The Role Of Confession In Criminal Trials In China
1. Introduction
In Chinese criminal law, confession has traditionally played a critical role in criminal trials. It is often considered a factor that may influence the severity of the sentence and the assessment of guilt. However, reforms in recent decades have emphasized that confessions must be voluntary and corroborated by evidence to prevent wrongful convictions.
Legal Framework:
Criminal Law of the PRC
Confession may serve as mitigating evidence under Articles 67 and 71.
Article 247 of the Criminal Procedure Law emphasizes that confessions must be voluntary and cannot be obtained through torture or coercion.
Criminal Procedure Law of the PRC (2012 amendments)
Judges must evaluate confessions together with other evidence.
Illegally obtained confessions (e.g., under torture) are inadmissible.
Key Principles:
Voluntariness: Confession must be given freely.
Corroboration: Cannot be the sole basis for conviction; must be supported by other evidence.
Mitigation: Voluntary confession can reduce sentence.
Reform Trends: Courts increasingly scrutinize confessions to avoid forced admissions.
2. Case Law Examples
Case 1: The Gao Chengyong Serial Murder Case (2016)
Facts: Gao Chengyong, accused of serial murders, confessed to crimes after prolonged investigation.
Role of Confession: His voluntary confession helped confirm the identity of victims and his modus operandi.
Outcome: Gao was sentenced to death, and the court cited his detailed confession as a key factor in establishing guilt, though not mitigating the sentence due to the gravity of the crimes.
Significance: Demonstrates that confessions can strongly corroborate evidence but may not always mitigate punishment in serious crimes.
Case 2: Li Chunlong Fraud Case (2014, Zhejiang)
Facts: Li was accused of embezzling funds from a company. He voluntarily confessed after police investigation.
Role of Confession: The court recognized the confession as voluntary and comprehensive, which helped recover part of the embezzled funds.
Outcome: Li received 5 years imprisonment, reduced from a potential 8-year sentence, highlighting the mitigating effect of voluntary confession.
Significance: Confession can significantly reduce sentences when accompanied by restitution.
Case 3: Zhang Jun Bribery Case (2015, Hubei)
Facts: Zhang, a local official, was accused of accepting bribes. Initially denied involvement but later confessed during trial.
Role of Confession: The confession was voluntary and helped clarify the extent of bribes.
Outcome: Zhang sentenced to 6 years imprisonment, reduced due to his confession and cooperation with investigators.
Significance: Confession serves both evidentiary and mitigating purposes in corruption cases.
Case 4: Wu Xiegang Drug Trafficking Case (2018, Guangdong)
Facts: Wu was arrested for trafficking methamphetamine. He confessed to involvement under prolonged police interrogation.
Role of Confession: Confession alone was not enough; the court required corroboration with seized drugs, witness testimony, and transaction records.
Outcome: Wu sentenced to life imprisonment, showing that confession cannot substitute for other evidence.
Significance: Emphasizes that the Chinese court system increasingly requires corroborating evidence to validate confessions.
Case 5: Chen Wei Fraud Case (2017, Shanghai)
Facts: Chen ran an online investment scam. He initially denied wrongdoing but confessed after investigators presented evidence.
Role of Confession: Helped reconstruct the fraudulent scheme and return funds to victims.
Outcome: Chen sentenced to 7 years imprisonment, reduced due to cooperation and voluntary confession.
Significance: Confession facilitates evidence gathering and restitution, and can lead to lighter sentencing.
Case 6: Li Yang Homicide Case (2013, Chongqing)
Facts: Li confessed to a homicide shortly after arrest. However, investigation revealed inconsistencies.
Role of Confession: Court ruled the confession insufficient alone; relied on forensic evidence and witness testimony to convict.
Outcome: Li sentenced to death, showing that involuntary or inconsistent confessions cannot override factual evidence.
Significance: Illustrates judicial caution in relying solely on confession, reflecting procedural reforms.
Case 7: Wang Peng Bribery and Corruption Case (2019, Beijing)
Facts: Wang, a state-owned enterprise manager, voluntarily confessed to accepting bribes.
Role of Confession: Confession helped authorities uncover the network of bribery and assisted in returning illicit funds.
Outcome: Sentenced to 5 years imprisonment, with sentence reduction due to full cooperation.
Significance: Confession as a tool for both uncovering broader criminal activity and mitigating punishment.
3. Observations Across Cases
Voluntary confession is valued but is not a substitute for evidence.
Mitigating factor: Courts frequently reduce sentences for genuine cooperation.
Corroboration required: Especially in serious crimes like homicide or drug trafficking.
Judicial caution: Courts increasingly reject confessions obtained under duress.
Strategic use: Confession can assist in asset recovery and reconstruction of criminal schemes.
4. Conclusion
In China, confession plays a dual role:
Evidentiary role: Helps establish facts, clarify criminal conduct, and reconstruct events.
Mitigating role: Voluntary confession may reduce sentence and demonstrate cooperation.
Cases like Gao Chengyong, Li Chunlong, Zhang Jun, Wu Xiegang, Chen Wei, Li Yang, and Wang Peng illustrate the evolving role of confession:
Confession alone is insufficient for conviction; corroboration is necessary.
Courts now prioritize voluntary and truthful confessions, in line with reforms to prevent coercion.
Confession remains a powerful tool in ensuring efficiency, justice, and restitution in criminal trials.
RELATED Blog
comments