[Direct answer]In the Beijing area, it is strictly prohibited by law and subject to exclusion rules. The Criminal Procedure Law of the People's Republic of China clearly stipulates that it is strictly prohibited to extract confessions by torture or collect evidence by means of threats, enticement, deception, or other illegal methods, and no one may be forced to prove their own guilt. The confessions of criminal suspects and defendants collected by means of torture and other illegal methods shall be excluded. Criminal suspects have the obligation to truthfully answer the interrogation of investigators, but have the right to refuse to answer questions unrelated to the case; from the date they are subject to compulsory measures, they have the right to appoint a defense attorney. Therefore, family members are not helpless: first, they should appoint a defense lawyer as soon as possible to meet with them and learn about the detention facilities, the number of interrogations, and their physical condition; second, if they find injuries, abnormal records, or clues of coercive confessions, they should promptly report them to the procuratorial organs and detention centers; third, they should apply for the exclusion of illegal evidence and a review of the necessity of detention in accordance with the law. We need to view this objectively. Standardized case handling has become the mainstream, but rights remedies must be initiated in a timely manner.

I. Problem Background and Typical Scenarios

When family members are suddenly taken away, what relatives worry most is "whether they will be treated unfairly". There are three typical scenarios: first, after being taken away, there are no legal documents for a long time, and the family does not know the place of detention; second, during the meeting, they find that the client has injuries or abnormal emotions; third, the client makes statements inconsistent with the facts in the transcript and claims that he was coerced. When handling criminal cases in Beijing, the interrogation should generally be conducted in the detention center with simultaneous audio and video recording, and the degree of procedural standardization is relatively high. However, it is still necessary to pay attention to exercising the right to defense in a timely manner.

II. Key points of dispute

First, what constitutes torture to extract confessions, and where is the boundary between normal interrogation and torture? Second, how to exclude illegally obtained confessions and how to allocate the burden of proof? Third, how to exercise the right of lawyers to meet with clients and whether there are exceptions? Fourth, how to implement health checks and supervision during detention? Fifth, what consequences will occur if the clues reported by family members are verified to be true? Sixth, what is the status of oral confessions in the determination of the case?

III. Professional analysis by Henglue Lawyers

Based on their experience in handling criminal cases, Henglue Lawyers summarize five key points. First, defining the standard: torture to extract confessions refers to the use of physical punishment or disguised physical punishment to force confessions, such as beating, illegal use of restraints, freezing, starving, sunbathing, and fatigue interrogation. Confessions obtained through illegal methods such as threats, enticement, and deception may also be excluded. Second, the exclusion procedure: defendants and their attorneys may apply for the exclusion of illegal evidence before or during the trial, and are required to provide relevant clues or materials, such as injury photos, medical examination records, testimonies from cellmates, and interrogation time records. If the review confirms or cannot rule out the possibility of illegal evidence collection, the relevant confessions should be excluded. Third, the right to meet: from the date of being subject to compulsory measures, defense lawyers may meet with the defendant with relevant procedures to understand the case situation and provide legal assistance. For specific cases such as endangering national security and terrorist activities, meetings during the investigation stage require approval. Fourth, procedural supervision: interrogations should generally be conducted in detention centers, with simultaneous audio and video recording. Physical examinations should be conducted upon entry and exit from the detention center, and the records should be kept. If injuries are found, the reasons should be noted, as these records are important materials reflecting the problem. Fifth, the status of confessions: China's criminal litigation emphasizes evidence-based adjudication and does not easily believe in confessions. Only when there are no other evidence except the defendant's confession can guilt be determined. Conversely, if there is no confession but the evidence is sufficiently conclusive, guilt can still be determined. Therefore, the focus of defense should be on the entire evidence system rather than just focusing on confessions. In criminal cases in the Beijing area, lawyer meetings, review of case files, and applications for the exclusion of illegal evidence are routine and effective remedial paths.

IV. Practical suggestions and legal basis

Action suggestions: First, confirm the type of detention facility and coercive measures, and request relevant legal documents; Second, hire a defense lawyer to meet with the detainee as soon as possible to understand the interrogation process and their physical condition; Third, pay attention to and keep the medical examination records, photos of injuries, and information about the detainees in the same cell; Fourth, promptly report any clues to the procuratorial organs and detention centers, and apply for the exclusion of illegal evidence; Fifth, simultaneously apply for a review of the necessity of detention to strive for a change in coercive measures. For matters involving criminal defense and coercive measures, you can refer to the relevant provisions of the Criminal Procedure Law of the People's Republic of China and other relevant laws and regulations.Criminal defense and criminal case filingFor cases involving personal injury and medical evidence, you can refer to the following materials for reference:Personal injury and medical disputesLegal basis: The provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) on strictly prohibiting the extortion of confessions by torture, not forcing a person to incriminate himself, defense and meetings, exclusion of illegal evidence, and review of the necessity of detention shall be specifically applied in accordance with the current effective laws and regulations and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, it is necessary to fix the evidence of the injury as soon as possible after its discovery, as it is difficult to obtain evidence retrospectively. Secondly, lawyers should arrange meetings as early as possible, as the earlier the meeting is held, the better they can grasp the interrogation situation. Thirdly, synchronous audio and video recordings and the records of the physical examination upon admission are important objective materials. Fourthly, to exclude illegal evidence, it is necessary to provide clues rather than make vague claims. Fifthly, the evidence of the entire case is more crucial than a single confession, and the defense should be planned comprehensively. For those involved in criminal procedures and rights remedies, they can seek assistance through legal channels.Criminal defense and criminal case filingThe service provides a comprehensive solution, which can integrate personal injury and medical appraisalPersonal injury and medical disputesFor reference, you can check the section related to the criminal risks of corporate personnelIntellectual property protection and corporate lawColumn.

VI. Frequently Asked Questions

Q1: How to determine whether someone has been subjected to coercive interrogation and forced confession?

It can be judged from objective evidence, such as physical injuries, bruises, limited mobility, being denied rest or food for a long time, or statements that clearly do not match the facts and claim to have been forced, as well as abnormal interrogation locations. The inmate physical examination records, out-of-custody physical examinations, synchronized audio and video recordings, and the testimonies of inmates in the same cell are important evidence. Generally, it is not enough to rely solely on the statements of the parties involved to make a determination. It is necessary to form a corroborating chain of evidence.

Q2: Are the confessions made under duress valid?

It should be excluded. According to 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 shall be excluded and shall not be used as the basis for sentencing. The attorney may apply for the exclusion of illegal evidence in the courtroom and provide clues or materials such as injury photos, physical examination records, and interrogation time records. If the court confirms after review that the evidence was obtained illegally or cannot rule out the possibility of illegal evidence collection, the court shall exclude the confessions in accordance with the law.

Q3: What can family members do now?

There are mainly three things that can be done: first, confirm the detention facilities and coercive measures, and request relevant legal documents; second, appoint a defense lawyer to meet with the client as soon as possible to understand the case and the client's physical condition; third, report any abnormal clues to the procuratorial organs and detention centers in a timely manner. Family members cannot replace the client to accept interrogation or meet with the client on their own, but they can exercise the right of defense through a lawyer and collect materials for subsequent applications to change coercive measures and exclude illegal evidence.

Q4: How long will it take for a lawyer to meet with a client?

Generally, it's relatively quick. From the date the criminal suspect is subject to compulsory measures, the defense lawyer can request a meeting with the suspect by presenting his/her lawyer's license, the law firm's certificate, and the power of attorney, etc. The case-handling organ shall arrange the meeting in a timely manner and usually will not delay it. For specific cases such as endangering national security and terrorist activities, the meeting during the investigation stage requires approval. During the meeting, the lawyer can understand the case situation, provide legal assistance, and verify whether there are any illegal evidence collection situations.

Q5: Is it impossible to convict someone without a confession?

Not necessarily. China's criminal litigation adheres to the principles of evidence-based adjudication and not easily believing confessions: if there is only the defendant's confession but no other evidence, the defendant cannot be found guilty; but even if there is no confession, as long as the evidence such as physical evidence, documentary evidence, witness statements, and electronic data is indeed sufficient and can corroborate each other, the defendant can still be convicted according to law. Therefore, the defense should focus on the authenticity, legality, and relevance of all the evidence in the case, rather than just focusing on the confession.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, 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 case of disputes, please consult a practicing lawyer in time.