摘要
证据存在软肋是实践中翻供的主要原因之一,以强奸案件为例,此类案件因事发私密,被告人一旦翻供,在没有旁证的情况下,一般不能对其定罪量刑。但只要证据严密、锁链完整,被告人大多会认罪服法,以坦白换取量刑减让。
Evidence deficiencies are one of main causes of confession withdrawal. Take rape for example. Such cases usually occur in privacy. Once the accused withdraw confession, it is difficult to find them guilty if there is no witness. However, as long as evidences are collected legally and evidence chains are complete, the accused will admit to their guilt and confess for commutation.
关键词
强奸案
翻供
证据
软肋
对策
Rape
Withdraw Confession
Evidence
Deficiency
Countermeasure
