[Direct answer]In the Beijing area, clues or materials can be provided to prove it through the procedure of excluding illegal evidence. According to Article 56 of the Criminal Procedure Law of the People's Republic of China, the confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture, and the witness statements and victim statements collected by illegal methods such as violence and threats, shall be excluded. Article 58 stipulates that the parties and their attorneys and litigation agents have the right to apply to the people's court to exclude evidence collected by illegal methods, but they shall provide relevant clues or materials when applying. Therefore, the key to proving extorting confessions by torture lies in filing an application for exclusion and supporting it with clues and materials such as physical examination records, audio and video recordings, and evidence of injuries.

I. Problem Background and Typical Scenarios

After being subject to coercive measures, if the defendant is subjected to torture during interrogation and their confession may be untrue, it is often difficult to prove this fact due to "lack of direct evidence", "the passage of time", and "healed physical injuries". To address this, the law has established rules for the exclusion of illegal evidence: the defendant or defense attorney may apply to exclude evidence collected by illegal methods, but they need to provide clues or materials. What materials can be effective, at what stage they should be submitted, and who should bear the burden of proof directly affect whether the claim can be accepted. Understanding the evidence-gathering and application process is an important step in safeguarding legal rights.

II. Key points of contention

The controversy focuses on four aspects: first, the subject and timing of the application for the exclusion of illegal evidence; second, the specific content and degree of proof of clues or materials; third, the retrieval of evidence such as audio and video recordings of interrogations and medical examination records upon admission; fourth, the investigation and verification by the procuratorial organ and the allocation of the burden of proof in the courtroom. In practice, it is usually the parties who first provide clues, and then the public prosecution organ proves the legality of evidence collection.

III. Professional analysis by Henglue Lawyers

The first layer concerns the subject of the application and the method of filing it. The parties involved, their defense attorneys, and litigation agents have the right to apply to the people's court for the exclusion of evidence collected by illegal methods. The application should generally be submitted before the trial, and clues discovered during the trial can also be raised during the proceedings. When applying, the applicant should specify the object and reasons for exclusion. The second layer involves the provision of clues and materials. To apply for the exclusion of illegal evidence, relevant clues or materials should be provided, such as the location and time of the injury, the interrogators and their locations, medical examination and treatment records, and the situation of inmates in the same cell. The clues do not need to reach the level of full proof, but should be sufficient to raise reasonable doubts about the legality of the evidence collection. The third layer concerns the retrieval of audio/video recordings and medical examination records. For cases involving possible life imprisonment or the death penalty, or other major criminal cases, the interrogation process should be audio/video recorded in its entirety. The parties involved may request to retrieve the synchronized audio/video recordings and verify whether the interrogation time, location, and content are consistent with the confession. The inmate medical examination records, injury appraisals, and medical treatment records are important materials to prove physical harm. The fourth layer involves investigation, verification, and burden of proof. The people's procuratorate shall investigate and verify the clues of illegal evidence collection upon receiving complaints, reports, or discovering such clues. Where there are indeed illegal evidence collection circumstances, the procuratorate shall put forward correction opinions and, where constituting a crime, pursue criminal responsibility in accordance with the law. During the court investigation, the people's procuratorate shall prove the legality of evidence collection. Where the evidence cannot be proven or the existing materials cannot prove it, the relevant evidence shall be excluded. The fifth layer provides practical suggestions. The parties involved should inform their defense attorneys as soon as possible, fix physical injuries and medical treatment records, and retain the contact information of inmates in the same cell. The defense attorneys should, based on the case circumstances, apply to retrieve audio/video recordings and medical examination materials, submit written applications for exclusion, and prepare cross-examination opinions. When handling criminal cases, our firm typically organizes opinions around the time, location, personnel, and injury materials of evidence collection, applies for the exclusion of illegal evidence in accordance with the law, and safeguards the parties' right to defense and legitimate rights and interests.

IV. Practical suggestions and legal basis

The first step is to promptly report the situation to the defense attorney and document the physical injuries, medical records, and photos of the injuries. The second step is to apply for obtaining the audio and video recordings of the interrogation and the medical examination records upon admission to the detention facility, in order to verify whether the statements are true and voluntary. The third step is to submit a written application for the exclusion of illegal evidence within the statutory time limit, and attach relevant clues or materials. The fourth step is to file a complaint or report to the procuratorial organ during the review and prosecution stage, and request an investigation and verification. During the trial, the public prosecution organ shall bear the burden of proof regarding the legality of the evidence collection. Main legal basis: Article 56 of the Criminal Procedure Law of the People's Republic of China (Scope of Exclusion of Illegal Evidence), Article 57 (Investigation and Verification by the Procuratorial Organ), Article 58 (Application for Exclusion and Provision of Clues and Materials), Articles 59 and 60 (Proof and Exclusion of the Legality of Evidence Collection), Article 123 (Audio and Video Recordings of Interrogations); relevant provisions shall be subject to the currently effective version, and the specific application shall be in accordance with the currently effective regulations.

5. Henglu Law Firm's Reminder

There are three key points to prove the use of torture to extract confessions: first, follow the procedures for excluding illegal evidence and provide clues or materials when applying for such procedures; second, fix the injury situation and medical records as soon as possible and apply for retrieving the interrogation audio and video recordings and physical examination materials; third, in the courtroom, the public prosecution organ should prove the legality of the evidence collection, and the defense attorney should focus on key aspects such as time, location, and personnel. Those involved in criminal defense can obtain relevant information through the following channels:Criminal defenseWe can provide a comprehensive solution for your service, which includes assisting you in handling complex criminal disputesSpecial servicesFor plates involving personal injury and injury determination, you can refer to the following for reference.Personal injury and medical disputesFor columns involving administrative and regulatory disputes, you can seek advice from usLand expropriation and demolition, and administrative litigationTeam.

VI. Frequently Asked Questions

Q1: How to prove that you were subjected to torture and coercive interrogation?

Through the exclusion of illegal evidence, provide clues or materials such as the injured part, the interrogators and the places where the interrogation took place, the medical records of the physical examination, and the inmates in the same cell, and apply for retrieving the synchronous audio and video recordings of the interrogation and the records of the physical examination upon admission to the detention center.

Q2: What evidence do I need to prepare to apply for exclusion?

Photos of the injuries, medical records, admission physical examination records and injury appraisals, interrogation transcripts and synchronized audio and video recordings, testimonies from inmates in the same cell, and other clues that can prove that the evidence collection was unlawful.

Q3: Are the attorney fees for this type of case high?

The fees vary depending on the stage of the case and its complexity. Clients can negotiate with lawyers to pay in stages, and the specific terms shall be subject to the provisions of the contract. It is not advisable to judge the value of a case based on the amount of fees.

Q4: How long will it take to process it?

The exclusion of illegal evidence is usually handled during pre-trial conferences or court investigations, and the specific duration depends on the trial period and the progress of evidence collection, subject to the arrangements of the case-handling authorities.

Q5: Can you still make a claim even without any injuries?

Yes. Coercive interrogation is not limited to leaving obvious marks of torture, and other illegal methods can also be claimed; even if there are no marks of torture, an exclusion application can be filed based on clues such as abnormal interrogation times, missing or conflicting audio and video recordings, etc.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit.Specialised services - Legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.