Today, according to the Bureau of arrangements, in here, I and common learning "police in handling criminal cases which should be pay attention to in the process of problem".

 

   Is a commonplace talk of an old scholar, not lectures, because here the police, quality is very high, many have been handled, or are in the process of some criminal cases, public security actual combat experience is also very rich.

 

   As far as I am concerned, the level is limited, the legal knowledge is also very scarce, the so-called lectures, really don't deserve it. But I want to do, since the Bureau arranged, through this training, also gave me a chance to learn, therefore, in the process of learning, if you have what different views and opinions, we discuss.

   Let's work often say a word, called: "improve the quality of law enforcement". So, in the practical work, law enforcement quality is reflected in what?

 

   It is through the files, through the handling of cases directly to reflect. Therefore, to improve the quality of law enforcement, should be efforts to legal department and we all the police as the goal.

 

   So, how to improve the quality of law enforcement?

 

   Through the case review, case assessment work, especially the last Provincial Corps to us for inspection of law enforcement, we know criminal or administrative, we handle cases are more or less this or that problem, the existing problems, are often some of the details can be avoided, and common. People often say: "details determine success or failure", this word is applied to law enforcement, but also a little too. Can say, the case details determine the quality of handling cases of law enforcement quality.

 

   Therefore, combined with the file material, often appear in criminal cases is summed up, have them for reference, and, in the case of the.

 

   We summoned, search, inquiry relates to production (AP) ask transcripts, interrogation, the juvenile criminal suspects to avoid talk about eleven aspects of inducement, bail, case ends, evidence.

   One, about the "summons".

As for the handling of administrative cases, handle criminal cases also need to "summon", but, you must know: administrative cases summons is "suspects" in criminal cases, and summoned the "suspect", nature is completely two different concepts.

So, what kind of person in criminal cases need to call?

In criminal cases, those who have been placed on file for investigation of criminal suspects, the need forInterrogationOf, as long as the case requires, can suspect "".

 We talk about the program:

(1) fill out the "petition to report".

"Petition" to report include: the case and case, the basic situation of the criminal suspect, suspected of a crime, intends to perform call time and place, legal basis. 

(2) for approval.

Summon, later by the public security organs at or above the county level shall be responsible for the approval of the people, approved, making the case handling department "notice". 

(3) perform summons.

The execution shall be not less than two people. Summoning criminal suspects, the "notice" summoned to the suspect, and ordered the "notice" to sign (Gai Zhang), na.

The suspect to interrogation locations, shallBy himselfFill in the time in the "notice" to summon. Interrogation is over, should also beBy himselfIn the "notice" to fill in the interrogation of the end time.

Refuse to fill in, the investigators shall indicate in the "notice" on. Investigation into action at the end of volume. 

In handling criminal cases, the following problems exist in:

The 1, called irregular. In the performance, summoning criminal suspects, the criminal suspect has not in the "notice" to sign, fingerprints;

2, not in custody and interrogation time end time;

3, the suspect refused to fill in the text did not indicate;

 

  These problems, in the future the case should be avoided.

Special attention should be used in the future, to process, must I fill in the time and the end time of interrogation in custody; computer print don't. Now, some of the comrades graph save trouble, put the suspect in custody and leave time to play on the computer, this not line, this is illegal. We must suspect himself in custody and leaving time, takes legal efficiency.

   Two, search:

   In order to collect evidence of the crime, the crime suspect, investigators can body, articles and residence of the suspect search.

Here, I want to emphasize that making "search record" is often forgotten matters, is: after making "search record", also be the person to be searched or his family members, his neighbours or other witnesses shall affix their signatures or seals, press the. If the person searched or his family members have become fugitives or refuse to sign or seal, press the fingerprint, we shall be indicated in the notes.

In practice, there are search record complete irregularities. Although the search when the person to be searched or his family members, neighbors or other witnesses, and the search was over did not let the staff in the "search record" signatures, fingerprints phenomenon; if the person to be searched or his family members are not present or present it while still refuses to sign, the investigators may indicate. However, "must have the signature of witness search record".

   Three,Talk about making "interrogation":

   Making record of inquiry, the illegal facts investigation should be clear, to the emphasis on interrogation, basic facts don't case has not been investigated clearly, point, direct, which, in the material on the power supply, inducement. Some materials, such as, the investigators suspect, the suspect to the crime fact is not confessed, the investigators that asked: "do you punch the direct hit her in the face?" "You are the first to scold him?" "You stole some wood?" And so on, directly ask for seduction, the suspect's confession.

   Of course, talking about the materials at the same time, we can appropriate to remind him, but you don't have to remind the words into the record, etc. in the case of the facts are known, the need for fixed, stressed, confirm the evidence, then you ask "are you with the fist direct hit her in the face?" "You stole a few logs" and so on, so that the qualitative case, confirm the crime fact that help.

   In addition, some notes and such language: say, ask: what you are because of being subpoenaed to? Answer: I am because the wood was summoned. Then, we ask again? You all how much wood? We can't follow his train of thought, down his language to say, although we all know, he said "the whole" is to "steal" means, however, he is not say stole, theft, but we need the qualitative case, is also necessary to clarify this question, that's the next one ask: you said the "whole" is what meaning? So he said, let's do the work, there is no way, he had to admit, "steal" means, the nature of this case is not what, is theft!

   Some comrades do not understand the nature of the case, also follow his train of thought to ask it, you "whole" how much wood? Very funny. Some, such as the two taxi drivers because rob business induced injury cases, ask: you because what he fight? Answer: because the "pull", this to pull you in the back width (Rob taxi business), such a standard, everyone can understand, otherwise, it knows the "pull" is what meaning?

   In addition, I suggest that you, in the interrogation of a criminal suspect, must make "Outline" interrogation of a criminal suspect, do know the score, you suspect, through this record, want to achieve what purpose? Is the property of fixed case ah or determine the suspect? Still trying to ascertain the facts of the case? Don't make the interrogation record to achieve what purpose do not know, the criminal suspect ideas go, say what to remember what, finally took the qualitative case a film didn't help at all. The final preparation not also let suspects to around in. You say, what is the point of this record you get?

   Made the "interrogation", shall be delivered to the criminal suspects or to read check. If the recording error or omission, should allow the suspect to make corrections or supplementations, and fingerprints. The criminal suspect shall check the correct, should be in the end then interrogation content place that "I have read the above record (or read to me, and I said)". To sign (Gai Zhang), fingerprinted, you also need to indicate in the notes at the end of the. "I refused to sign", or what what, ah, this is a common thing, is not to our attention in the process of handling a case, not lost is the East rasi.

   There are questions (News) record stultify oneself, the same investigator appear at the same time in two the interrogation record, as will his art, cross - (consultation) asked, not very serious, in the case handling process in the future must not appear this kind of joke.

   Four, to the juvenile criminal interrogation of suspects.

   The interrogation of the juvenile criminal suspects, it shall notify the guardian to without notice. This, we now have better.

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 suspectsParents, also including the minor suspectsTeacher. After the interrogation, the suspect at the same time, the guardian in the transcripts of interrogation signed, press printing.

   Five,To take compulsory measures to detention, arrest the criminal suspect shall timely after interrogation.

   "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."

Detention, arrest and from time to time, in order to further confirm the detention, arrest is correct, further verify the facts of the crime, so in detention, arrest within 24 hours, shall be carried out at least once a questioning, that should not be detained or arrested, should immediately release the suspect.

Some materials, for detention, arrest, investigators have not been questioned in twenty-four hours. Although some questioned, but not required, the interrogation process is too simple, not to check the facts of the case to. We must pay attention to in the future.

   Six, to extend the detention period to thirty days is suitable the mistake.

   Mainly in the applicable object is not valid. "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 in thePeople who commit crimes, many crime, gang crime. If not from one place to another, repeatedly committing the crime, gang crime, the law does not allow the use of extended detention time 30 terms, but in the process of handling cases, some comrades are most probably it did not actually happen that, criminal case can be extended to 30 days. This understanding is wrong.

   In addition, I explain what is "people who commit crimes", "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.

 

   Seven, about the withdrawal of the case

   We are handling criminal cases, sometimes in the management process, need to withdraw the case.

   So, to withdraw the case need what conditions?

1, after investigation, found that the case is under any of the following circumstances, it shall revoke the case:

(1) no criminal facts;

(2) the plot remarkable slight, little harm, not deemed a crime;

(3) the limitation period for prosecution of the crime has been;

(4) the death of suspects;

(5) cases of economic crimes, through investigation, twelve months after the cancellation of the compulsory measures of the criminal suspect, still can not be transferred for examination before prosecution or to other treatment;

(6) the other investigated for criminal responsibility according to law.

So, to withdraw the case must also go through a procedure, must also make "petition to withdraw the case report", the public security organs at the county level or above shall report to the responsible person.

 

   Then, the "to withdraw the case decision" to let the suspect, signed, dated, stored in the file. The death of suspects by their families.

  So, as long as it is consistent with the conditions of the withdrawal of the case, the case after the withdrawal, must make "the decision on cancelling the case", the administrative case, to administrative cases, the preservation of archives preservation of filing. Here, I emphasize, criminal case to the administrative punishment, must first withdraw criminal cases to make administrative punishment. Reflected in the dossier, that there must be "the decision on cancelling the case" attached to the book.

   Eight, to work on bail in question.

   Bail, is refers to the public security organ in order to prevent the suspects escape detection, the criminal suspect shall be ordered to provide a guarantor or pay a certain margin, guarantee they can't escape or obstruct the investigation, and a kind of compulsory measure becking call. We must pay attention to the use of bail at:

One is to strictly abide by the bail conditions, can not exceed the scope of use, especially for explicitly prohibits bail, not bail; you like, the recidivist, crime, criminal of the crime of endangering national security, violent crime suspects, and so on, can't bail.

Two is to strengthen the supervision of the people was released on bail, not to suspect bail, you relax regulation, through, it can not, but in this period, to strengthen the supervision of guarantor pending trial, at the same time, to strengthen the evidence collection, investigation, not to "protect" generation of "investigation", and without investigation, in order to protect the closing.

   A few case handling units in the case that a certain extent or case handling work no progress, with the detained or arrested the suspect instead of investigation to take "bail" way, not to continue to work, no investigation activities, new way, violates the original intention of guaranteed pending trial and law. Is reflected in the volume, since make bail decision, no work records, ah, that is not.

   Nine, about the investigation instruments.

   The conclusion of the investigation documents investigation department of the public security organ of the case on file for investigation, the investigation should be made after the end of the document. "Criminal Procedure Law" provisions of article 129th, the public security organ shall be the end of the investigation of a case, the facts are clear, the evidence is, fully, and write the prosecution of submissions, together with the case file and evidence, shall be handed over to the people's Procuratorate at the same level. So, when a criminal case, the prosecution stage, must make "the case investigation report", so how to make "case investigation conclusion report"? A model for making detailed in "and making use of" criminal legal documents of public security organs, including the header, body, the basic circumstances of the criminal suspect, source of cases and detected after, suspected of crimes, and so on, this book has detailed production, we go back after a good look at.

   Ten,The relationship between a suspect in the common crime.

   In the process of conducting criminal cases, for the case of joint crime, must will participate in the joint crime suspects in the crime by the role, the relationship between the primary and secondary status, find out, to see who will stick out a mile materials.

Some interrogation materials, the relationship between not ascertain suspect. Reflected in the material is, the suspect evade the crucial point between the facts of the case part, there is a mutual prevarication, offensive and defensive alliance, hide, investigators on the position, the suspect in the case in the role and responsibility is not clear. Due to the facts of the case did not find out, ready to accept either course applicable law. This won't suspect plays role in the case, will confuse the facts of the case, the qualitative, the prosecution of the case also won't help.

   Eleven,On the evidence

   We often emphasize in handling criminal cases, the weight of evidence, to, investigation and study, then, what is the evidence? As we all know, evidence, refers to all facts that prove the true circumstances of a case. There are seven types of legal evidence, material evidence, documentary evidence, testimony of witness, the statement of the victim, criminal suspects, defendants confession and exculpation, expert opinion, the inquest, inspection record, audio-visual materials.

So in the case of the process of how the judge to review evidence of authenticity?

The judge to review evidence of authenticity to the following three aspects:

1, to see whether the sources of evidence clearly;

2, to see whether the evidence is true;

3, to see whether the method of collecting evidence, keep compliance with statutory

Procedures, forms the legality of evidence.

   Therefore, in the examination and judgment of evidence in the process, must pay attention to review a collection, fixation methods and procedures are legitimate, especially to pay attention to whether the torture to extract confessions or other acts of illegal collection of evidence. Don't in order to crimes of torture to extract confessions. 　　

   A recent case, Zhao Zuohai in 1999 for Zhao Zhenshang after missing the village found a headless body was arrested in 2002, was to intentional homicide sentenced to death, 2 years of probation. In April 30, 2010, Zhao Zhenshang returned to the village "victim"; in May 9th, the Supreme Court of Henan province held a press conference, Zhao Zuohai finds that the homicide Department misjudged case, acquit Zhao Zuohai, at the same time start the accountability mechanism.

  In another case, in January 2, 1994, she lost missing wife Zhang Zaiyu suffering from mental illness, Zhang's family suspected as Zhang is the husband killed. In April 28th the same year, She Xianglin was arrested on suspicion of murder, of First Instance sentenced to death, deprived of political rights for life. In September 22, 1998, She Xianglin was sentenced to 15 years in prison. In March 28, 2005, she wife Zhang Zaiyu suddenly returned from Shandong to Jingshan. In April 13th, Jingshan County People's court re trial, convicted of She Xianglin innocence. To this end, the Ministry of Public Security issued on the exclusion of illegal evidence regulations of torture to extract confessions, the evidence will not be used as evidence, accordingly, to collect evidence on the investigation of cases is essential. We had better go back to see more of "enforcement rules" of public security organs, where the case handling procedures, in what jurisdiction, applicable article, paragraph, the detailed provisions. Is a good guide in case we do. The above, some problems found in the examination, Provincial Corps in check, summary is not overall, still hope everybody.

Let's call it a day. Thank you!

 

 

  In recent days, not the Internet, thoughts and stiff, but never beat some text, as if living without what, so now the "bit text big training" knock on this, to commemorate.