首頁 > Case Studies

2024-03-26

Case Studies | Can Accusations Be Made Years After the Relationship?

妨害性自主 強制性交 偵查辯護 不起訴

Criminal Procedure Law Article 156 stipulates:A defendant's confession is admissible as evidence only if it is made without violence, threat, inducement, fraud, fatigue during interrogation, illegal detention, or other improper methods, and if it corresponds to the facts. A confession from the defendant or a co-defendant cannot serve as the sole evidence for a guilty verdict. It is necessary to investigate other essential evidence to check its consistency with the facts.

Corroborative evidence in criminal cases refers to the rule that a single piece of evidence cannot be the sole evidence for determining a defendant's guilt; additional corroborative evidence is required to confirm the authenticity of confessions from the defendant or victim. The core purpose is to avoid convictions based solely on confessions from the defendant or victim, thereby preventing wrongful convictions.

In criminal proceedings, confessions are often one of the key pieces of evidence. However, since confessions can be unreliable due to various factors, such as the defendant's psychological pressure, improper interrogation, or the victim exaggerating the situation to facilitate litigation, other evidence is required for verification and supplementation. This is the role of corroborative evidence.

[Continue reading: What is corroborative evidence?]
 

【Case Background】

Xiao De and Xiao Yi were friends of the opposite sex. One night, they engaged in sexual relations and lived without issue for several years. Unexpectedly, one day years later, Xiao De received a notice from the police station. It turned out that Xiao Yi had suddenly reported to the police that the sexual intercourse on that night years ago was forced by Xiao De. Facing such serious allegations, not only was Xiao De's reputation greatly damaged, but he also faced the risk of criminal liability. After receiving the notice from the police, Xiao De felt very helpless and sought assistance from our law firm.

【Prosecutor's Office: Decision Not to Prosecute】

After analysis and investigation by the Prosecutor's Office and our firm, it was found that Xiao Yi stayed with Xiao De until the next day after the incident. Xiao Yi had never sought medical treatment or reported the incident to the police. According to the Criminal Procedure Law, a single piece of evidence cannot be used as the sole evidence to determine the defendant's guilt; additional corroborative evidence is required. In this case, besides Xiao Yi's own verbal accusations, there was no corroborative evidence to support the claim, nor was there any other positive evidence for investigation.

Ultimately, after vigorous defense efforts for the defendant, the Prosecutor's Office decided not to prosecute, thankfully restoring the defendant's innocence.

Reference:Criminal Procedure Law

>Consult Now

  • 1
  •  
  • 2
  •  
  • 3
  •  
TOP