强迫——屈从型虚假供述的检察监督防范

The Prosecutorial Supervision of Coerced——Compliant False Confessions

强迫——屈从型虚假供述是警察审讯室中出现得较多的虚假供述类型,也是造成冤假错案的罪魁祸首。其产生与犯罪嫌疑人的服从、受暗示性和本能的生存需求紧密相关,但更多的是警察的强迫审讯策略所致。通过检察环节的收紧批准、决定逮捕防线、加强讯问监督和提高证据通过审查后的质量,可以有效防止审讯过程中的非法取证行为,减少审讯室中强迫——屈从型虚假供述。

Coerced-compliant false confession, as one type of false confessions, which often happens in the police interrogation procedure, and is also the main cause producing the wrong criminal cases. Coerced-compliant false confession has something to do with the compliance, suggestibility and the survival instincts demand of the criminal suspect. But the most important reason of coerced-compliant false confession is that the instrumental rationality has overwhelming exceeded the value rationality in police and the criminal suspects have to make the incrimination confessions so as to escape from the police pressure. On this occasion, in order to get the suspects’ confessions, the police trend to ill-treat the suspects during the interrogation, including the physical cruelty and mental torment. There are three valid measures to reduce the coerced-compliant false confession during the prosecutorial supervision, including enhancing the requirements on approval of arrest, strengthening the supervision of interrogation and improving the quality of the confessions.