不得强迫任何人证实自己有罪原则探讨

On No One May be Forced to Incriminate Himself

我国刑事诉讼中的不得强迫任何人证实自己有罪原则是指警察、检察官和法官在讯问犯罪嫌疑人、被告人时不得采取刑讯逼供和以威胁、引诱、欺骗或者其他非法方法获取口供。在法律确立不得强迫任何人证实自己有罪原则的条件下,如实陈述应为犯罪嫌疑人、被告人的道德义务。新刑事诉讼法确立不得强迫任何人证实自己有罪原则有利于遏制刑讯逼供等违法行为,但其保障制度存在缺陷,需要进一步完善。

No One may be Forced to Incriminate himself in the new Criminal Procedure Law of China means that the police, the public procurator and the judge cannot torture or threaten or lure or cheat the criminal suspects or the accused to get confessions. Under the principle of No One may be Forced to Incriminate himself, the duty of telling truth of the suspects and the accused ought to be defined as a duty of moral. No One may be Forced to Incriminate himself in the Criminal Procedure Law of China helps to reduce torture and other illegal activities in interrogating by police, but the systems that help to realize No One may be Forced to Incriminate himself has some limitations which requires to be consummated.