Culture & Society
How to avoid inducing confessions when Fumiko returns to China to be talked to by Uncle Hat?
Ex post remedy: If a confession has been induced, immediately retract the confession and state the facts of the inducement. The court may find it unlawful.
How to avoid inducing confessions when Fumiko returns to China to be talked to by Uncle Hat? 1. Immediate exercise of the right to silence
In China, Article 50 of the Criminal Procedure Law stipulates that no one shall use torture to extort confessions from anyone or use illegal methods such as threats, inducements, deception to perjure others.You have the right to remain silent without having to answer any questions.
Once questioned or detained, immediately state explicitly: βI will not make any confessions, I will exercise my right to silence.β
Don't explain why, and don't say another word.Silence is the best protection against inducement.
Remember: any statement must be voluntary or void
2. Request the presence of a lawyer
Legal basis: Article 39 of the Criminal Procedure Law stipulates that a detained or arrested criminal suspect has the right to meet with a lawyer.When the lawyer is present, the interrogation must stop until the lawyer is present.
First time request: "I want to see a lawyer."Provide access to a lawyer, or ask for a publicly available lawyer (free of charge at the Legal Aid Center).
Lawyers can be present to supervise the interrogation process and prevent induction, tampering with recordings or fatigue interrogations.
3. Refuse any informal contact
Beware: inducements often occur in "informal chats" such as "casual chats" "give you a chance
Meetings
Respond only in formal interrogation rooms, audio and video recording environments.Refuse private conversations, phone inquiries, or βtea drinking.β
4. Identify and resist common ways to lure confessions
Psychological induction: such as "honest and lenient", "others have recruited", "strict if you don't say it".Response: These are false promises and have no legal effect (
Fatigue Bombardment: Prolonged interrogation without rest.Ask for a break, eat, and record the time.
False evidence: Fake photos or testimony.Response: "I don't believe it, I only say it to lawyers."
Committed commutation: such as "guilty pleas can be suspended".Practical leniency requires a court judgment, not credulity.
Take a deep breath before each interrogation to remind yourself that βall confessions may be used as evidence.βIf stressed, say, βI need a break/see a lawyer.β
Ex post remedy: If a confession has been induced, immediately retract the confession and state the facts of the inducement.The court may find it unlawful.
In China, Article 50 of the Criminal Procedure Law stipulates that no one shall use torture to extort confessions from anyone or use illegal methods such as threats, inducements, deception to perjure others.You have the right to remain silent without having to answer any questions.
Once questioned or detained, immediately state explicitly: βI will not make any confessions, I will exercise my right to silence.β
Don't explain why, and don't say another word.Silence is the best protection against inducement.
Remember: any statement must be voluntary or void
2. Request the presence of a lawyer
Legal basis: Article 39 of the Criminal Procedure Law stipulates that a detained or arrested criminal suspect has the right to meet with a lawyer.When the lawyer is present, the interrogation must stop until the lawyer is present.
First time request: "I want to see a lawyer."Provide access to a lawyer, or ask for a publicly available lawyer (free of charge at the Legal Aid Center).
Lawyers can be present to supervise the interrogation process and prevent induction, tampering with recordings or fatigue interrogations.
3. Refuse any informal contact
Beware: inducements often occur in "informal chats" such as "casual chats" "give you a chance
Meetings
Respond only in formal interrogation rooms, audio and video recording environments.Refuse private conversations, phone inquiries, or βtea drinking.β
4. Identify and resist common ways to lure confessions
Psychological induction: such as "honest and lenient", "others have recruited", "strict if you don't say it".Response: These are false promises and have no legal effect (
Fatigue Bombardment: Prolonged interrogation without rest.Ask for a break, eat, and record the time.
False evidence: Fake photos or testimony.Response: "I don't believe it, I only say it to lawyers."
Committed commutation: such as "guilty pleas can be suspended".Practical leniency requires a court judgment, not credulity.
Take a deep breath before each interrogation to remind yourself that βall confessions may be used as evidence.βIf stressed, say, βI need a break/see a lawyer.β
Ex post remedy: If a confession has been induced, immediately retract the confession and state the facts of the inducement.The court may find it unlawful.