Human Rights Protection: The Rules for the Exclusion of Illegal Evidence and Confessions of the Accused

Abstract

Evidence is an important piece of information to prove that a case has occurred. In the process of collecting evidence, illegal evidence obtained by the investigating authorities should be excluded. Confessions of the accused are very important verbal evidence in terms of evidence law and play a very important role in finding out the truth of the case. If an investigator uses illegal means to obtain evidence, it will not only invalidate the evidence but also violate the human rights of the defendant. Based on this, this study uses the comparative research method to analyse the link between the rules on the exclusion of illegal evidence and human rights, taking the defendant's confession as an example. As far as the results are concerned, one of the purposes for which the rule on the exclusion of illegal evidence was created is to safeguard human rights. Therefore, the rule on the exclusion of illegal evidence appears to be particularly necessary. In addition, in the context of China's legal system, the principle of voluntariness of the defendant can be deepened in the process of obtaining the defendant's statement, and the right to silence can be granted to the defendant. The combination of modern investigative techniques and the questioning of the defendant by the investigator will help the trial authorities to better restore the truth about the crime.