[Direct answer]It is invalid and should be excluded. Article 56 of the Criminal Procedure Law of the People's Republic of China clearly stipulates that the confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture shall be excluded and shall not be used as the basis for sentencing. At the same time, if judicial personnel extort confessions by torture from criminal suspects and defendants, they may constitute the crime of extorting confessions by torture as stipulated in Article 247 of the Criminal Law of the People's Republic of China and shall bear criminal responsibility. In addition, illegal evidence collection may also lead to disciplinary and administrative responsibilities for the relevant case handlers. The parties and their attorneys may apply for the exclusion of such evidence and provide clues such as injury situations and physical examination records.

I. Problem Background and Typical Scenarios

The parties involved or their families reported that they were beaten during interrogation, denied rest for long periods of time, and were threatened and coaxed into making incriminating statements against their will. Once such statements enter the evidence system, they often have a significant impact on the outcome of the case. Torture to extract confessions not only renders the evidence invalid, but also seriously undermines judicial fairness. The law has established clear exclusion rules and accountability mechanisms for this. The consequences not only affect the validity of the evidence, but also relate to the responsibilities of case handlers and compensation for damages to the parties involved.

II. Key points of contention

First, what kind of evidence-gathering activities constitute torture to extract confessions. Second, whether the confessions made under duress should be excluded without exception. Third, how to handle repetitive confessions. Fourth, how to prove the existence of torture to extract confessions. Fifth, the legal responsibilities of case handlers.

III. Professional analysis by Henglue Law Firm

Henglue Lawyer analyzed it from both the perspective of rules and practice. Firstly, the identification standard: coercive interrogation usually refers to methods such as beating, binding, illegal use of restraints, prolonged exposure to cold, hunger, or sun exposure, and fatigue interrogation to force people to make confessions under severe physical or mental pain; disguised corporal punishment is also included in the review scope. Secondly, the exclusion of consequences: confessions collected by such methods should be excluded and cannot be used as the basis for sentencing; on this basis, repetitive confessions, if they cannot prove that there is no causal relationship between the subsequent confessions and coercive interrogation, should generally be excluded as well. Thirdly, the issue of proof: the procuratorial organ bears the burden of proof for the legality of evidence collection and should present interrogation audio and video recordings, admission physical examination records, and interrogation registration records. If the audio and video recordings are incomplete or missing, or the physical examination records show injuries, the possibility of exclusion significantly increases. Fourthly, fixing clues: defense attorneys should timely meet with the client, record the injuries and the process, apply for retrieving audio and video recordings and detention materials, and apply for injury appraisal when necessary. Fifthly, accountability: those who commit coercive interrogation should be held criminally liable, and those who do not commit crimes can be subject to disciplinary punishment; the client can claim compensation for personal injury, and relevant clues should also be reported to the procuratorial organ. 恒略律师从规则与实务两方面进行分析。首先，认定标准：刑讯逼供通常指以殴打、捆绑、违法使用械具、长时间冻饿晒烤、疲劳审讯等使人在肉体或精神上遭受剧烈疼痛或痛苦的方法逼取供述；变相肉刑同样被纳入审查范围。其次，排除后果：以此类方法收集的供述应当排除，不得作为定案根据；在此基础上形成的重复性供述，若不能证明后续供述与刑讯逼供无因果关系，一般也应一并排除。第三，证明问题：检察机关对取证合法性承担证明责任，应出示讯问录音录像、入所体检记录、提讯登记等；若录音录像不完整、缺失，或体检记录显示伤情，排除的可能性显著提高。第四，线索固定：辩护人应及时会见、记录伤情与经过，申请调取录音录像与羁押材料，必要时申请伤情鉴定。第五，责任追究：构成犯罪的，应当追究刑事责任；不构成犯罪的，可以给予纪律处分；当事人可以就人身损害主张赔偿，相关线索也应向检察机关反映。

IV. Practical suggestions and legal basis

Action suggestions: First, immediately entrust a lawyer to meet with the suspect and fix the clues; Second, keep the evidence of the physical examination, medical treatment, and injury situation; Third, submit a written exclusion application and apply for retrieving audio and video recordings; Fourth, claim the exclusion of repetitive statements; Fifth, pursue the responsibility for illegal evidence collection through means such as complaints and appeals. It is worth noting that even if the defendant has admitted guilt before the trial, as long as it can be proven that the statement was obtained through illegal evidence collection, the defendant can still claim the exclusion of the statement. The voluntariness of the pre-trial statement is also a key point of review. For cases involving criminal defense and the exclusion of illegal evidence, you can refer to the relevant provisions of the Criminal Procedure Law and judicial interpretations.Criminal defense and criminal case filingFor cases involving personal injury, you can refer to the following provisions:Personal injury and medical disputesLegal basis: Articles 56 to 60 of the Criminal Procedure Law of the People's Republic of China (currently in effect), Article 247 of the Criminal Law of the People's Republic of China (the crime of extorting confessions by torture), and the relevant provisions of the Interpretation of the Criminal Procedure Law issued by the Supreme People's Court. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the confessions obtained through torture should be excluded and cannot be used as the basis for sentencing. Secondly, repetitive confessions may also be excluded, and the defense should be raised simultaneously. Thirdly, the burden of proof for the legality of evidence collection lies with the procuratorial organ. Fourthly, it is crucial to secure clues in a timely manner, as delaying may lead to the loss of evidence. For cases involving the defense against torture and the exclusion of evidence, the following measures can be taken:Criminal defense and criminal case filingThe service obtains a comprehensive solution, which can be combined with personal injury and injury appraisalPersonal injury and medical disputesFor cases involving violations of administrative procedures, you can refer to the relevant provisions in the "Regulations on Administrative Penalties for Violations of Laws and Regulations in the Field of Urban Planning".Land expropriation and demolition, and administrative litigationFor any questions regarding difficult situations, you can seek advice from the columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Will the confession signed under duress be accepted by the court?

The confessions obtained by illegal methods such as extracting confessions by torture shall be excluded and shall not be used as the basis for sentencing. However, the review shall be initiated through an application and clues provided by the materials. If the court cannot prove that the evidence collection is legal, the confessions shall be excluded.

Q2: How to prove that someone was coerced into confessing under torture?

The defense attorney may submit the records of the physical examination upon admission, photos of the injuries and medical treatment materials, testimonies from cellmates, and information about the lack of interrogation audio and video recordings, etc. The defense attorney should promptly meet with the client to confirm the clues and apply for the retrieval of relevant materials.

Q3: Do confessions made during the trial admitting guilt count as evidence?

If the subsequent confessions have a causal relationship with the coercive interrogation and their influence cannot be ruled out, they should generally be excluded together (repeated confessions). When making defense arguments, the defense attorney should explicitly request that all relevant confessions be reviewed.

Q4: Are the case handlers responsible for this?

Yes. Extorting confessions by torture may constitute the crime of extorting confessions by torture, for which the perpetrator shall bear criminal responsibility; even if the act does not constitute a crime, the perpetrator shall still be subject to disciplinary punishment. The parties concerned may file charges and appeals in accordance with the law, and claim compensation for personal injury.

Q5: What can family members do now?

As soon as possible, hire a professional criminal lawyer to meet with you, understand the interrogation process, and document the injuries and clues from the physical examination; preserve relevant materials and cooperate with the lawyer to apply for the exclusion of illegal evidence. The earlier you act, the more complete the evidence will be.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.