The main content is divided into public security cases and criminal cases two cases:

Firstly, the common problems about the public security case.I mainly dealt with in accordance with the procedure of the case, the jurisdiction and the case, investigation, and punishment process about.

A, jurisdiction or admissibility issues, is mainly about the scope of jurisdiction and evade the two questions. Beyond the scope of jurisdiction to deal with the public security organs shall not speak from the broad sense and by the public security organs, illegal processing error. Avoid to speak should not be the case handling department in the treatment by the relevant departments, illegal processing error.

The first problem beyond the scope of jurisdiction. Second public security management punishment law stipulates "disrupting public order, endangers public security, infringe the personal rights, property rights, breach of social management, which is harmful to the society, in accordance with the" Regulations of the people's Republic of China "s criminal law constitutes a crime, shall be investigated for criminal responsibility according to law; not serious enough for criminal punishment, by the public security organs to public security management shall be punished in accordance with the law." However, we found that in many cases examined to exceed the scope of jurisdiction. For example: the problem of land disputes, city housing demolition. With land disputes, on the one hand may be due to the local government, especially by the local township, town government in rural areas, will not be handled by public security organs or the admissibility of the case, in order to suppress some of the villagers behavior and processed by the public security organs. For example: in some rural areas, in the village is divided in the process, because the individual villagers and village disputes, forced farming maneuvering village problem, in accordance with the provisions of the police station will these villagers "Public Security Management Punishment Law" twenty-sixth article third, namely take strong force or any damage, occupation of public or private property punishment. Such cases, belonging to the rural land contract disputes, should not be based on "Public Security Management Punishment Law" to carry out punishment, should be based on the "rural land contract law" processing. I feel, in the short term, the villagers were detained may not dare to dispute with the village, did not dare to farming, however, if these villagers for detention of petitioners? This is not the public security organs shall be contradictions to yourself? There are some problems beyond the scope of jurisdiction of the case, I think it is because of the economic benefits from the point of view by. For example: we found some small sales of counterfeit goods in the case of the inspection, by the local fine. These cases, in accordance with the jurisdiction is the public security organ should transfer the case to the industrial and commercial administrative departments for processing. In a word, "Public Security Management Punishment Law" under the jurisdiction of the case is "disrupting public order, endangers public security, infringe the personal rights, property rights, breach of social management, which is harmful to the society". But not all meet the above conditions should be based on "Public Security Management Punishment Law", but also to find the corresponding situation from the specific provisions of law. For other administrative organs shall be handled by the case, shall be transferred to the other administrative organs. For the jurisdiction problem, I also want to remind you, is for mediation cases, must also be under the jurisdiction of the public security organ. I'll give you a case, everybody listened to feel very interesting, is that this year the examination, a case that I have ever seen: a girl and a boy because make object but not to the legal age of marriage, in the countryside in soil forms of marriage, girls actually have equal to marry boys. But two people married life is not very harmonious, often quarrel. After a period of time, the girl is pregnant, but the boys a divorce. The girl's mother did not work, home to the man at the family closet, glass smashed. The man home alarm, the police field. This is the case. However, what we see from the book the mediation agreement file content: one, male, female both sides agree to divorce; two, the compensation for the green loss cost 5000 yuan. In this case, is the first time I have seen, I think all of you present here is also the first time heard. I feel the police from the social environment point of view, is the mediation may be conducted on these issues, but will not be included in the scope of public order mediation.

Two, about the question. Eighty-first Public Security Management Punishment Law stipulates: "the people's police in handling cases of public security, under any of the following circumstances, should be avoided; acts violating the administration of public security, the victim or their legal representatives shall have the right to request him to withdraw: (a) is the case when the thing person or a close relative of the party; (two) interested himself or his close relatives in the case; (three) other relationship with a party to the case, may affect the impartial handling of the case." Therefore, to prevent the individual police duty case, hampered by duty police is not as investigators cases involved in inquiry or the evidence, but only as a witness by other police inquiry or issued by the job description. At the same time, if the offender is the normal operation of the whole police station hinder the normal law enforcement or disturb the police station, such cases shall be group of public security processing, County Bureau or branch is more appropriate, because in this case, the police station as a whole is the victim, the police shall be avoided. Such cases, shall be made by the group of public security or other police station.

After the investigation and handling of cases, next is the case, where the main common problems are:

The first is called problems.

First of all, let us have a look of what the law says. The public security management punishment law eighty-second the provisions of the first paragraph: need to summon acts violating the administration of public security people surveyed, the case handling department of the public security organ for approval, the use of a summons. On site acts violating the administration of public security, the people's police by working to produce documents, can be summoned verbally, but it should be noted in the written record of interrogation. "The public security organs shall handle procedures for administrative cases" forty-fourth rules "to summon suspects under investigation, the case handling department in charge of the police station or at or above the county level public security organs for approval, the use of a summons. The suspect to the scene, police were working to produce documents, can be summoned verbally, and noted in the written record of interrogation, criminal suspects to custody after time and departure time."

According to the above law, in the application of common problems found in summoned measures have:

Scope 1, summoned verbally wrong, should use the summons, without the use of. For oral subpoena, the law is very clear, is the person acts violating the administration of public security on site, such personnel can be used for oral subpoena. For example: our inspection found that, assault cases occurred in September 10th 18, the parties after the alarm, the police immediately out of the scene, through oral subpoena way, will beat the suspect others back to the police station under investigation, it can be said that this through oral subpoena way is right, is also in line with the actual. But through the back after the investigation, the case requires further evidence, the suspects release. In September 14th, taken orally summon way again, will be summoned to the police station for questioning the suspect. Can say, for second times summoned orally is wrong, because the summoned verbally only suspects found at the scene, after the then summoned way, unless it is outside the implementation of illegal site location found or captured the suspect has accepted the case, the remaining personnel can be issued a summons, or taken in accordance with the "the public security organ shall handle procedures for administrative cases" forty-third rules "to the suspect's or units to" ask.

2, summoned orally with problems and summons and. Can say, this problem is by examination unit, did not understand the meaning of being summoned, check before correcting errors. This problem is very simple, that is, two cases are parallel existence, is one of the two elections. I will not repeat.

3, to voluntarily surrender or people over to illegal suspects error is summoned measures. The voluntary surrender refers to after the incident, the initiative to the illegal suspects surrender to the public security organs, including their own initiative to friends and relatives, including the work after passive. The people seized and turned over, refers to the victim or other personnel will be forced to suspect to public security organs to deal with the situation. The purpose is to make the offender summoned to the public security organ or a public security organ locations specified under investigation, because the suspect over and surrender to the public security organs have come, do not need to use a summon card for a police interrogation, can be directly according to the law, but in the interrogation record that the suspect in custody after and concrete time. The common problems such as: the inspection found from the record, we police asked: what are you doing to the public security organs? The suspect replied: I have come to surrender. But the record's summoned verbally by time also fill, or there are summoned to permit. Therefore, this situation is wrong. The illegal suspects cannot surrender and the seizure and delivery to handle the summons procedures, police should indicate the source of cases in case the registration form, and in the interrogation record reflects violation suspect Daoan after, appear time and leaving time.

4, does not notify the family problems. To notify the family, is a new variation of the public security management punishment law, from the provincial inspection situation, last year, this problem is more commonly, basically all the files are called not notification of family problems, even if the notice is also after the meeting. However, after a year of operation, can be said that now the grass-roots in handling summoned notification of family has a relatively standardized, at least from the files which can reflect the police can be summoned to violations of the time and place to tell the person summoned families through telephone or on site way. At the same time, because the "standard" requirements specify administrative case volume notice of the time and contact information in a separate notice records, more alert police summoned problem was summoned to inform the families of the people. However, from the inspection, there are still cases fails to notify the family of the procedure of public security organs. I think, notify the family is a duty of the public security organs, is a necessary procedure, the practice of handling, in addition to notice on the spot, it shall immediately notify the public security organ or the summoned to designated location family. For does not notify the family situation, I suggest that you should be in legal staff to review the case in the process. Especially for minors not notify the family asked such questions, even to influence the effect of evidence, we must resolutely ordered corrected. At the same time, remind a bit, for illegal suspects seized and turned over and surrender, also asked whether to notify the family, the answer is yes. In order to protect the legitimate rights and interests of the parties, if the suspect's family did not know its investigation in public security organs, the suspected offender notification requirements should also refer to summon the was sent and surrender to the family.

5, witnesses, victims can summon problem. For this problem, also occasionally found in the inspection, such as the record of inquiry witness or victims of them reflect: you know why you called to? The law enforcement errors, is very simple, witnesses, victims are not summoned measures, to correct this problem, need to be in the police law enforcement work, can not be sloppy.

6, about the time confused verification time and asked. Eighty-third the public security management punishment law:"For acts violating the administration of public security organ shall, after being summoned to the interrogation, interrogation shall not exceed eight hours; the complexity of the situation, the punishment of administrative detention may apply in accordance with the provisions of this law, the time for the interrogation and investigation shall not exceed twenty-four hours." From our examination of the situation, the police will ask the verification time and many a time is confused, this is a detail problems, easily by the police ignored. Time is what the interrogation, interrogation began when, what time is the end of the interrogation. See from the legal requirements, the time for interrogation from the suspect was taken to the public security organ or the designated place to end illegal interrogation, the suspect would be free to leave the public security organ or a designated place of time, is also in the interrogation record intermediate required by the suspects his fill or fill in the call time permits. A query time, is on the police suspects for questioning time. Therefore, the two time since most cases should not be coincidence, even should have more time gap. Because the interrogation work includes not only ask, there are some other such as illegal suspects his written statements, other investigative measures and penalties for planned for this work. But for many people the implementation of common law cases, US investigators finished notes, often also need to co workers or the victim ask, ask the time general record end is shorter than the time of interrogation and investigation shall be. However, from the inspection situation we see, the police often will be the two time to fill in the very similar or the same, this is wrong. The police suggested a concept of change, for more than 8 hours of interrogation, the approval of the application for examination and approval, not what the big deal.

The above is called problems. Called to, to ask, as the interrogation record, so, in the process, ask common questions in the process of case investigation:

1, record of inquiry by a police or non police asked my signature. This problem is "a commonplace talk of an old scholar", often found in the years of examination, but so far there is no cure for this problem. The Ministry's "standard" requirement, administrative cases, the police should sign on the record of inquiry at the beginning, and should be signed. This problem, please go back further urged the police legal staff should pay attention to in the case, the police to remind his work well on the line, do not do the work of others. At the same time, we also found in the inspection part record police signature is not signed by the police themselves, but in the inspection of law enforcement by police before sign anything else. For this problem, although from the surface can not see, could not find. However, from the beginning of this examination, I remind other inspectors, to find records signed more suspicious, the scene let the police asked to sign, and then compared the two signatures are the same. For different, we will be directly to the file to the discipline inspection departments responsibility. Because the problem is not the problem of law enforcement, has been tampering with records problem.

2, the police at the same time the cross examination is still there. For this problem, we can understand the basic unit police less, especially at night cases, capable of handling cases of police less, basically is a police to make the record. But as the law required by two police investigation, it must have two police signature. The police cross examination questions appear at the same time, the police work is not serious, careless problems. For the evidence that, in the reconsideration, litigation is failure, just not accepted.

3, ask the suspects, victims and witnesses told rights are often wrong. In accordance with the provisions of the public security management punishment law eighty-first: acts violating the administration of public security, the victim or his legal representative shall have the right to ask the police the right to evade, but the witness is not. Why the legal provisions of this, because the offender, the victim in the litigation principle, both parties, according to the rights of the parties concerned, enjoys the application for withdrawal rights. But the witness is the litigant participant, participant because there is no direct interest relationship with the case, therefore, does not enjoy the right to apply for withdrawal. However, we find the difference in the inspection, some police did not understand the legal status of criminal suspects, victims and witnesses, inform them of their right to apply for withdrawal of all right, this is wrong.

4, against the suspect statements not verify. On the illegal suspect police inquiry process, in accordance with the requirements of the public security organs have been treated before ask. Some offenders will answer, processed, what time, because what etc.. For illegal suspect these statements, especially regarding the punishment of the criminal record, we found in the inspection process and many police not to check these things, in fact, this is a very important aspect is about the case, shall be given a heavier punishment and presentation of reeducation through labor is one of the conditions of. I want to check the record problem, on the one hand is one of the important facts of case handling process, on the other hand also whether can disclose reeducation through Labor Party evidence collection problems. We recommend legal staff in the audit cases, these problems can not let go.

5, part of the case no violations of proof of identity materials. Violations of the identity of the materials are generally in the last case, which is used for the proof of the illegal behavior of people's true identity and criminal illegal behavior, but because the procedural changes over the past two years the public security case is relatively large, sometimes, sometimes not. So we in the inspection found in many cases, the police are ignored for this request. In fact, the identity is a foundation work, may be related to the future civil litigation, if the offender to conceal the true identity, the handling a case police not verified, once into the action for damages, the victim will be very difficult to compensation, can't even find the defendant. Therefore, we check the requirements of each of the violations of the identity is to verify whether the suspect, adults and minors. Among them, we ask for non residents of this area, can use telephone records. To the residents of this area, can take the digital certificate from the public security network or the "100 city network" to download the identity certificate.

The above is about common problems in the process of case investigation. At the same time, processing the case also involves a collection of evidence of how the problem. So in the application of the collection of evidence and compulsory measures often have two questions:

A: the seizure, registration and the advance registration and preservation is suitable the mistake.

Custody, registration and advance registration and preservation is handled for the property involved in the compulsory measures often used in a public security case. However, found that the police seized, registration and the advance registration and preservation application in our examination, often wrong, is also is suitable the mistake. For example: theft cases together, the suspect in the theft of bicycle theft, in the process of being implemented, is the owner of the bicycle was found, and the suspects arrested, even with people and cars were seized and turned over to the police station. The police station after the case is accepted, the suspects' tools "pliers" and bicycle are to be seized. In this case, the police station to commit the crime tool pliers for detention measures are correct, but the bike for detention is wrong, should apply directly to the bicycle registration measures or return. Another case: a police station and an entertainment company in the field of gambling cases, 2 gambling machine be withholding, and then back to the police station to take the advance registration and preservation measures, the gambling machine as evidence to the advance registration and preservation. Can say, in this case, the police station will be two sets of gambling machine advance registration and preservation in the police station is also wrong, this case should apply to arrest measures. Finish the case, our control law to explain the difference between the three measures: eighty-ninth Public Security Management Punishment Law stipulates: "the public security case, need to be concerned with the case as evidence of goods, can be seized; the victim or the bona fide third party legitimate possession of the property, shall not be detained, shall register." Thirty-seventh the administrative punishment law, the provisions of the second paragraph: "the administrative organ when collecting evidence, can adopt the method of taking samples; the evidence may be destroyed or lost or difficult to obtain later case by administrative organs, responsible for the approval of people, can advance registration and preservation, and shall make a decision within seven days, and during this period, the party concerned or persons concerned may not destroy or transfer the evidence." Therefore, the three are very different. The first distinction: from the application basis, public security management punishment law, based on the registration of seizure. On the basis of advanced registration and preservation of the administrative punishment law. The second difference: from the application of the object, seizure, use illegal suspect the advance registration and preservation tools, contraband, illegal income, can be used as evidence of items; registration is the object of the application of the infringed or the bona fide third party legal possession of property. The third difference: from the saved location, registration, the advance registration and preservation are the goods, evidence kept by the original holder of the articles. Especially, the advance registration and preservation is often a lot of articles, not moving, take the sequestration of shall be stored in the original place. Seizure is the items are placed in the public security organs of the scope of management. The fourth difference: from whether need approval, seizure, registration does not need the public security organs examined and approved by the leadership, the case handling department is responsible for personnel after seizure need confirmation. While the advance registration and preservation needs of the public security organ for approval. At the same time, the three and the time difference and so on. These I do not speak. Through the above distinction, we can see that the advance registration and preservation procedures complicated, save not safe, time is short, only 7 days. Therefore, suggested that the majority of the grass-roots units in handling cases of public security should not apply the advance registration and preservation measures, if applicable, by examining the situation we see are wrong in most cases are wrong. Here, try not applicable means for public security cases, administrative cases, and shall apply. For the seizure and registration, as long as the master is the police suspect items can be seized, the victim or third items shall be registered. At the same time, in the inspection, and some police questions: the lawful possession of items can not be seized, can only register, so how to invoicing identification? For this problem, I think even need an appraiser to items for registration measures. In practice, can speak the registration items, items will be lent to the Valuation Department, department for valuation valuation to retrieve, then returned to the victim.

Two for evidence, material evidence, documentary evidence or copy photos and other evidence is not standardized, did not indicate the source, and no human. This question, I feel may be because casual habits of police in the case of a long process of lead. According to the "Regulations" the Supreme People's Court on evidence in the administrative litigation request, for evidence of copying material is a kind of documentary evidence, photos, injury photographs is a kind of evidence, the evidence must be the source, extraction and time. Especially some files, is injured the picture a few good, very scary, but who are these photos? How come? Reflected not out. Such evidence, is not standardized, in the proceedings, the court will not be accepted.

The above is the common problems in the process of handling cases. Then talk about the case finally punishment, treatment of common problems.

One is about the Punishment Rights issues. "Public Security Management Punishment Law" provisions of article ninety-first"The public security management punishment decided by the public security organ of the people's government at or above the county level; the warning, a fine of five hundred yuan may be decided by the public security police station." From the legal provisions of view, its content is very simple, understand it, is the County Urban District Public Security Bureau or the Public Security Bureau or more units can make the public security management punishment, for example: Shenyang City Public Security Bureau Branch of peace, Xinmin City, Liaoning Province Public Security Bureau, Ministry of public security. At the same time, the law also provides decision station can make warning and a fine of 500 yuan punishment. So, for this article, appeared what enforcement problems at the grassroots level, is a fine of 500 yuan by the public security organs inside set organization made the punishment decision, to fulfill the final approval authority. On the surface this case does not have what problem, but from the permissions on a problem. Such as: Security Brigade made the punishment of detention, public security unit has made a fine punishment. For this problem, here, I want to talk about the concept of administrative license. The so-called administrative licensing, refers to the laws and regulations, the administrative authority of a or a particular aspect of a part or all, through legal means to act in an organization. Through the administrative licensing one without the qualification of administrative subject's organization has obtained the qualification of administrative subject, has engaged in an administrative activities of the qualification. The public security management punishment is a typical administrative authorization. At or above the county level public security organs and the police station authorized by law, enjoy the security administration punishment power. The law does not authorize units, such as: group of public security is not the security administration punishment power. At the same time, in accordance with the principle of administrative procedure, by which the administrative organ to make administrative punishment, which should be made by the responsible person of the administrative organ to make decisions on examination and approval. The administrative punishment made by the county public security organs, must by the county public security organs responsible for the performance of the final examination and approval procedures, and not by the internal agency responsible person for approval. So, for the 500 fines, the police station can be punished in his own name. But the security group is absolutely not approval on behalf of the county or District Branch Bureau of the punishment, also is the approval procedure shall be decided and finally the authorities for punishment is the same. However, some policemen at grass-roots level, especially the opinion security captain, said: "our security brigade and police station level and the level is the same, is promoted, by what the police station to make the punishment, we cannot". For this problem, I suggest how the law provisions, how to perform, or why the public security management punishment law does not stipulate with the police in the unit can make a warning, a fine of 500 yuan? And for law enforcement mistakes of this serious, once the reconsideration or litigation, direct against. Before the approval of the Department of such proposals go back and see, there is no such conditions, if any, should remind the public security section chief, such cases shall be the director or deputy director approval, not approval by chief.

Two is not in accordance with the law to detain, the collection of tools. Such problems, often caused by assault, deliberately hurt others body case and in the case of theft is more likely to occur in a few simple civil disputes. For example: assault cases beaten flashlight, screwdriver, woven bags, others stick and theft in the case, we may feel that the value of these things smaller, collection to solve the police funds because no effect, so sometimes the police will be whether these things are, is not seized, not collection. Therefore, in accordance with the law, these are wrong, but also than the procedure illegal law enforcement mistakes worse. Because in accordance with the provisions of the public security management punishment eighty-ninth and "Eleventh provisions for implementing acts violating the administration of public security all my tools, shall take over, in accordance with the provisions." Requirements, is not consistent, strictly speaking, not the goods seized, confiscated, the evidence is not sufficient, the case is not in place to deal with. Therefore, even if the goods are of little value shall be seized, confiscated. If the collection is not required after preservation with the case, and can not auction, sale, the Treasury Department, can register at any time after the destruction. At the same time, to remind you, even if the mediation of public order cases of criminal tools, will be seized, confiscated. Not because of illegal behavior without punishment, not punishment to the property, tools.

Three cases of public security have mediation, also be punished. The public security management punishment prescribed in article ninth "caused in civil disputes fight and destroy others' property and other acts violating the administration of public security, if the circumstances are relatively minor, the public security organ may mediate. Through the mediation of the public security organ, the parties to reach an agreement, not punishment. Where no agreement is reached through mediation or agreement fails to perform the duties, the public security organ shall, in accordance with the provisions of this Law for acts violating the administration of public security given punishment, and inform the party concerned can civil disputes in accordance with the law to the people's court." At the same time, the public security organs procedures for the handling of administrative cases and the public security organs to implement the provisions of article 152nd "Public Security Management Punishment Law" interpretation of the specific issues related to simple lists several public security organs may mediate the case scope. Therefore, we can say, it is to resolve social contradictions, a mediation method stipulated by the law, because sometimes the public security case occurred, the parties reconciliation or to let the public security organs and public security organs mediation desire, also gives the reasonable mediation. The parties do not want the public security organs to each other for punishment, if the public security organ for punishment, but will intensify contradictions. However, in the inspection, we can often see together for civil disputes caused by beating others files, case handling front are lawful and reasonable, the punishment of the penalty, but in the end had a case of public security mediation agreement. Can say, this case is not be punishment and penalty, in accordance with the provisions or dunks score evaluation. For this problem, proposed legal staff in case finally to ensure the public security cases or the mediation agreement for damages mediation agreement, or simply to the cases of public security mediation agreement out from the files.

Four is the case for a period longer than 30 days not to report a higher public security organ for examination and approval. "Public Security Management Punishment Law" stipulates that the ninety-ninth "public security organs in handling cases of public security shall, from the date of acceptance shall not exceed 30 days, major case, complex, with the approval of a public security organ, may be extended for 30 days." Among them, also provides for the identification of maturity is not within the deadline. From the inspection situation, the main problems are the more than 30 days without approval of the public security organ at a higher level. Here, we asked the police to deal with cases, if within 30 days can not be closed, to the examination and approval by the public security organs at the county level. When the public security organ to handle the case, such as the group of Public Security Police Battalion, handle the case, will have to be determined by the Council approval. In addition, I to be clear, is the case in the full 30 days before the approval of the case, if you need to extend the deadline, will no longer approve. At the same time, whether the case is extended to the long time, can be processed on the suspected offenders, the punishment decision is valid.

Cases of treatment or punishment is completed, need to be punished to inform or service, there are two problems in this area:

One is for a stay of execution of administrative detention, without the application of the parties. Suspended after the disappearance of the circumstances, not the public security organs to continue the work of the material. This problem, very simple.107th Public Security Management Punishment Law stipulates: "the punished person refuses to accept the decision on a penalty of administrative detention, to apply for administrative reconsideration, administrative litigation, can put forward to suspend the execution of the administrative detention shall apply to the public security organ. The public security organ considers that a stay of execution of administrative detention is not endanger society, the conditions prescribed in law article 108th in accordance with the person being punished or their close relatives the guarantor, or by the daily administrative detention two hundred yuan standard pay margin, the penalty of administrative detention decided to suspend the execution. Therefore, the provisions of the law is very clear, on the suspension of the execution of administrative detention, must have the detainee's application for the suspension of execution, and must be the person concerned, may not be the near relatives or other people. During the inspection, we had some reprieve of the detention execution files, from A to Z also did not see the application of the parties. So, this is a procedural violation cases. At the same time, the reprieve of the detention execution case, in the reconsideration and litigation period has passed, the parties did not apply for reconsideration or lawsuit. But the no information on any material to how to deal with the. So what is the offender escape? Or the public security organs do not catch? No matter what the situation, to reflect and embody the files. At the same time, we found that the illegal behavior of individual and more daring police deliberately indulge in check, to make the penalty of detention, detention in the suspension of execution, from the file material, reflect the acts violating the man ran, the public security organs repeatedly arrested not caught. However, through the material leaving the home phone, we played in the past is actually illegal people I meet, they play at home. For this case, we are directly transferred to the discipline inspection departments shall be held responsible.

Two is to be punished people refused to pay the fines. For this problem, I do not speak the problems found in the inspection. I only talk about this case, how the material in the file to reflect and processing. In fact, when it comes to the parties refuse to pay a fine to do, I don't know, but I think the Ministry of public security may also do not know how to do, this problem, is currently the national law enforcement of a common and serious problem, although the "Public Security Management Punishment Law", "Regulations" provisions of the procedures for non payment fine, you can auction, seizure of property for compulsory execution, but these are not provided to the point, because many cases are often no seizure of property involved, or the application for enforcement is also need to pay certain fees, to the public security organ burden is too large. So, since we check to see, there are many cases punished not to pay a fine of. We ask for this problem: one is proposed, on application by the person being punished by the case handling unit, after approval, decide on the suspension of execution. Or it can be written material or written directly by the police, why fine without implementation, can be closed. The two methods can. At the same time, I remind, to apply to the court for compulsory enforcement cases, the entity shall be performed within 180 days of the date of expiry of statutory prosecution. If the late application, unless there are normal reasons, general court shall not accept the.

Three is the City Public Security Bureau police station and reconsideration organs inform missing problem. City Public Security Bureau and the police station for the reconsideration organ informed, at present, because the executive organ of legal provisions for different understanding of the problem, leading to the current basic level public security organ for reconsideration rights to inform the master is not good, often appears in the wrong. Some textbooks say, City Public Security Bureau is the agency of the Municipal Public Security Bureau, because its name is * *, * * branch of Public Security Bureau, therefore, such cases shall inform the person being punished for reconsideration to the City Hall or municipal public security bureau. The same theory, the police station to make the penalty cases, shall notify the person being punished to the government at the same level branch or branch of the application for reconsideration. However, through the relevant legal provisions, I think for the police station to make a decision on administrative punishment, punishment was to inform the Public Security Bureau, Public Security Bureau or the same level people's government administrative review is correct, because the station is public security organ purely dispatched institutions, the punishments of the reconsideration organ shall set up agencies the organ at the next higher level or the people's government at the same level. But for the city public security bureau is not exactly the same, because the public security organs either level, are composed of departments of the people's government at the same level, one part of City Public Security Bureau and district government, so it made the punishment decision of the reconsideration organ shall is the people's government at the same level or the next higher public security organ.

Finally, about the public security cases and then talk about some common cases of public security processing:

One, about hinders the performance of duty cases need to pay attention to the problem. Attention should be paid to impede the people's police on duty, the common problem of incomplete legal basis for reference. From our check, hinders the performance of duty cases most for hindering police duty case, such as the police investigation and handling of cases, was beaten so the police party or near relatives. Therefore, to impede the people's police in carrying out their duties according to law cases, legal basis shall be: Fiftieth A and two paragraphs, two basis, not only to write a paragraph or only write. Because only write a, it can't embody the violator shall be given a heavier punishment. If only to write two paragraphs, it is punishment no legal basis for the problem.

Two, about holding, using counterfeit money case, these cases should be punished according to the law of the people's Bank, but in some places the case as fraud cases to handle.

Three, how to deal with the problem of gambling cases. Seventieth the public security management punishment law:"For the purpose of profit, provide the conditions for gambling, or gambling gambling larger, to five days detention or a fine of five hundred yuan; if the circumstances are serious, department for more than ten days to fifteen days detention, a fine of five hundred yuan to three thousand yuan fine." This is the legal basis of gambling cases. From the provincial examination of the situation, gambling cases mainly has following several aspects:

1, whether the bet size, will be the issue of punishment. This kind of problem, find more in the part of the county public security bureau issues in our inspection, especially with the county rural police gambling cases, there are many cases belong to both bet size, will be punished. For example: in the home to entertainment for the purpose to take a small amount of winning playing mahjong, as can be seen from the files reflect the last station reflected four or five people altogether money only, two hundred dollars in the inspection record, and even individual officers confiscated money is only a few dollars, I think of the public security organ in such cases is wrong, chaos control, chaos should belong to the penalty, so that management and punishment, can only make the distance of public security organs and the people more and more far. At the same time, we should pay attention to "70" the provisions of gambling is for the purpose of profit, so the amount of winning or losing the entertainment for the purpose of scutching should not be treated.

2, money in the facts are not clear, the evidence is insufficient, be confiscated. For this problem, look from the inspection, is also very common. For example: from the records reflect * * money 500 yuan confiscated. Then the collected 500 yuan of decision shall have corresponding evidence to support. However, from the file check in notes or transcripts of the scene, police seized gambling is reflected not out 500 yuan is a participation in gambling gambling, or it does not reflect 500 yuan is so and so, at the same time, the interrogation record Moumou also did not ask their participation in gambling gambling money much, only ask what gambling code size? A smoke red? You are gambling illegal not illegal? What, is to ask how much money. Read this file, to tell you the truth, we check the worry. Because the collected 500 yuan of money no evidence to support, is made in the facts unclear, insufficient evidence. What are the reasons for this situation? Police general said: when we check into it, the scene is very chaotic, so the money in this case it is difficult to judge who is? At the same time, it is also difficult to judge how much money it is the number? So in this case, I suggest a police check to carefully, carefully, to make "detailed inspection record" or "transcripts of the scene", registration of CANDU, gambling, gambling money collection, one by one to distinguish carefully. At the same time, the record of inquiry to ask detailed how to gambling site inspection to confirm each other. Do not distinguish between, in the "inspection record" or "indicated in the transcripts of the scene", issued a legal document by all gambling joint signature.

3, pumping red and other illegal income, often be "forgotten", not to pursue. For example: a case, so the home set gambling, and formulated the pumping red profit condition, who won a pot, so want to withdraw 20 dollars, and the participants have finished 3 pot, so and so has raised 60 dollars. Therefore, from the nature can be seen, 60 pieces of money belonging to the illegal income, according to the acts violating the administration of public security shall be the property of the second paragraph of "Public Security Management Punishment Law eleventh, recovered to return the infringed; if there is no victim, register, public auction or in accordance with national treatment provisions, the proceeds turned over to the state treasury." Provisions, shall be recovered, but not be recognized as money, be confiscated.

Four, about prostitution, whoring cases.

1, prostitution, whoring personnel out is the first several prostitution or whoring, whether there is a sexually transmitted disease; if knowing that they have a sexually transmitted disease and prostitution, relates to the suspected criminal problem.

    2, in the entertainment places of prostitution, also should inquire the relationship between place and sex workers, the place with sex workers have agreed, source and condoms, medicine and other items, to confirm the existence of organizations, places, lure, shelter, the forced prostitution behavior for entertainment services; all housing situation, to distinguish between the situation of assistant. One is if the entertainment business license, shall be penalized in the places of the legal representative, at the same time penalties for the place, issued a deadline ordered rectification notice. Two if the entertainment establishments have no business license, shall be penalized as operators of the premises, according to the State Council "entertainment management regulations" also banned. Attention should be paid to the public security organs in dealing with cases of public security, criminal cases found in the entertainment field all violations of the "Entertainment Management Ordinance" in Fourteenth cases, shall be banned according to law, no need to ban by the Department of industry and commerce.

    3, the rental housing or prostitution in his family, should inquire the lessor or landlord he. The export supply each other.

4, to have payment arrears prostitution case, for money, because of the nature of illegal income, should notice to be recovered. I have seen a case, money has also returned to the man.

    Five, about the theft cases.

1, there is no other illegal or criminal acts and criminal record, because the criminal record of theft cases is an important condition for reporting of reeducation through labor.

2, on the tools to perform procedures for the seizure of behavior, I all, meet the collection condition, the punishment shall be confiscated.

3, in certain circumstances, the stolen items required by the commodity price departments make a valuation appraisal. An appraiser is the main evidence to distinguish between illegal and criminal, but also an important manifestation of illegal plot, but we do not require each theft cases as an appraiser, but not for the valuation of identified cases there must be proof of the stolen items such as evidence of the value, to steal goods small ticket, invoice etc.. As an appraiser must to have one of the following circumstances case:

    (1) the value of the stolen items may reach the criminal standard;

    (2) the parties disagree on the value of the stolen items and valuation appraisal application;

    (3) the unit or the higher authorities that should make the valuation of identified.

4, will be able to prove the value of the stolen items of evidence, such as shopping invoice attached; all money, stolen goods seized should photos attached; the stolen items returned to the victim or victims unit procedures attached.

5, the site can be identified the victim, can directly be theft of property returned to victims, without registration.

Six, about the assault cases

1, inquire whether the use of the weapon, the weapon, the weapon down; if a theft case is coiled, but no weapon in volume, but did not find the case, I suggest that in the last rule book, can make the handling a case police issued prove that work, as well as the tools for weapons violations you lose, search not found.

    2, we should pay attention to forty-three in the second paragraph shall be given a heavier punishment case. For example:Gang beating, harm to others; and repeatedly beaten and hurt other people, or an injury more beatings, etc..

3, between the victims and perpetrators, do not know or do not know the real name of witness and between both parties, if possible, best can recognize, and make the identification record. Organizational identification, should be in accordance with the public security organs to handle criminal cases "program" in the provisions of the relevant provisions of identification.

4, if you need to damage identification. The damage may be slightly above constitute the program and the parties disagree for the damage extent possible, should be timely identification, and identification of the conclusions both inform. Appraisal conclusion for minor injury to be punished for minor injuries, such as above shall be investigated for criminal responsibility according to law or inform the private prosecution.

The above is a common problem in public security cases and method how to deal with some common cases. Here, I talk about the criminal case.

 

 

Two, about the common problems in criminal case

About the criminal case problems, I want to talk about the scope of criminal record inspection of law enforcement evaluation. In 2005, according to the Ministry of the law enforcement practice, the scope of criminal case evaluation as the wide range adjustment. The man in the process of investigation of criminal cases as the appraisal scope narrowed further, define the focus of the appraisal, is in the bail cases, not to file the case, criminal demoted to the administrative cases, the scope of this case as the scope of law enforcement evaluation. The prosecution or under criminal detention or arrest, part of the case, we would not be checked. However, if the future criminal detention or arrest, the case for further investigation is necessary to coercive measures to bail, then such a case or to be included in the scope of law enforcement inspection. Such modifications, we mainly from three aspects to consider: on the one hand, is in custody time criminal detention, arrest cases Co., cases in tension in the process of investigation, if we check, is bound to affect the case investigation. The second is to have been transferred to the prosecution, even may exist some program issues or problems in evidence files, so even if there are words, because the case has been transferred to the prosecution, the public security organ, the investigation has been completed, such cases are successful cases, is also not suitable for us to carry out checks on the these cases. Third, bail over the scope of cases, always check in, we think there is the most problem. Paul without trial, randomly withdrawing, the random confiscate the deposit etc. generally, therefore, we integrated the above consideration, we will examine the scope of criminal cases done relatively large adjustment.

Then, from the scope of the current inspection of law enforcement, law enforcement problems, type I from before and after the treatment procedures cases and combined with the compulsory measures to give you up:

Jurisdiction over a case, existing problems.

Mainly in the public security organs should not be the case on file for investigation by the public security organ for investigation. These cases often involved in cases of economic disputes, the public security organs as the recovery of arrears role, at the same time, once the arrears to hand, the suspects will be released on bail pending trial, then the case entered not investigation status, also is the case is settled. In fact, in such cases, whether to belong to the economic disputes, the unit is also very clear, especially in some cases from the files, dispute the two sides have a direction of civil court. Therefore, in such cases, we should be severely penalized in check. However, because of the grass-roots public security organs in handling cases in the process of driving is often affected by some local factors or by economic interests, and not have to deal with such cases. I think, to some extent, I also understand the grass-roots public security organs, but I would like to remind you, for that interfere with economic disputes, we must first have the two principles: one is never in arrears to hand, muddleheaded money returned to the victim, be sure to dispute the facts to investigate, determine the amount of return does not appear error condition, and then proceeds to the victim restitution. In accordance with the relevant provisions of the Ministry of public security and the economic crimes, shall be returned to the victim for the money, in principle is also should be in the court of first instance trial finished to return. Because if the fact that there is no clear investigation, the money has been returned, once appear problem, return the wrong, the public security organ to be not so easy. It is not good to appeal to both parties. The second is money has already been returned, the parties have been released on bail pending trial, can be said that the public security organs aim has been reached, the money also aim has been reached, so in this case, it shall transfer the case to revoke, at the same time, in the case of property seized and returned to the criminal suspect. If the case is long time drag not knot, also detained property does not return, our public security organs are also easily become petitioners object.

Two, subpoena, query and the rights and obligations of this aspect of the problem.

1 summons not detained, arrested suspects, victims, witnesses and about the case without legal form. The criminal procedure law and the "public security organs for criminal cases according to the provisions of" program, summoning criminal suspects, the public security organ at or above the county level shall be responsible for the approval of the person served notice, "summoned", the criminal suspect in custody, shall order the "notice" in the call sign, fingerprints, fill in the attendance time. To inform the witnesses, victims to the public security organs to provide testimony, must use a notice of inquiry. Here, I want to emphasize is, not all of the call, ask need to use "summoned" or "Notice of notice of inquiry", the above legal documents for criminal suspects, witnesses, victims to the public security organs to provide testimony interrogation or request; if asked his work unit or residence interrogation or ask the public security organs, investigation personnel to produce documents, is also the police ID card, can be directly to ask, do not need to make "summoned" or "Notice of notice of inquiry"; the criminal suspect, witnesses, victims of the initiative to the public security organ to provide testimony, also do not need to make the above legal documents. But in practice, the illegal oral subpoena, It is often seen. oral requirement questioned phenomenon. For oral subpoena, not by the statutory procedures summoning criminal suspects, especially the first interrogation not according to the law of dangers, criminal suspects, defendants are easy after the criminal suspect is voluntarily surrender that. To close this loophole, suggests that investigators should according to legal procedures summoning criminal suspects, can also be used to take notes in the form of interrogation, clearly inform the suspect "you suspected * * crime, was called" the public security organs in accordance with the law, and shall be noted in the record mode to confirm each other.

2 inform the procedural rights of criminal suspects are not comprehensive or did not inform the suspect should enjoy the right. According to the provisions of the criminal procedure law, criminal suspects in the investigation stage of the litigation rights are: (1) self defense right; (2) the right of complaint; (3) check record right; (4) the right to hire a lawyer; (5) that the appraisal conclusion right; (6) the use of the national language (right; 7) refused to answer right; (8) require withdrawal right; (9) requires that the legal agent here right; (10) the arrested suspects have the right to apply for bail. At present, because of our province in the specified in the service "to inform the suspect the rights and obligations of this book" system, therefore, the main problem is not timely inform investigators in accordance with the law, served notice of the problem, namely the suspect to take coercive measures in the first interrogation or at the same time, did not inform or served "criminal suspects rights and obligations this book".

3 inform the witnesses, victims' litigation rights is not comprehensive. The witness in the investigation of the litigation rights are: (1) the use of the national language rights; (2) check record right; (3) the right of complaint; (4) the right to confidentiality requirements. In addition to the first three victims rights enjoyed by the witness, there are: (4) that the appraisal conclusion right; (5) require withdrawal right; (6) require legal agent to the right. In practice, our investigators told the witness, victim's rights issue, tend to ignore the rights of criminal suspects, there is great importance to inform, ignoring the rights of victims, witnesses told the problem, not in accordance with the law "the rights and obligations of the witness of this book" and "rights and obligations of the victim notification" timely delivery or non delivery.

4, to the juvenile criminal suspects for questioning, it shall notify the guardian to without notice. According to the "Regulations" for the public security organs, the criminal case procedure 182nd the provisions of the first paragraph, the interrogation of juvenile criminal suspects, in addition to impede the investigation or not notice, each interrogation shall notify the guardian to the guardian, including minors crime suspect's parents, including juvenile suspect teacher.

In three, criminal detention measures

For the common problem of detention, mainly in the:

1, to have decided to criminal detention of criminal suspects not promptly sent to the detention center, but the suspect is still in custody in police brigade or police station. This problem, is more serious, but also very prone to problems. Because if there is no suspects will be detained in prison, no supervision and preventive detention of criminal suspects, hand to Dutch act, self mutilation, escape, at the same time, the case handling units torture to extract confessions without effective supervision and restriction. For this problem, we examine is how to find, I might as well tell you. On the one hand, we can check the interrogation record of interrogation locations, on the other hand, we can to the detention center, one by one check.

2, decided after criminal detention within 24 hours, not according to the law on criminal suspects for questioning. "Regulations" criminal case procedure prescribed in article 107th "for the detainees, the public security organ shall, within twenty-four hours of detention in the interrogation after. That should not be detained by the public security organ at or above the county level, responsible for approval, issued "notice" release." However, from the examination, a case, because the case handling personnel work of randomness, resulting in criminal suspects detained not timely for questioning.

3, to extend the detention period to thirty days for error, mainly in the applicable object of illegal. "Criminal Procedure Law" sixty-ninth article second paragraph "for people who commit crimes, repeatedly commit crimes, gang crime suspects, the time limit for submission and approval may be extended to 30 days". Therefore, the object detention for thirty days, in accordance with the law, only three, is to flee hither and thither, repeatedly committing the crime, gang crime. However, in most cases, law enforcement, if take criminal detention measures, basically is 30 days. So, we can say, in this regard, extended to 30 days detention is wrong. In fact, in this regard, from law enforcement practice, general detention time of only 3 days, the complex is only 7 days, time is tight, but also not too appropriate law enforcement practice, from the Ministry of public security is to modify the criminal law point of view, this time to extend the relative. In addition, I would like to explain what is "people who commit crimes", since we check to see, "people who commit crimes" some abuse in the actual law enforcement. "People who commit crimes", refers to the criminal suspect cross city, county jurisdiction for the crime, or in the residence after committing the crime of escape to outside the city, county to continue. For a criminal suspects from their residence to steal another county crime number, this situation does not belong to the "people who commit crimes, and the crime" is generally not considered as "people who commit crimes in the districts of the city districts".

4, notice of detention is not delivered within the prescribed time limit; not delivered within 24 hours, do not specify the reason. This problem, relatively simple, I will not detail the.

5, criminal detention date calculation is often found the wrong. According to the "Criminal Procedure Law" article seventy-ninth, in the period or date calculation, the start of the day and not counted as within the time period, while the second or from the period beginning starts the next day. However, we often found in the inspection of law enforcement in some criminal detention date calculation errors, especially relates to the extension of the detention issue, often found less a problem calculation. Here I give two correct examples: one is: "the decision of the public security organ on suspicion of theft suspect Wang Mou criminal detention for three days, in July 20th 16, when the detention time expires?" Answer: according to the "Criminal Procedure Law" provisions of article seventy-ninth, guilty suspect Wang Mou in July 20th by the implementation of criminal detention, the detention time from July 21st 0 to start the calculation, due July 24th 0. Two is the "extension of the detention period calculation". For example: or criminal suspects Wang in July 20th was criminal detention, beginning from the second calculation, the expiration date of July 24th; if the extension of the detention of 4 days, the expiration date of July 28th; if the extension of the detention to 30 days (from April 4th extended for 27 days), because there are 31 days in April, the expiration of the time limit date of August 19th.

Four, about the existing problems in the bail measures

On the existence of bail cases, from the inspection situation, mainly is the scope of bail system error, obtaining a guarantor pending trial and error, the legal basis for bail the starting date calculation errors, bail notice did not send the execution unit, the criminal suspect to breach of bail provisions, shall be the guarantor punishment without the guarantor punishment, guaranteed pending trial gold beyond the scope of examination and approval, confiscate the deposit of insufficient evidence, bail after not to continue to carry out investigation work.

First talk about the bail application range error problem. For the bail application scope, criminal procedure law and the public security organs shall handle criminal cases are given explicitly, mainly in the circumstances of the crime is lighter, can not obstruct the investigation, no social risk etc.. Although these criteria need to local law enforcement agencies in the process of law enforcement to distinguish and grasp, but to harm the violent crime of relatively high, generally should not be released on bail. For example: we found some suspect alleged rape, recidivism crime case in check, for such a crime suspect, should not be mandatory measures taken bail.

Second, obtaining a guarantor pending trial and error problem from the legal basis for the. On bail for reasons and legal basis, the provisions of the criminal procedure law of more complex, need according to different circumstances, apply different basis. However, we found that some places in the inspection, no matter what the situation of guaranteed pending trial, all 51. In fact, this is wrong. For the problem of guaranteed pending legal basis, I summed up the look for everyone to talk about in detail, in accordance with the applicable conditions and circumstances different, in the "criminal law" the first paragraph of article fifty-first, article sixtieth paragraph second, sixty-fifth, sixty-ninth, third, seventy-fourth, choose different legal basis. (a) law of criminal procedure fifty-first.   For the following two situations: (1) may be sentenced to public surveillance, detention or independent additional penal apply; (2) may be sentenced penalty above, take bail would not endanger society, is the first paragraph of article fifty-first. For example: the facts have been ascertained after criminal detention, if the suspect in accordance with the provisions in the first paragraph of article fifty-first, paragraph 1 shall apply fifty-first. Obtaining a guarantor pending trial by fill in separately as: "may be sentenced to public surveillance, detention or independent additional penal apply", "take bail would not endanger society".  2, sixtieth. Should be arrested the suspect, the defendant, if suffering from the serious disease, or are pregnant, breast-feeding her own baby, can take bail or residential surveillance. Can be used "criminal procedural law" the second paragraph sixtieth. 3, sixty-fifth. 2, the detention of criminal suspects, the evidence does not meet the conditions for arrest, applicable "Criminal Procedure Law" article sixty-fifth, namely: the public security organ for detainee shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate. The need for arrest and the evidence is insufficient, can be released on bail pending trial or for residential surveillance. 4, sixty-ninth. After the arrest,'s Procuratorate does not approve the arrest, need to review, review. Can be used "criminal procedural law" the third paragraph sixty-ninth, or the people's Procuratorate shall, after receiving the request for approval of arrest from a public security organ within seven days, to approve or disapprove the arrest decision. The people's Procuratorate does not approve the arrest, the public security organ shall be released immediately after receiving the notice, and the implementation of timely notify the people's procuratorate. If further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.5 seventy-fourth. The criminal suspect in custody cases, it cannot be completed within the statutory time limit, further investigation is necessary, can be used "Criminal Procedure Law" article seventy-fourth, namely suspect, the accused in custody cases, not in custody, in the investigation of the provisions of this law, a trial period of review and prosecution, trial Banjie, need to verify, the trial, the criminal suspect, the defendant can bail or residential surveillance. Finally, to repeat, is for the different conditions of bail, need to apply different legal basis.

Error calculation of third, bail the starting date. The starting date of bail is from the second day decided to bail to commence. The legal basis is the 79 section second of the criminal procedure law, which began during the day and not be counted as within the time period. Please remember.

Fourthly, the bail notice did not send the execution unit. In practice, the bail cases, implementation of bail authorities are often not the decision-making organ, for example: after police detachment decided to suspect bail, the executing organ shall be suspect of the local police station. Therefore, the bail, the unit shall, according to the provisions of criminal cases "program" eighty-seventh "the decision of the public security organ of bail, it shall timely notify the police suspect residence execution", namely the bail should be notice. But check a considerable portion without delivery. So, without the service supervision and examination will directly affect the implementation of the criminal suspect, the suspect in the unsupervised state.

Fifth, not to the bail surety for review. According to the "Criminal Procedure Law" provisions of article fifty-fourth, the guarantor must review the following conditions: not involved in this case; the ability to perform warranty obligations; enjoy the political rights, not subjected to restriction of personal freedom; have a fixed residence and income. Therefore, whether can be used as a suspect's guarantee, then provide the applicant in the crime suspect, we learned to review, do not meet the above conditions, is not as guarantor. For example: we check often find some cases will be no fixed income, such as in the home farm women as the guarantor, and in accordance with the requirements, this kind of personnel is not in conformity with the guarantee conditions. At the same time, in this case the witness is not as guarantor.

The six suspects, breach of bail provisions, shall be the guarantor punishment without penalty for guarantee. For this problem, from the record reflect cases bail form is a guarantee of surety. But the bail, the suspect is missing. Then in accordance with the criminal procedure law to guarantee the people did not fulfill the warranty obligations, should be punished. But in practice, often without treatment on this aspect.

Seventh, guaranteed pending trial gold beyond the scope of examination and approval. The criminal procedure law and criminal procedure law and some legal provisions of bail, bail bond to approve a charge amount and amount of the confiscation, do some principle provisions, "the criminal suspect shall be ordered to pay the higher requirements of amount of margin, subject to the approval of the person in charge of the Municipal Public Security organs". However, from the inspection situation, no matter how large amount of margin, are owned by the public security organ for approval. For example: 100000 yuan deposit some cases for criminal suspects to pay, for such cases, a bail bond to the Municipal Public Security Bureau for examination and approval, and not by the County Public Security Bureau for approval.

Eighth, confiscate the deposit insufficient evidence. In basic terms, confiscate the deposit may be criminal police production brigade or County Public Security Bureau solve a method of handling cases of tension, but also for breach of bail provisions of criminal suspects, the law also may confiscate the deposit. But whether can confiscate the deposit, needs to have the corresponding evidence showing the North bail people in violation of the relevant provisions, also is the suspect in violation of the "without the approval of the organ executing left living city, county; fails to appear in communications when the witness testimony; interference or destroy or falsify evidence, or collusion" etc.. If the files which can not reflect the suspect in violation of the provisions of bail, the margin is not seized or confiscated, once the suspect for review, a higher public security organs have grounds for revocation and opportunity to confiscate the deposit. So, for the forfeiture of margin is generally based on the "in call came not in time to" reason, I suggest that the case handling basic unit to evidence, to prison at work, not on the basis of the one or two summoned not in custody, the margin confiscation. At the same time, for the communications did not appear, the best can be issued a notice, the notice stated the suspect is not in custody, and find the suspect residence neighborhood or community members as witnesses to prove it, the firm can not be proved by our own work will be reflected.

After ninth, bail is not to continue to carry out investigation work. For this problem, is also relatively simple, please case handling units should pay attention to, bail is a kind of coercive measures, not the final measures, do not work, Shengting inspection must be resolutely dunks score.

The above is a common problem of detention, bail measures. Next, I'll talk about some common problems in evidence collection. Also in fifth aspects.

What is the evidence of criminal procedure law, provisions of evidence is the fact that all the facts of the case. Then the evidence what characteristics? There are three main points, namely the evidence must have objectivity, relevance, legitimacy. Then from the files of the case, some evidence does not comply with the above characteristics:

1 to collect evidence, extraction time record is not specific, only a general note, and, on the afternoon or evening, and the specific time is not specified or only indicate the start time, and not specified on the end of time. The criminal procedure law stipulates that the seventy-ninth "period calculated by the hour, day, month". Therefore, a copy of any evidence, we handle a case personnel shall indicate the specific time for the formation of the. The correct statement should be: dated * * * * to * month * date *; in some cases, should also be stated as: dated * * * * is * to dated * * * * when x points, such as detention without criminal suspect in custody.

2 the collection of evidence, not by the statutory form of signature file. The criminal procedure law, "" criminal cases procedure for investigation, investigation personnel shall not be less than two, sign investigators must extract evidence in the collection, record. In practice, our record of interrogation, interrogation record is often a sign of two or more than two investigators, but the two investigators did not non stop signature, often by a person sign two name. At the same time, the audio-visual material evidence, documentary evidence, investigators, some in the production, extraction process, also ignores the record signature. For example: some cases we examined, the investigators in order to collect, fixed evidence, the case process of the video and made of carved disc, but for closing disc made of carved, did not indicate the recording time and making videos of the investigators name, can say, that force the evidence is invalid.

3 the criminal suspect in many criminal facts, but after investigation only part of it is real, not collected exclude confessions in not true part of the evidence. For example: the inspection, we found a theft case, criminal suspect more than 10 crimes. The investigation found that only part of confession evidence, but there are also some statement cannot have the relevant evidence to prove. So in this situation, I suggest that if you really can't find the relevant evidence, the case handling personnel according to the criminal suspect to verify statements for investigation. Because if the suspect all confessions, it can be said that this case is not to prosecute, and even the final trial. Investigation personnel is our last order to prosecution, trial, if the case is not charged, it can be said that, in all our hard work ability, are equal to zero.

4, the suspect, the victim, witness making interrogation, interrogation record, not page by page signatures and fingerprints in accordance with the requirements of. In accordance with the requirements of making criminal legal documents, transcripts of criminal cases by the criminal suspect or victim, witness check without any error, shall be signed by the record page by page (Gai Zhang), fingerprinted, and in the end that "I have read the above record (or read to me, and I said)". To refuse to sign (Gai Zhang), fingerprints, the investigators shall be indicated in the notes. Here, I emphasize one point, after the provincial administrative cases standard volume introduced, some changes have taken place, making administrative case record signature method, in addition to record paper gives different format payments, the suspect, the victim or witness signature style changes. Administrative cases is no longer in the police interrogation record last signature, unified adjust for: Signature respectively in the interrogation record header "asking people" column. This change, we should pay attention to.

4 of the convicted of a crime suspect, stresses the collection, access to the original judgment, the neglect of the certificate of release and prove the criminal suspect release time on the collection of evidence, that the release time of the suspect often rely on the suspect's confession. For this problem, in the original judgment to determine the suspect criminal penalty term has exceeded the recidivism period case, collect only the original judgment practice be without rebuke. But the term in the original judgment in determining criminal penalty term and recidivism intersection case, collect, obtain a certificate of release and prove that it is important to the relevant evidence of criminal suspects release time to identified the suspect whether recidivist. For example: a case in 1995 August, the suspect for a crime was sentenced to three years in 2002, March and criminal should be sentenced to the punishment of sin. According to the original judgment in determining the penalty term, release time should be in 1998 August, the suspect is a recidivist. However, if the criminal suspects in the execution of punishment for meritorious service during the commutation of the sentence for a year and a half, the release time is 1997 February, so in this case, the suspect is not recidivist. Furthermore, according to the law, to determine whether the suspect constitute recidivism, before sentencing penalty is executed or pardon to determine the time, instead of the original judgment shall prevail. This case reminds me of a judicial examination questions. Exam is a multiple-choice questions, one option is to ask: a previous result of crime were sentenced to three years in prison, suspended for two years. Six years and make a judgment shall be sentenced to the crime. So for this option, a compositional the answer is negative, a does not constitute recidivism. Precondition of recidivism is criminal crimes committed before the punishment has been completely executed 5 years, penalty for not performing or executive has more than 5 years, does not constitute recidivism.

Sixth, about the release and legal basis for the case of revocation. In this regard, we also found in the program more prone to problems. First is the legal basis for the release. In a broad sense, the release of the situation is different, the legal basis is different. What is the legal basis I mainly talk about right here:

       1, criminal detention for lack of evidence for the release, "Criminal Procedure Law" article sixty-fifth.

2, because the circumstances are obviously minor and does not constitute a crime, shall be investigated for criminal responsibility or not, for "Criminal Procedure Law" article fifteenth.

3, criminal detention period expires, the need for investigation change to other criminal compulsory measures, for "Criminal Procedure Law" article seventy-fourth.

4, the procuratorial organs not to approve arrest and release, applicable "criminal procedural law" the sixty-ninth paragraph third.

5, in the course of the investigation, found that a crime suspect should not be investigated for criminal responsibility, and to withdraw the case, remove the criminal can be used "criminal procedural law" the 130th coercive measures.

6, only is to take coercive measures properly, need to withdraw and change, to apply "Criminal Procedure Law" article seventy-third, under normal circumstances should try to avoid the use of seventy-third.

7, "Criminal Procedure Law" article seventieth "The public security organs of the people's Procuratorate decision not to approve arrest, think is wrong, it may request a reconsideration, but must immediately release the detainee. If the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review. The higher people's Procuratorate shall immediately review, decide whether to change the decision, notify the lower level people's Procuratorate and the public security organ to implement."

8, "Criminal Procedure Law" article seventy-second The people's court, the people's Procuratorate for their decision to arrest the person, the public security organ for approval of arrest people's Procuratorate of the people, must be in detention after twenty-four hours of interrogation. The discovery should not arrested, must immediately release, issued a release certificate.

9, "Criminal Procedure Law" article seventy-fifth The suspect, the defendant or his legal representative, close relative or criminal suspects and defendants, the lawyers and other defenders entrusted to the people's court, people's Procuratorate or public security organs to take coercive measures to exceed the time limit prescribed by law, have the right to request the cancellation of the compulsory measures. The people's court, people's Procuratorate or a public security organ for criminal suspects, defendants are compulsory measures exceeding the prescribed time limit, shall release the lifting bail, residential surveillance or alteration of the compulsory measures according to law.

Secondly, the legal basis for withdrawal of the case is:

1, "Criminal Procedure Law" Fifteenth article: which one of the following circumstances, no criminal responsibility, have been held, it shall revoke the case, or not to prosecute, or termination of the trial, or acquittal: (a) plot remarkable slight, little harm, not deemed as a crime; (two) criminal prosecution the limitation period has expired; (three) the amnesty punishment; (four) in accordance with the criminal law that crime, tell or withdraw told not; (five) the suspect, the defendant's death; (six) other legal exemption for investigation of criminal responsibility (not bear criminal responsibility according to law provisions).

2, "Criminal Procedure Law" article 130th: in the course of the investigation, found that a crime suspect should not be investigated for criminal responsibility, it shall revoke the case; if the criminal suspect is under arrest, he shall be released immediately, issued a release certificate, and notify the people's procuratorate which originally approved the arrest.

Common problems in mediation finally talk about the case. The main problem is the scope of conditions cases. The Ministry of public security "for the public security organs injury cases stipulated in" thirtieth "caused in civil disputes assault or deliberately hurt others body behavior depending on the circumstances are relatively minor, are not serious enough for criminal punishment, has one of the following cases, with the consent of both parties, in accordance with the law, the public security organ may mediate: (a) between the relatives and friends, neighbors or colleagues because of trivial disputes, both sides are at fault; (two) minor, students assault or deliberately hurt others body; (three) caused by fault behavior is infringement behavior of people by the victim of the ex ante; (four) other applicable mediation to resolve contradictions." Article thirty-first Any of the following circumstances, may not mediate processing: (a) plot to harm others; (two) relates to the underworld organization; (three) defiance and affray of affray; (four); (five) the recidivist; (six) repeatedly hurt others body; (seven) the other is mediation processing. However, our inspection, found in individual cases, query records from the perspective of case suspect, criminal records, then, the suspect is not suitable for mediation of the suspects, which may not be revoked, then mediation premise of investigation in the facts clearly, and the withdrawal of the case. So, in the process of handling injury cases, not only consider the injury results from the nature of the case, to consider the full range of social and harm degree of the provisions, conscientiously implement the laws and regulations.