confession – declaration of an accused acknowledging his guilt of the offense charged

7/24/2019 Confession Declaration of an Accused Acknowledging His Guilt of the Offense Charged

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Confession Declartion of an accused acknowledging his guilt of the offensecharged, or of any offense necessarily included therein may be given inevidence against him

What are the rights of person under custodial investigation

1. The person in custody must be informed in clear and uniequivocal terms thathe has a right to remain silent2. The person in custody must be warned that anything he will say can and willbe used in court against him3. t is indispensable that he has the assistance of the counsel.

Is there an implied confession

There is no implied confession

Confession vs Admission

!dmission is usually applied in criminal cases to statements of fact by the

accused which do not directly involve an acknowledgement of gult

May a confession be written in a language which the accused did not speakor understand?

! confession may be written in a language which the accused did not

speak or understand provided it has been translated to him.Is it necessary for a confession or admission to be under oath in order to

render the evidence admissibe? "o #$%&'%" %( )!* prescribes that either confession or admission

are not competent unless made under oath.

May voluntariness of a confession be presumed?

+onfession is presumed to be voluntary and that the confessant who bear

the burden proving otherwise.Must confession be spontaneous in order to admissible

Must only be voluntary

Is a confession obtained by leading questions

Admissible

When is the confession of an accused admissible against his coaccused

!" *hen several accused are tried together confession made by one of

them during the trial implicating the others is evidence against the latter

# *hen one of the defendant is charged from the information and testifies

as a witness for the prosecution, the confession is made in the course of


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the testimony is admissible against his codefendants if corroborated byindisputable proof.

f a defendant, after having been apprised of the confession his confession

of his co-defendant, ratifies or confirms said confession, the same isadmissible

*here several etra/udicial confession had been made by several personscharged with an offense and there could have been no collusion withreference to said several confessions the facts that the statements thereinare in all material respects, identical is confirmatory of the confession ofthe co-defendant and is admissible against his other co-defendants and isadmissible against his other co-defendant. 0nterlocking +onfession

! statement made by one defendant after his arrest, in the presence of his

co-defendant, confessing his guilt and implicating his co defendant whofailed to contradict or deny it, in admissible against his co-defendant.

*hen the confession is of a conspirator and made after conspiracy and in

furtherance of its ob/ect, the same is admissible against his co-conspirator.

The confession of one conspirator made after the termination of aconspiracy, is admissible against his conspirator if made in his presenceand assented to by him, or admitted its truth or failed to contradict or denyit.

When is a confession of a conspirator admissible against his coconspirator?

$equisites

a The conspiracy be proved by evidence other than the confession.

b The confession be made after, not before, the formation of such unlawfulagreement and before, not after, it has come to an endandc The confession be made in furtherance of the ob/ects of conspiracy.

Will the fact that the accused made several conflicting confession rendersuch confessions admissible?

"% The fact that the accused made several conflictnng confesson does not initself render them inadmissible. n a case, there was list of nine conflictingcondession. +ounsel for the defendant ingeniously argued that the court should

not consider the confession and should acquit the accused. T4 '+ ruled itwould only be necessaru for the accused to tell another story not in harmony withthe confession to secure acquittal.


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confession – declaration of an accused acknowledging his guilt of the offense charged

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