Preventing False Criminal Confessions in Poland and Russia - Legal and Forensic Aspects

Abstract

False criminal confessions are currently receiving a great deal of attention from legal scholars and law enforcement practitioners. There have been numerous publications, articles and in-depth case reviews concerning the psychological aspects of false confessions providing many useful insights. In this paper, it is assumed that the issue should be addressed at all possible levels, starting with the legal and forensic levels. Legal provisions that would prevent the use of physical coercion and manipulative interrogation techniques designed to extract criminal confessions should be adopted. Each criminal confession needs to be thoroughly analysed and cross-checked before a decision is made to use it as evidence. This paper describes pertinent legal provisions adopted by two countries - Poland and Russia. Both apply the inquisitorial model of criminal procedure. However, there are noteworthy differences regarding the interrogation procedure, suspect's testimonies and their evidentiary value. Existing legal safeguards aimed at preventing involuntary criminal confessions are discussed and compared. A summary of pertinent forensic recommendations is also provided. Moreover, the authors selected and described a case, in which a suspect falsely confessed to raping a minor, to highlight current legal shortcomings and some common forensic challenges regarding suspect interrogation.