摘要
刑讯逼供罪是发生在刑事司法过程中 ,由刑事司法工作人员实施的对犯罪嫌疑人或被告人不受强迫自证其罪之权利的侵害。在刑事法学的语境中 ,司法工作人员、犯罪嫌疑人等概念应当统一。立法上应完善刑讯逼供罪的刑罚体系 ,提高刑讯逼供罪的法定刑 ,以增强立法的威慑效果 ,对刑讯逼供中致人重伤或死亡的不应以转化犯的形式论处 ,而应以结果加重犯论处。
Extorting a confession by torture happens in the process of criminal judicature so that the rights of the suspect and the accused to prove their own crimes under no pressure have been deprived by the staff members of criminal judicature. In the context of criminology, the concepts of staff members of criminal judicature and the suspect should be understood on the same level. In the legislation, the punishing system of the crime of extorting a confession by torture should be perfected. The measurement of penalty of such crime should be strengthened, which can enhance the legislation's deterrent effect. As for those who make the suspect seriously injured or dead should be punished seriously.
