Two The Third And Third Departments Issued Two Evidential Provisions To Curb Torture.

Two, the third part of the senior two. evidence Prescribed containment Extorting confessions by torture

In May 30th, the Supreme People's court and Supreme Court People's Procuratorate The Ministry of public security, the Ministry of state security and the Ministry of Justice jointly issued the provisions on Several Issues concerning the examination and judgement of capital punishment cases and the provisions on Several Issues concerning the elimination of illegal evidence in criminal cases. The two provisions of evidence have been put into effect since July 1, 2010. The provisions on Several Issues concerning the examination and judgement of capital punishment cases stipulate the basic principles of evidence in criminal proceedings, refine the standard of proof in death penalty cases, and have some specific provisions for reviewing various cases and collecting, examining and judging evidence in criminal cases. According to its second provision, "the facts of a case must be based on evidence". For the first time, the principle of evidence adjudication was established in the plaintext. This is the deepening of the principle of "taking facts as the basis and taking the law as the criterion". The provisions on Several Issues concerning the elimination of illegal evidence in criminal cases not only emphasize the use of verbal evidence obtained by illegal means such as extorting confessions by torture, but also do not serve as the basis for finalizing cases, and further regulate the procedures for the examination and removal of illegal evidence, the burden of proof, and the appearance of interrogators.

Comment:

The "two evidential provisions" have perfected the legal system from the relief and sanction of the procedure, and also improved the legislative framework of our criminal procedure law. It has important practical significance for collecting, examining and judging evidence in a comprehensive, objective way, accurately identifying the facts of the case, curbing extortion of confessions by torture, and preventing the occurrence of misjudged cases. As scholars have said, the "two evidence rules" have completed the long historical process of "extorting confessions by torture" and "rule of illegal evidence exclusion" in the history of criminal procedure in China. It has become an important milestone mark in the history of criminal prosecution in China.