这种没有刑讯逼供的证明合法有效吗

审判实践中,有的被告人提出侦查人员在侦查讯问等庭前审判阶段有刑讯逼供行为。行使侦查权的部门往往出具自己开出的没有刑讯逼供的书面证明,法院也会予以采纳。笔者认为,侦查部门出具的这种没有刑讯逼供的书面证明不具有合法效力。应当从观念和具体措施上杜绝刑讯逼供行为的发生,切实保障嫌疑人和被告人的合法权利。

Is the proof of extortion of confession effective in law

In the trial practice,the accused person proposed to have the extortion of confession by torture behavior in front of the courtyard in the detection places on trial.The detection department often gives the written proof that it does not have extortion of confession by torture,the court also accepted it and proved it did not have the extortion of confession by torture behavior.The author believed that we should regard the suspect and accused person's declaration in reasonable grasp and recognization and the written proof does not have the legitimate potency.We must cease the extortion of confession by torture behavior from the idea and the concrete measures,practically safeguard the suspect and accused person lawful rights,promote the diction ability of the detection department.