Extraterritorial experiences and China’s decision to curb extortion of confessions through torture

Abstract Extortion of confessions through torture is a serious problem in China’s criminal justice. Extraterritorial experiences can help China tackle this problem. The optimization of the prevention mechanism of the extortion of confessions through torture in China should be based on extraterritorial experiences. This study focuses on the themes related to extortion of confessions: disciplining criminal law network of extortion of confessions through torture, controlling time and place of interrogation strictly; solidifying suspects’ right of silence, guaranteeing the enactment of the exclusion rule of evidence illegally obtained, and exploring and establishing a lay visitor inspection system. Based on the findings obtained in the empirical study, we hope implications can be provided for the studies on curbing extortion of confessions in other jurisdictions.