司法人员应对被告人翻供之态度、方法探析

An Analysis of the Attitudes and Methods of Judicial Officers’ Response to the Defendant’s Retraction

翻供是犯罪嫌疑人、被告人行使辩护权的一种方式,对澄清案件事实、防范冤假错案起着重要的积极作用。然而,实证考察发现,司法工作人员对待被告人翻供总体呈现出排斥的态度。具体而言,公安侦查员对待嫌疑人的翻供往往一分为二,在案件侦破前会认真对待嫌疑人翻供,避免冤枉无辜;在案件侦破后,对翻供采取厌烦态度,常认为嫌疑人是在抵赖狡辩。批捕检察官对公安侦查案件的嫌疑人翻供,是在维护实体真实的前提下,体现了较为浓厚的监督制约思想;而对自侦案件,既有监督成分,又强调配合成分。公诉人在审查起诉阶段,能够较为认真、细致地倾听嫌疑人翻供的理由,对翻供是否合理作出内心确信的判断;而到了庭审阶段,也会受到指控犯罪、执行集体决定以及目标考评等方面的影响,对被告人翻供表现出较为排斥的态度。审判法官,在程序上能够对翻供者保持中立,并不一味地排斥翻供;但在实体处理上,则具有明显的倾向性,很少采纳被告人的翻供理由。司法工作人员总体排斥翻供的态度,不利于保障人权和避免冤错案,应引起足够重视和警醒。

The confession withdrawal is a way for criminal suspects and defendants to exercise their right of defense,It plays an important and positive role in clarifying the facts of the case and preventing false and wrong cases,However,the empirical investigation found that the judicial staff generally showed an exclusion attitude towards the confession withdrawal of the accused,Specifically,the public security investigators often divide the confession withdrawal of suspects into two,Before the case is detected,the confession withdrawal of suspects will be seriously treated to avoid treating them unjustly;after the case is detected,they are tired of the confession withdrawal and think this is the denial of rhetoric,The prosecutors of arrest approval reflects the strong supervision and restriction thoughts under the premise of safeguarding the reality of the entity for the confession withdrawal of suspects that public security organs investigates;while for self-investigation cases,there are both supervisory components and emphasize cooperation,During the period of review and prosecution,the public prosecutor can listen carefully and meticulously to the reasons for the suspect’s confession,and make a judgment of whether the confession is reasonable and convinced;and at the trial stage,influenced by alleged crimes,executive collective decisions and target evaluation,they will show a more exclusive attitude towards the defendant’s confession,The trial judge can be procedurally neutral to the confessor and does not blindly reject the confession,However,in the actual processing,there is a clear tendency of seldom adopting the accused’s reason for retracting,The attitudes judicial staff generally show to the confession withdrawal is not conducive to safeguard human rights and avoid wrongful cases,It should be given enough attention and vigilance.