosecutor should carefully listen to the defendant's questions, and according to the changes in evidence, etc., accurately assess the defender's defense intentions, and predict their defense point of view. At the same time, the public prosecutor shall according to court investigation, co

57、urt will be expected to outline the respondent counsel to prepare the defense point of view and before the court were analyzed and compared, and then determine the content and angle of defense, quickly make defense preparations, the initiative of court debate.Secondly, we should adjust the proof out

58、line flexibly. Before the trial, the prosecutor should design the proof outline according to the circumstances of the case. The proof outline to pay attention to the systematic case reflects the logic of the development of the whole case, after the move, and then show the prediction of each evidence

59、, may make the defendant and his counsel cross examination opinion, Ming reply outline and proof outline. But the outline of proof is not mechanical, it should be adjusted according to the changes in the trial situation. For example: to think of crime means a defendant or witness the scene suspected

60、 of common theft, in the case of confession, the burden of proof in accordance with the "statement of the victim, and the confession of the accused, audio-visual materials, defense expert conclusion" sequence. But when the defendant retracted, you can first show the accomplice identified the criminal's confession, its attempt to break a d