诉讼层面的责任缺失与困惑——刑事诉讼法第九十三条的法理解析

刑事诉讼法第九十三条虽然为犯罪嫌疑人设定了如实回答的义务,却并没有为该项义务的落实规定责任,从而导致侦查人员落实该项义务的随意性,造成骗供、诱供、逼供等现象的发生。然而,如果废除该项义务,赋予犯罪嫌疑人沉默权,又会导致出现缺乏现实可操作性及付出的代价太大等问题,从而使我们在司法实践中会陷入困惑之中。

A Dilemma in Criminal Suit——An analysis of the Law of Criminal Suit, Item 93

It is stipulated that criminal suspects have the obligation to tell the truth accordingly in the Law of Criminal Suit,Item 93.However,the Law doe not define who will be responsible for the implementing of the obligation so that cases like extorting,defrauding or even trapping suspects into a confession occurred because of the random implementing of the obligation by detectives.However,the dilemma is if the criminal suspects were entrusted with the right to keep silence and the obligation were abolished,the detective procedure would not be practical and the interrogation cost would be too high.