INFORMED RIGHTS BEFORE INTERROGATION
By Wu Guangsong, Lawyer of BEIJING YUREN LAWFORM。March 18 2020
Rules about informed rights before interrogation have been regulated in Criminal Procedure Law of P.R.C, but the informed contents are thin and the confession exclusionary principle through illegal procedure is not established perfectly.In legal state, the most important informed contents are the right of silence and right to counsel before interrogation.If the investigation organs do not inform the rights, the confessions would be exclusive.
In the USA,Miranda Warnings are necessary before interrogation.The specifics as follows:
You have the right to remain silent and refuse to answer questions.Anything you do say may be used against you in a court of law.You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning .If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.If you decide to answer questions now without an attorney present ,you will still have the right to stop answering at any time until your attorney present.Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
Anyone informed the contents of Miranda Warnings before arresting and questioning, should make a careful confession.
As the ideal reform measures, we should learn the informed rights system from the legal states to establish the completed legal system.Within the current legal system, the defects of the informed rights before interrogation should be remedied to the relevant provisions of the legislation and judicial interpretation.
In summary,as the most important notice from author ,one should know that confession is one of the critical evidences in the court of law.