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What is the 8-character slogan on the prison wall?
Leniency will be given to those who confess, and severity will be given to those who resist.
Literally understood, "confession with leniency but resistance with severity" has two policy meanings: "confession" means that the suspect answers the interrogator's questions truthfully. If you take the initiative to confess, you will be treated leniently: "Resisting" means not answering the interrogation truthfully. If you resist and do not explain, you will be severely punished.
But in fact, this slogan is not consistent with current legal provisions and legal concepts. According to the "principle of legal punishment" established in the criminal law, the punishment a person receives for a crime can only be consistent with the facts of his crime. A confession or resistance in the face of investigations and investigations by judges is not a fact of the crime, nor does it certainly constitute a crime. Reasons for lenient or severe punishment.
The historical background of the policy of "lenity for confession and severity for confession" has gone away. In contemporary society that emphasizes the rule of law, the principle of procedural legitimacy and respect for the legitimate rights of criminal suspects has made this slogan obsolete. .
The concept of modern rule of law recognizes the basic human rights of everyone, including criminal suspects and defendants. One of the important concepts is that "people shall not be forced to testify against themselves." The United Nations " The International Covenant on Civil and Political Rights also stipulates: “No one may be compelled to incriminate himself.”
This concept is actually very simple - everyone has a psychological tendency to protect themselves. Even if they have committed a crime, they will unconsciously conceal it or refuse to tell it - this is the nature of human beings to protect themselves, and the judiciary should Respect this natural human right.
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