The crime of extorting confessions by torture refers to the behavior of judicial staff who use corporal punishment or disguised corporal punishment to extort confessions from criminal suspects and defendants.
Its characteristics are as follows:
1. Special subjects are limited to judicial staff, that is, staff with the responsibilities of investigation, prosecution, trial and supervision;
2. Subjectively and with the purpose of forcing confessions;
3. Objectively use corporal punishment or corporal punishment in disguised form against criminal suspects and defendants to force confessions.
[Legal Basis]
Under Article 247 of the Criminal Law, judicial personnel who extort confessions from criminal suspects or defendants by torture or use violence to extort testimony from witnesses shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever causes injury, disability or death to another person shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.
