Does the first confession made at the police station have legal effect Can I retract my confession?

<> make the first confession recorded at the police station, if the recorded confession is true, the confession cannot be retracted, interfering with and influencing the handling of the case is not a child's play, and there will be legal consequences.

If there is something unclear in the first confession, or if there is something wrong in the statement, you can make a different statement when you record the confession later. However, the retraction of confessions refers to deliberately making a different confession, which is not allowed by the Criminal Procedure Law, and is also detrimental to the positive determination of the crime and the accurate sentencing.

The person being questioned (the person being investigated or the party) must truthfully state the nature of the facts and the actual occurrence and development process, reflecting the true nature of the objective facts, otherwise they will be suspected of the legal consequences of violating the evidence. If, during the course of questioning, there is an act of inducing or extorting a confession, or due to the influence of other external factors, the confession is not the truth or has serious flaws, which will hinder or affect the legal effect of "taking the facts as the basis and the law as the criterion" in the handling of the case, an application may be made to record a new confession.

You can retract your confession! The court can retract the confession in court!

Legal analysis: Confessions recorded at the Public Security Bureau cannot be modified, and even confessions that are overturned in accordance with the law must be archived for inquiry. If the parties make a mistake when recording the confession, they can make a supplementary record to the **.

If a record has been made that infringes upon the rights and interests of the parties, it may be overturned in accordance with law, but it is not allowed to be recognized by the judicial organs. For administrative punishment decisions made by public security organs, they may apply for reconsideration of the illegality of the confession. In the case of a public prosecution, it may be raised at the time of the trial in the court.

Legal basis: "Provisions on Procedures for the Handling of Administrative Cases by Public Security Organs" Article 77: The record of questioning shall be given to the person being questioned for verification, and shall be read out to those who do not have the ability to read. Where there are errors or omissions in the record, the person being questioned shall be allowed to correct or supplement it, and they shall be required to leave a fingerprint at the place where it is amended.

After the person being questioned confirms that the record is correct, they shall sign or leave a fingerprint on each page of the record of questioning. Where they refuse to sign or leave fingerprints, the people's police handling the case shall note this in the interrogation record. The people's police handling the case shall posture and sign the interrogation record, and the translator shall sign at the end of the interrogation record.

When questioning, the entire process may be recorded or videotaped, and the integrity of the audio and video recordings shall be maintained.

Legal analysis: If the first confession is unclear or incorrect, you can make a different confession when recording the confession later. However, the retraction of the confession you mentioned refers to the fact that the companion made a different confession with pure intent, and such an act is not allowed by the Criminal Procedure Law, and it is also detrimental to the correct determination of the crime and the accurate sentencing.

The person being questioned (the person being investigated or the party) must truthfully state the facts according to the nature of the facts and the actual process of occurrence and development, reflecting the true nature of the objective facts, otherwise they will be suspected of the legal consequences of violating the evidence. If, during the course of questioning, there is an act of inducing or coercing a confession, or due to the influence of other external factors, the confession is not the truth or there are serious flaws, which will hinder or affect the legal effect of "taking the facts as the basis and the law as the criterion" in the handling of the case, you may apply for a new confession to be recorded. If the recorded confession is true, it cannot be reversed, and interfering with and influencing the handling of the case is not a joke, and there will be legal consequences.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 125: Investigators may conduct questioning of witnesses at the scene, or at the witness's unit, residence, or location where the witness submits, and when necessary, may notify the witness to come to the people's procuratorate or public security organ to provide testimony. When questioning witnesses at the scene, they shall present their work identification, and when they go to the witness's unit, residence, or location proposed by the witness to question the witness, they shall present the supporting documents of the people's procuratorate or public security organ.

If the confession is not the truth or the confession was coerced by torture, the confession can be retracted. If the transcript is seriously inconsistent with the facts, the lawyer can play a role, but care should be taken to gather evidence.

1. If the signed confession has indeed made a false confession, the truth of the case can be explained truthfully when you are brought to trial again, and the reasons for your previous false statement can be retracted.

2. If there is something unclear in the first confession, or if there is a mistake, you can make a different confession when you record the confession later.

3. If the confession is true, there is no need to retract the confession, otherwise you will have to bear the legal consequences that are unfavorable to you.

4. The confession of a criminal suspect plays a vital role in the handling of a criminal case, and cannot be retracted at will.

Therefore, when interrogating a criminal suspect, the public security organ shall make a record of the interrogation. The interrogation record shall be given to the criminal suspect for verification, and shall be read to those who do not have the ability to read. If there are omissions or errors in the record, the criminal suspect may submit a supplement or correction.

Legal basis

Criminal Procedure Law of the People's Republic of China

Article 53.

In sentencing all cases, emphasis should be placed on evidence, investigation and study, and confessions should not be easily believed. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and punished; Where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment.

Article 55.

In all cases, it is necessary to emphasize evidence, investigation and research, and not to believe confessions. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and given a severe punishment; Where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment.

The evidence is credible and sufficient, and shall meet the following requirements:

1) The facts of conviction and sentencing are all supported by evidence;

2) The evidence on which the verdict is based has been verified to be true through legally-prescribed procedures;

3) Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained.