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To retract a confession altogether means to retract all confessions.
Retracting a confession, as the name implies, is a general term for the conduct of a criminal suspect or defendant to overturn or change a confession originally made. It includes two forms: denial retraction and justification retraction, with the former referring to a criminal suspect or defendant reversing the facts of a crime in whole or in part of the original confession; The latter refers to the fact that although the criminal suspect or defendant does not deny the facts, he puts forward some new justifications that are sufficient to affect the establishment of the crime, and these justifications have in fact led to a change in the original confession.
In nature, retracting a confession is the self-denial of a criminal suspect or defendant's original confession of guilt. In layman's terms, it is to overturn the original confession.
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To retract a confession in its entirety means to retract all of what you have previously stated.
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It is to deny all the facts that have been stated before and make another statement.
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That is to say, to overturn all the things that were admitted before, that is, to completely ignore what was said before. If such a thing happens during the course of the case. Basically, the suspect denies that he committed the crime and claims that he was wronged.
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It means to confess your secrets without missing a beat.
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Meaning: a complete repudiation of all previous confessions.
This term is generally used a lot in law and involves law-related industries.
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refers to criminal facts in which the criminal suspect or defendant completely retracts the original confession.
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The previous retraction of the confession is a denial of the meaning of the previous statement, and the current statement is completely different from the previous statement, and there are earth-shaking changes.
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It's just completely different from what I said before.
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It's to tell you all the secrets you know.
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翻供 [ fān gòng ].
Criminal suspects or defendants in criminal proceedings retract their original confessions, resulting in contradictory confessions.
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Retracting confessions refers to the general term for criminal suspects or defendants to overturn or change their original confessions. It includes two forms: denial of retraction and defense retraction.
The former refers to the fact that the criminal suspect or defendant has completely or partially retracted the original confession; The latter refers to the fact that although the criminal suspect and the defendant do not deny the facts, they have put forward some new defenses, which are enough to affect the establishment of the crime. These defenses actually led to a change in the original. Essentially, a retraction is the self-denial of a criminal suspect and a defendant about their original confession of guilt.
In criminal proceedings, if the defendant retracts his confession in court, it will lead to the following two outcomes:1. It is no longer found to be the reason for voluntary surrender, confession, or other statutory mitigating punishments.
2. If some of the defendants plead not guilty in the joint crime, the trial procedure will be changed from a simple procedure to an ordinary procedure. If the court finds that the defendant is suspected of collusion, the court may decide to arrest the defendant who is on bail pending further investigation and change the coercive measures. If the defendant retracts his confession in court, it may not affect the outcome of the trial, and the defendant suddenly loses his confession during the investigation, and if the defendant does not have a good confession during the investigation, the court will lose it in the course of the investigation.
If the defendant makes an unfavorable confession during the investigation and the defendant is unfavorable during the investigation, the court is unfavorable during the investigation, and if the defendant is unfavorable during the investigation, the unfavorable confession during the investigation will only be lost by the defendant during the investigation. Article 34 of the Criminal Procedure Law: Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organ or on which compulsory measures are taken; During the investigation, the lawyer can only be appointed as the defender. The defendant has the right to appoint a defender at any time.
When the investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that they have the right to retain a defender. Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender. Within 3 days of accepting the case of a lack of mountains, the people's court shall inform the defendant that he or she has the right to retain a defender.
Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request. Where criminal suspects or defendants are in custody, their guardians or close relatives may also retain a defender on their behalf. After the defender accepts the retention of the criminal suspect or defendant, they shall promptly notify the case-handling organ.
Article 305 of the Criminal Law of the People's Republic of China: In criminal proceedings, witnesses, evaluators, recorders, or translators intentionally make false testimony, evaluations, records, or translations of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, shall be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment.
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Legal Analysis: Retracting a confession, as the name suggests, is a general term for the act of a criminal suspect or defendant overturning or changing the confession made by the original Fu Xiangsheng. It includes two forms: denial retraction and justification retraction, and in nature, retraction is the self-denial of a criminal suspect or defendant's original confession of guilt.
Legal basis: "The Criminal Law of the People's Republic of China" Article 305: In criminal proceedings, witnesses, evaluators, recorders, or translators intentionally make false testimony, evaluation, recording, or translation of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, are to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment.
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Legal Analysis: Criminal suspects or defendants in criminal proceedings retract their original confessions, resulting in contradictory confessions.
Legal basis: Article 55 of the Criminal Procedure Law of the People's Republic of China: In all cases, emphasis should be placed on evidence, investigation and research, 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.
The evidence is credible and sufficient, and the following conditions should be met:
1) The facts of the 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.
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