On the basis of the principle of presumption of innocence about the importance of criminal technical reconnaissance

The four session of the eight people's Congress amended the "Criminal Procedure Law of the people's Republic of China from beginning to end" runs "presumable innocence" principle. The suspected crime, is refers to because of insufficient evidence, cannot be accurately identified the suspect or the defendant guilty; from another perspective, is suspected of being guilty, because of the facts of a crime are not clear or the evidence is insufficient, not enough to prove his guilt. The Criminal Procedure Act 162nd provisions of the third paragraph: "the evidence is insufficient, not the defendant is guilty, should make the lack of evidence, the facts of the crime accused cannot be established the not guilty verdict." This fully shows that China's criminal litigation system has been further refined, reflects the will of the masses, but also that of our determination to fully respect human rights and international law. It will be to protect innocent people from "criminal law" accountability, prevent plays a very important role of miscarriages of justice occurred.

One, the principle of presumption of innocence, to criminal technology work put forward higher requirements more strict

The principle of presumption of innocence is implemented, increase the pressure to the criminal investigation department. Originally, the evidence of the crime suspect is not sufficient, criminal investigation departments to take measures for review, further investigation and evidence collection. The modification of the "Criminal Procedure Law" after the implementation, as long as the evidence of the crime, criminal investigation department in summoning criminal suspects detained for 12 hours or 24 hours after, cannot continue to review the. Therefore, before the review of criminal suspects, it seems particularly important to collect criminal evidence. With the development of science and technology, fundamental changes have taken place in criminal activities, whether from the means of crime or crime strategy, have risen to a new level: crime intelligence, group technology crime, occupies a large proportion, the leave no trace, destroy the scene, after committing the crime of destruction of evidence, so that more and more difficult to extract evidence, the traditional Mopai object, process instance suspect a mode of detection is very difficult. Criminal investigation department faces new challenges.

How can a criminal investigation departments to adapt to this new situation? How to meet this challenge? Have no choice, only one way, that is to rely on criminal technology.

Criminal technology work and its main purpose is to collect evidence. It in the criminal action, always plays a very important role. In recent years, the city of criminal technology work played a "pillar" role in the reconnaissance investigation work, provides a lot of valuable evidence not only for reconnaissance of criminal cases, and the use of technical means to direct cracked a large number of serious cases. In 1994, Department of criminal technology in utilization of trace material evidence plays a role in the crime in 1454, direct case since 298, the detection rate was 14.2%, of which 143 special cases; in 1995 the use of trace material evidence plays a role in the crime in 1575, directly break the case 214, the detection rate was 11%, the special case of 162; in 1996 the use of trace material evidence plays a role in the crime in 1497, technology broke straight serious case 168. For example, in April 95 Xiangtan Hekou town 6 years old female student Liu X be raped and killed, found the suspect Deng, Deng refused to recognize situation, forensic autopsy cases inferred from Deng may have fingers in process, nail clipping inspection to Deng, from nails dirt was detected in the precocious vaginal epithelial cells, which confirmed that Deng's crime.

"Weight of evidence, not Confessions" has always been our handling of the principle, but in the concrete implementation process, some case handling units failed to completely according to this principle, some only confessions and no objective evidence of criminal suspects sentenced, produced a number of miscarriages of justice. "Criminal Procedure Law" forty-sixth stipulates: "for all the cases are to be sentenced to the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is sufficient and reliable, can be found the defendant guilty and sentenced to a criminal punishment." This fully affirmed the objective evidence of the role, but also the objective evidence of the status of a major increase in. There is no objective evidence cannot be convicted and has been known.

"Criminal Procedure Law" the six kind of evidence the original increased to seven, which involves criminal technology sector evidence up to as many as four -- material evidence, documentary evidence, identification conclusion, investigation, inspection record and audio-visual materials. This shows that the criminal technology work is an important way to collect objective evidence of a crime, but also an important way for the guilt or innocence of suspects to the Court confirmed, play a decisive role in criminal proceedings. Increasing evidence and the implementation of the principle of presumption of innocence, the actual to criminal technology work put forward higher requirements more strict.

Two, hinder the development of criminal technology problems

The criminal technical equipment obsolete, technical cadre personnel tension, staff quality, technology funds equal to actual fighting crime far, seriously hindered the development of criminal technology.

1, criminal technology investment is low, equipment is backward, slow the pace of infrastructure. In recent years, bureau of Criminal Investigation Detachment in the funds more tense circumstances, has invested nearly 40000 yuan to update the photograph, photographic equipment, add on technology equipment, Xiangxiang City Public Security Bureau in the financial situations of tension for 96 years, but also out of 30000 5000 yuan of funds to buy a Panasonic camera, 3 Ricoh camera and a computer, to improve the criminal technology work, provided the material conditions to obtain evidence of the crime. Other relevant units also have a corresponding input, but is still low, the lack of stamina. At present, the PUC forensic traces two professional equipment for the use of less than 50000 yuan, a camera purchased 8 years ago, is now aging, not running, the major and important cases, also must have the aid of branch of the camera. Each county (city), branch of the situation is not very optimistic, their equipment is very few, even the microscope can not be used, ABO blood test is very simple also cannot.

2, the technical team is not stable, low treatment. The public security departments of criminal technology system in my city, City Bureau forensic traces of only 2, technical personnel 4, including 1 patients with cancer hospital treatment, poison laboratory technician 1, due to rotation, is now down to the Lake Branch of the police brigade. Each county (city) branch is approximately the same, such as the Xiangtan County Public Security Bureau, no poison laboratory technicians, 3 forensic in 1 more than 50 years old, and a variety of diseases, to cope with the field exploration; the other 1 forensic just from a hospital in the town of transfer, business is not very familiar with, prospecting field can not alone. Trace 3 technicians, 1 long-term hospitalization, 1 from the school assignment. In this case, there are some criminal technical personnel were transferred to other units, the technical team is not stable. Just get the experience people have not had time to play its role, is transferred to other jobs, causing unnecessary losses. Investigate its reason, is the criminal technical personnel low salary, caused by the technical staff of the psychological imbalance; technical titles not long-term solution, caused by the technical staff sense of loss; some people think that dry criminal technology work disability, eat not to open in the community, resulting in the technical personnel of loneliness; otherwise the economic tide, and the influence of the society's "all money looking towards the" concept of criminal technology team is caused by a factor of instability.

3, the low quality of technical personnel. At present, the criminal technical personnel in most parts of China's professional quality is not high, compared with the advanced countries, the overall level of criminal technical team in China is still in a backward state. Some technology and scientific research projects, overseas already in practical case application of 10 years or even decades, we have now started to be used for test case, some even are still in the experimental stage. For example, 10 years ago, America criminal technology sector began in the hair shaft "fingerprint" research, and our country so far, only the Liaoning Provincial Public Security Bureau Criminal Science to carry out the project, even the Ministry of public security have not carried out. The team of criminal technology I public security system existing staff 25, including forensic 8 traces, technical personnel 15 people, the poison laboratory technician 1 people; from education, college degree or above accounted for only 24% of all people; from the perspective of the professional school, 6 college degree or above. Technical personnel professional counterparts only one. Most of the professional and technical personnel selected from grassroots to their training course organized around the city after induction. In recent years, in addition to the forensic laboratory, in several short-term training courses, and other technical staff have not participated in the system of higher learning class. The result of such a situation: many of the big site can not be timely exploration, many could have been at the scene to solve the problem, only left to send Bureau Inspection, and leads to many avoidable problem.

Three, criminal technology work how to adapt to the new situation

"Evidence of the crime criminal law" requires the criminal technical departments to be more rapid, more direct, more accurately provide the suspect. How to adapt to this new situation? The author thinks that:

1, fully understand the science and technology is the first case of force, increase the technical inputs to the criminal.

Science and technology are productive forces is an important point of the Marx doctrine, Comrade Deng Xiaoping put forward on the basis of "important thesis of science and technology is the first productivity". The importance of science and technology is demonstrated in the development of modern society. At present, the criminal technology sector is facing serious challenge increasingly complex security situation and criminal activities, strict requirements of criminal intelligence, scientific and legal system construction, is bound to the criminal technology work put forward higher requirements more strict. If we are indifferent, beat will not keep up with the times. Therefore, we should seize the opportunity, to create conditions to speed up the pace of development, criminal technology, with the eyes of development, strategic vision of criminal technology work to increase investment.

2, to strengthen the ideological education of criminal technical cadres. To strengthen the ideological education, improve the criminal technical staff thinking and understanding, so as not to blame everyone and everything but not oneself, establish all for handling services, all correct world service for people view. The existing technical conditions, poor physical condition, the criminal technical personnel should not remain stagnant, Maisanyuansi, but should make full use of the existing condition of equipment, give full play to the initiative and technical personnel itself; on site, the body should be patient and careful inspection, not afraid of hardship, not afraid of dirty rotten, do not let spider Ma trace; urgent case handling units of anxious, want to case handling units are thinking, from the relevant information to deduce unknown crime process, further confirmation from the crime evidence and extrapolate possible, make it become to determine reliable evidence of the suspect, make every attempt to the service unit.

3, must improve the whole criminal technical team of professional quality, improve the overall level of criminal technology team.

First, we must attach great importance to the leadership, selectively organization criminal technical personnel to participate in a variety of short-term, long-term training, refresher courses, formed a kind of system, every criminal technical personnel at least every two years to learn a. At present, the Ministry of public security, the relevant institutions and scientific research units have different levels of training and refresher courses to choose from, to accept the new theory, new knowledge and new skills.

Second, the criminal technical personnel must have a high sense of responsibility, to continuously update the knowledge. For example, in the existing funds, personnel, conditions under the condition of insufficient, not just by going to training, improve service levels, but also by learning to improve their knowledge level, can help and learn from each other, improve themselves constantly in practice.

4, stable technical team, improve the treatment, to join the competition mechanism. It is the common problem of technology team instability, various low salary. Therefore, stable technical team, give full play to their potential, must improve their political status and economic benefits. In addition, the introduction of competition mechanism, set up sales; some "professional technology award" or a case of a prize, and as a promotion, upgrade the basis; no special circumstances, not easily change their professional work, if the promotion, still should be responsible for professional and technical work of the original.

5, strengthen between criminal technology, professional technical personnel and the criminal investigators, case handling units cooperation, give full play to the subjective initiative of their own, improve the detection rate. This cooperation, conducive to communicate information, exchange of experience.

6, the criminal technical personnel must be in accordance with the provisions of the "Criminal Procedure Law", make investigation and inspection in accordance with the statutory procedures. The suspect to some unfavorable public inspection, in spite of the leadership agreed to, can take the stealing means, but not directly available to the court as evidence, if must use, should make the appropriate procedures to collect the evidence into legal evidence. Improper evidence of illegal evidence, even to the court, can not play its due role, or even run counter to one's desire.

7, efforts to develop reconnaissance personnel comprehensive collection of evidence consciousness. The scouts can not focus only on the testimony of witnesses, stating the statement of the victim and criminal suspects, but also pay attention to protect the site, keep the original, Eli technician perambulation.

8, the criminal technical personnel to participate directly in the case, this is the most direct and effective way to extract evidence. Because many investigators do not know the criminal technology, concept of protecting evidence, protect the scene of the relatively weak, making some available evidence was accidentally destroyed; some evidence because extraction method is not reasonable, losing its use value; and due to the transport process caused unnecessary losses. For example, a public security organs of the masses to report a missing persons case, investigators in the technical staff in the circumstances, the suspicious blood from the wall scraping samples, results for mixed with too much mud and sand, and the evidence of loss of test condition, which can not be finalized. Criminal technical staff directly involved in the case, you can avoid this situation, which will not be necessary to minimize the losses.

Above all, there must be no place to start, this article, in order to make a better, criminal technology work to solve service for reconnaissance, "timely, accurate, detailed, objective" to provide evidence of crime suspects, in order to reduce the "crime" of the show.

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Note: This article was named the first prize of Xiangtan Municipal Public Security Bureau in 1997.