Police in handling legal, regulations and application of criminal cases

                             --------------- Zhao Fengchun

 

The construction of the rule of law China, request the traffic police in handling criminal cases to enhance the legal thinking, and handled the case strictly in accordance with the law. The new criminal law implementation will respect human rights and protection of human rights written in general, is a concrete manifestation of the implementation of the constitution. For the protection of the criminal law, implementation, execution, January 1, 2013 "public security organs to handle criminal procedure" synchronous implementation. With the practice of traffic police in handling criminal cases, summed up the laws, regulations and provisions of the understanding and the application in practice, so that the traffic police to handle under the jurisdiction of the criminal case, let the people better grasp and understanding of the law, criminal litigation, to better safeguard their legitimate rights and interests. In practical application, the law in the original shall prevail, application part is for reference only. Because of the limited knowledge, mistakes can hardly be avoided, please friends criticism.

One, traffic police in handling criminal cases

(a) species and criminal law basis

1 traffic accident crime, the crime of dangerous driving. Prophase may need investigation has dangerous driving on suspicion of the crime of endangering public safety, the victim can not be salvage death or severe disability on suspicion of intentional homicide, the crime of intentional injury, road accidents alleged negligence causing death and injury crime. With the investigation of the case, the case processing of perverting the course of justice and.

 2 article 133rd of the criminal law: violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses to public or private property, is less than three years imprisonment or criminal detention; traffic accident or other special circumstances of the poor, more than three years to seven years in prison; death caused by escape, department for more than seven years in prison.  Drive a motorized vehicle on the road racing, if the case is serious, or in the way of drunken driving motor, detention, and shall also be fined.  There are the acts mentioned in the preceding paragraph, which also constitutes another crime, in accordance with the provisions of punishment heavier punishment.

(two) less than three years imprisonment or criminal detention of judicial interpretation

Article second of the traffic accident is under any of the following circumstances, is less than three years imprisonment or criminal detention: (a person) in death or serious injury by more than three, negative or the primary responsibility for all accidents; (two) the accident death more than three equally, responsible ; (three) the property of others caused public property or direct loss, negative accident or the primary responsibility, no compensation in the amount of three hundred thousand yuan.

 Traffic accident injuries to more than one person, negative accident or the primary responsibility, and has one of the following cases, the crime of traffic: (a) to drink, drugs and driving motor vehicles; (two) driving a vehicle without a driving license; (three) that is a safety device failure or safety malfunction of motor vehicle while driving; (four) scrap is clearly no license or driving a vehicle with; (five) the serious overload driving ; in order to avoid legal action from (six).

(three) three to seven years in prison judicial interpretation

1 third "escape after causing traffic casualties", refers to the act of the first paragraph of this article explained second and second (a) and (five) one of the circumstances prescribed in item, after the occurrence of a traffic accident, in order to avoid the punishment of the escape behavior.

 2 fourth traffic accident has one of the following cases, belonging to the "odious cases", three more than seven years of fixed-term : (a) more than two people killed or injured more than five, negative accident or the primary responsibility;(two) the death of more than six, the same negative accident responsibility; (three) caused by the direct loss to the public property or the property of others, negative accident or the primary responsibility, no compensation in the amount of six hundred thousand yuan.

(four) for more than seven years in prison judicial interpretation

Fifth "escape from death", refers to and escape behavior in order to avoid legal action after the traffic accident, the victim died because they were unable to rescue.

After the traffic accident, person in charge, the motor vehicle owner, contractor or passengers who ordered the perpetrators escape, causing the victims died because they were unable to rescue, shall be punished as an accomplice to the crime of causing traffic casualties.

(five) the judicial interpretation of the crime of intentional homicide or intentional injury crime

The sixth act in order to avoid legal action after the traffic accident, the victim will be away from the scene of the accident after the hidden or abandoned, the victim can not be salvage death or severe disability, in accordance with the provisions of article 232nd of the criminal law shall be respectively, 234Th and second paragraph, in order to murder or intentional injury crime.

(six) the judicial interpretation of other provisions

In charge of personnel, 1 seventh units of motor vehicles or motor vehicles of all Contractor instigate, or force others to drive significant traffic regulations, with the interpretation of the provisions of article second of the traffic accident crime, conviction and punishment.

2 eighth in the implementation of public traffic management in a major accident, in accordance with the relevant provisions of article 133rd of the criminal law and the interpretation of the.  In the public traffic management, driving motor vehicles or to use other means of transport of casualties or heavy losses to public property or the property of others, which constitutes a crime, according to article 134th of the criminal law, article 135th, article 233rd, shall be convicted and punished.

(seven) the judicial interpretation on suspicion of drunk driving crimes of endangering public safety

1 "the Supreme People's Court on the law applicable to drunk driving crime issues opinions", the provisions of the criminal law, an intoxicated person who commits a crime, he shall bear criminal responsibility. The person who knowingly, drunk driving drunk driving offense would endanger the public safety, but ignore the law of drunk driving, in particular to crash in the accident, causing heavy casualties, the subjective harm to continue to occur as a result of the laissez faire attitude, with the intent of endangering the public safety. On the drunken driving caused heavy casualties, should be in accordance with the law to the crime of endangering public safety crime.

2 Sun Weiming unlicensed drunk driving, escapes, retrograde, resulting in 4 deaths and 1 injuries, was found guilty of the crime of endangering public safety. Has many years of driving experience Zhang Mingbao drunk driving, Lianzhuang 9, resulting in 5 deaths, similarly accused of the crime of endangering public safety. First proposed the following case.

(eight) the traffic accident crime

1, the object: the normal order of transportation and traffic safety.

2, the objective aspect: violation of the traffic regulations, the occurrence of major accidents, causing serious injury, death or causes heavy losses of public or private property act.

3, subject: the general subject, not limited to the activities of personnel engaged in transportation.

4, the subjective aspect of negligence: including careless negligence and negligence of over confidence.

(nine) the crime of dangerous driving

1. object: for the public safety, or dangerous driving behavior to endanger the public safety, brings a potential danger to public safety, is not specific and most people's life, health or property risk.

The 2 Objective: objective aspect of this crime is on the road to drunken driving motor vehicles or drive a motorized vehicle on the road racing, and vile. Meet four conditions: (1) the behavior condition: drunk driving or driving motor racing. (2) the space condition: drunk driving or driving a motor vehicle racing to be on the road. (3) the object conditions: driving a motor vehicle. (4) plot: plot.

3 bodies: the general subject.

4 subjective aspects: the subjective aspect of the crime of dangerous driving for deliberately, knowing that their occurrence drunk drive a motorized vehicle on the road or drive a motorized vehicle on the road racing driver behavior to harm to the public security and hope or indulge in this state.

Two, the traffic police procedures for criminal law according to the

(a). "Thirtieth procedures" provisions of the two paragraph of traffic management departments of public security organs in the investigation process to deal with road traffic accidents, the discovery of the parties have traffic accident crime suspicion, the public security organ shall be in accordance with the "provisions" procedure of criminal cases on file for investigation. The discovery of the parties have other criminal suspects, it shall be transferred to the relevant departments, the transfer does not affect the investigation and handling of accidents.

 (two). "The public security organs shall handle criminal cases" program has been officially implemented in January 1, 2013, is the main legal police how to handle criminal cases according to the.

(three). At the same time to master the "people's Republic of China Criminal Procedure Law", " " six ministries "on the implementation of the criminal procedure law the provisions of a number of issues", "people's Procuratorate criminal procedure rules (Trial)" and other legal provisions on criminal.

Three, "public security organs for criminal cases procedure" and other supporting laws and regulations

(a) briefly introduces the procedure

1 Introduction: is divided into 14 chapters 376, 107 of them new, revised 244.

 The 2 Objective: to ensure the public security organs correctly implementing the revised criminal procedure law "to", "Criminal Procedure Law" in criminal litigation system for the large scale modification and improvement, relates to the defense, evidence, investigation, compulsory measures, each link of execution of punishment, to materialize in the work of public security.

3 contents: the revised "Regulations for" program to strengthen the protection of human rights in criminal cases. "No person shall be forced to prove his guilt", "prohibited torture to extract confessions" shall be written. Present, summons, arrest, interrogation of a criminal suspect, it shall ensure that the suspect's diet and the necessary rest time; later, the suspect was sent to the house of detention in the interrogation room, shall interrogate. Center investigation activities to collect evidence, realize the change from "scratch detection" to "evidence" of the target.

(two) introduction test related documents and regulations

More than 1 departments issued supporting documents: in December 28, 2012, the Supreme People's court and 6 departments jointly issued the "Regulations" several issues concerning the implementation of the criminal procedure law in November 22, 2012, the Supreme People's Procuratorate announced by the people's Procuratorate rules of criminal procedure revised "(Trial)", December 24, 2012, the Supreme People's Court issued a new judicial interpretation. 　

2 to strengthen the protection of human rights: the new criminal law judicial interpretation of the provisions, the use of corporal punishment or corporal punishment in disguise, or use other defendants in the physical or mental suffering from severe pain or suffering, forcing the defendant breach will confess, shall be regarded as torture to extract confessions and other illegal methods to the provisions of the criminal procedure law "". Provisions of the Supreme People's Procuratorate procedure rules, collection of illegal methods of violence or threat, using torture to extract confessions and other illegal methods to collect the suspect's confession and testimony of witnesses and victims statements, shall exclude, shall not be submitted to the approval or decision of arrest, arrest, transferred for examination before prosecution and prosecution on the basis of. 　

3 to ensure the procedural justice: "Regulations" several issues concerning the implementation of the criminal procedure law, the defense lawyer asked to meet the suspects, defendants, the detention house shall make arrangements to meet, to ensure the lawyer saw the suspect, the defendant within 48 hours. Defense lawyers in the case investigation period can be understood from the investigation organ main facts of the crime suspected of and then ascertained the crime, criminal suspects were taken, change, cancellation of the compulsory measures situation, the investigation organ to extend the investigation detain deadline etc.. The court held that there may be a case for illegal methods to collect evidence, shall be the court investigation evidence collection of legitimacy.

Four, for the traffic police under the jurisdiction of criminal procedure and Application

(a) the rules of jurisdiction

1 twentieth superior public security organs in the designated jurisdiction shall be designated jurisdiction, the decision may be specified respectively under the jurisdiction of the public security organs and other relevant public security organs. The admissibility of the original public security organ case, after receiving the written decision superior public security organs designated jurisdiction other public security organs, no longer exercise jurisdiction, and shall file materials to the designated jurisdiction.To specify the cases under the jurisdiction of the arrest of a criminal suspect, need, by the public security organs designated under the jurisdiction of the people's Procuratorate at the same level examination for approval; need for prosecution, by the public security organs to the people's Procuratorate for examination and decision.

Jurisdiction 2 twenty-second public security organs in criminal cases, determined in accordance with the criminal investigation organization and division of duties.

3 twenty-eighth...... . The main crime belongs to the people's Procuratorate on suspicion of jurisdiction, the public security organs to cooperate.     The public security organs investigation of criminal cases involving the jurisdiction of other criminal cases, according to the provisions of the preceding paragraph.

(two) under the jurisdiction of the application

1 designated jurisdiction the investigation jurisdiction and jurisdiction can be inconsistent. To provide a legal basis for the unified involving multiple jurisdictions high-speed road traffic accident and the crime of dangerous driving. In the case, according to the law and the people's Procuratorate agreed form handling coordination mechanism, good in jurisdiction. Is conducive to the smooth handling of cases in a timely manner.

2 jurisdiction also relates to the case, negotiation, specifying, and mutual jurisdiction etc..

3 drunk driving on suspicion of the crime of endangering public safety, crime of intentional homicide, the crime of intentional injury, negligence causing death and injury cases of crime, should be in accordance with the division of labor within the jurisdiction; found escape case relates to the harbor, perjury in the investigation of suspected crime, should be the main jurisdiction and in accordance with the regulations, if the dispute cannot be solved through negotiation, shall in accordance with the designated jurisdiction management.

(three) the participation of lawyers in criminal lawsuit

1 forty-first public security organs to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, it shall inform the suspect has the right to appoint a lawyer,...... Please legal aid. Informed of the situation should be documented.

2 forty-seventh counsel to the public security organ about the circumstances of the case, the public security organ shall be the main facts of the crime suspected of and then ascertained the crime suspect, is taken, change, cancellation of the compulsory measures, the situation to extend the detention period for investigation of cases, inform the authorized or appointed lawyer and for the record.

3 before the end of fifty-fifth case investigation, lawyers request, the public security organ shall listen to the opinion of counsel, check according to the situation, and for the record. Defense lawyers put forward written opinions, shall be attached.  The defense lawyer to collect criminal suspects are not at the scene of the crime, has not reached the age of criminal responsibility,...... At the public security organ shall verification and record the relevant information, the relevant evidence shall be attached.

(four) the people's Procuratorate rules of criminal procedure (lawyer)

1 forty-seventh since the case is transferred for examination before prosecution, the people's Procuratorate shall allow the defense lawyer, consult, extract, copy the file material. The materials include the cases of litigation documents and evidence.

2 fiftieth case review of arrest or prosecution, the defense argued that collection of public security organs in the investigation period prove the criminal suspect not guilty evidence not submitted, apply to the people's Procuratorate to the public security organ retrieval, management department of the people's Procuratorate cases shall be timely application materials will be sent to the supervisory department or the public prosecution department. Upon examination, that counsel for obtaining evidence has been collected and the associated with the facts of the case, shall obtain; think defenders apply evidences obtained not collected or with the facts of the case without contact, should decide not to take and explain the reasons to the defender. The public security organs to the relevant material evidence, the people's Procuratorate shall inform the defendant within three days.

(five) with the participation of lawyers in criminal litigation rules

1 the first interrogation in the record reflect or make informed the book told, told in the dossier should reflect the.

The main facts of the crime 2 was ascertained, which already have evidence of fact, shall make a notice or talk record storage volume. The lawyers in the investigation stage program does not give the verification of evidence power, the stage of review and prosecution can be verified.

3 in the published evidence, to ask for advice of counsel, objection to explain and record, explain disagree, verification must be recorded and attached.

4 do not at the scene of the crime, has not reached the age of criminal responsibility shall attach great importance to the issue, verify and record the relevant information, the relevant evidence shall be attached.

5 traffic police under the jurisdiction of the criminal case does not involve endanger national security and terrorism crime, does not exist or may impede the investigation of leaking state secrets case, no restrictions on lawyers met with the power.

(six) the evidence outline

1 on evidence collection, review and exclusion of illegal evidence procedures have made further strict requirements, strict procedures to improve the consciousness of evidence.

2 stipulates: using torture to extract confessions... .., should be excluded. collecting physical evidence, documentary evidence in violation of legal procedures, may seriously affect judicial justice, shall be corrected or explain ; no correction or to make a reasonable explanation, the evidence shall be. "In the stage of investigation found evidence should be excluded, the principal of the public security organ at or above the county level for approval, should be excluded" in accordance with the law, and the legal effect of the illegal evidence exclusion after, "not as a request for approval of arrest, transferred for examination and prosecution on the basis of".   To increase the comprehensive review, shall record the suspect's confession, requirements on the suspect's confession of the crime, not guilty fact, defense and counter evidence, proof and the suspect provided his innocence, crime evidence, the public security organ shall carefully check and attached.

3 of the investigators to testify in court procedures, to the people's court that the existing evidence can not prove the legitimacy of evidence collection, notify the relevant investigation or other personnel to appear in court to explain the situation, the investigation personnel or other personnel shall appear in court.

(seven) the proof of concept of the revised

Fifty-sixth can be used to prove the material facts of the case, is evidence.    The evidence includes: (a) evidence; (two) documentary evidence; (three) the testimony of witnesses; (four) the statement of victims; (five) the suspect's confession and exculpation; (six) the expert opinion; seven) the inquest, inspection, investigation, search, seizure, seizure, extraction, identification and record (eight; audio visual materials, electronic data).     Evidence must be verified before it can be used as the facts of the case, according to the.

(eight) understand and apply the concept of evidence

1 highlights the "material", "objective fact" into "legal fact", the objective fact rely on language, text and other materials, depending on the logic to express into "legal fact". Include the following aspects: how we find and access, material is responsible, have formed material is reliable, material has good reason to.

2 "road traffic accident" , as evidence put forward higher requirements, should grasp, grasp, based on real depending on formation; as to know how to pursue their understanding of the purpose of evaluation concept; prove the material facts of the case through the use of legal logic consistent conclusions identification.

3 sixty-fourth public security organ for approval of arrest, prosecution submissions must be faithful to the facts. Intentionally conceals the facts, shall be investigated for responsibility according to law.

Make 4 requests for approval of arrest, prosecution submissions, according to the process and conclusion factors describe evidence and obtain evidence, confirmed the arrest and prosecution is a must.

(nine) the concept of legal fact

1 legal facts, is the law, can cause the legal relationship, change and termination phenomenon.

The fact that the difference between the 2 legal facts and the general sense of. (1) the legal fact is a normative facts. Must be covered by the fact in law. (2) the legal fact is a fact by evidence. Many of the facts may be an objective existence, but because of When the incident. With the absence of evidence, the fact cannot be identified as the legal fact. (3) the legal fact is a fact of legal significance. If it did not have any effect on the legal relationship can not be called legal fact.

The 3 feature, main features of the legal fact is objective reality, is a normative facts, is a specific rather than abstract fact, is that the judge of fact.

(ten) an overview of material evidence

1 evidence: in its form of existence, external features, inherent attributes of that entity and marks the true circumstances of a case or other facts to be proved. Evidence classification: 1 character evidence, material evidence and status of evidence attribute. Character evidence refers to the evidence that the play the role of external characteristics. Attribute of evidence refers to the evidence the facts of the case to prove that its internal structure characteristics of. Status of evidence is refers to the physical evidence in proof of the facts of the case itself.

2 sixty-first collect, obtain evidence shall be the original material. Only in the original inconvenient for transportation,...... I can shoot or making enough to reflect the original shape or the content of the photos, videos or copy.  Evidence photos, video... I can prove their true, can be used as evidence....... .., can not reflect the form and characteristics of the original, can not be used as evidence.

3 sixty-third evidence photos, video...... Copy, audio-visual materials, electronic data, shall be attached to the production process and the original, the original place of text, and the producer and the holder of the articles or goods holding unit related personnel signature.

Evidence 4 traffic accident found at the scene, collection, extraction, especially physical escape case, must be in strict accordance with the requirements of the operation procedure.

(eleven) documentary overview

The 1 documentary evidence refers to its content to prove the facts to be proved to the text material. All the words to remember manned thoughts and actions and the use of a variety of symbols, patterns of expression of human thought, its contents deal with evidence of the fact that with a proven role of goods are documentary evidence.

The establishment of 2 documentary evidence must meet two conditions: one is the documentary evidence is true, is proof that documentary producer, is the specific meaning of the expression, namely the documentary was true. Documentary evidence; two is the content to the facts to prove, is refers to the contents of evidence proved to have assertions effect.

3 in the essence of documentary evidence according to force review process, to allow the parties to provide evidence to prove that the documents contained untrue, incomplete. To judge the specific circumstances the court on the basis of documentary content, which is determined by the judge's free proof.

The traffic accident in 4 cases, traffic accident has been issued as documentary evidence review trends, in fact, evidence of quality has been widely concerned.

(twelve) the scope of collecting evidence and Application

1 fifty-seventh public security organs must be in accordance with the statutory procedures, the collection to prove the guilt or innocence of the criminal suspect, the seriousness of the crime evidence.... To assist in the investigation.

2 traffic police for suspected of the crime of traffic accident, dangerous driving crime cases, will be in accordance with the statutory procedures, the crime "constitute" collecting evidence to determine the charge. At the same time, also according to "explain" less than three years imprisonment or criminal detention, three to seven years in prison, for more than seven years in prison, a variety of evidence collection according to the seriousness of the crime.

(thirteen) the provisions of facts and evidence standard of prosecution cases

1 sixty-fifth need to ascertain the facts of the case include: (a) the crime exists; (two) the implementation of crime time, place, means, consequences and other circumstances; (three) whether the crime for the implementation of criminal suspects; (four) the identity of the suspect; (five) the crime suspect's crimes the motivation, objective; (six) the relationship between the suspect and other co responsibility person; (seven) the suspect has not be heavier, lighter, mitigated punishment or be exempted from punishment plot; (eight) other facts relevant to the case.

2 sixty-sixth public security organs for examination and prosecution of the case, should be the criminal facts are clear, indeed, sufficient evidence.   The evidence is reliable and sufficient, the applicant shall meet the following conditions: (a) that the facts of the case are evidence; (two) the facts of the case evidence were verified by the statutory procedures; (three) comprehensive evidence of the case, the fact is beyond reasonable doubt.   Examining the evidence, we should combine the concrete conditions of the case, to check and judge the degree of connection between the evidence and the facts to be proved, the evidence of the link.   Only the suspect's confession, but no other evidence, not the facts of the case; no criminal suspect, the evidence is reliable and sufficient, can the facts of the case.

(fourteen) obtaining of evidence and the administrative investigation evidence transformation

1 fifty-ninth public security organs to units and individuals to obtain relevant evidence, the case handling department shall be responsible for the approval, issued a notice of investigation of evidence. By obtaining unit, individual shall seal or signature in the notice, refused to seal or signature, the public security organ shall indicate. When necessary, should adopt the fixed content of evidence and forensics process audio and video, etc..

2 sixtieth public security organ to accept or legally obtained administrative organs in administrative law enforcement and investigation to collect evidence, documentary evidence in the case process, audio-visual materials, electronic data, inspection reports, expert opinion, records of inspection, inspection record as evidence, can be used as evidence.

(fifteen) the people's Procuratorate rules of criminal procedure (evidence review)

1 sixty-second evidence review identified, should combine the concrete conditions of the case, judging from the degree of connection between the evidence and the facts to be proved, the evidence of the link, whether in accordance with legal procedures to collect and other aspects of the comprehensive review.

2 sixty-fourth administrative organs in administrative law enforcement and investigation to collect evidence, documentary evidence in the case process, audio-visual materials, electronic data evidence, shall be in the name of the organs of the transfer, the people's Procuratorate meets the statutory requirements, can be used as evidence. Administrative organs in administrative law enforcement and case handling process of expert opinion, collection of inspection, inspection record, review by the people's Procuratorate meets the statutory requirements, can be used as evidence.

(sixteen) the people's Procuratorate rules of criminal procedure (illegal evidence review)

1 sixty-sixth collecting physical evidence, documentary evidence does not meet the statutory procedures, may seriously affect judicial justice, the people's Procuratorate shall require the investigation organ correction or make a written explanation; no correction or not to make a reasonable explanation, the evidence should be excluded.   On the criminal correction or explanation, the people's Procuratorate shall review. The investigation organ correction or to make a reasonable explanation, can be used as the approval or decision of arrest, prosecution evidence.   The first paragraph of this article in the may seriously affect judicial justice refers to the collection material evidence, documentary evidence does not meet the statutory procedures act clearly illegal or serious, may cause severe damage to the fairness of the judicial handling of cases; correction refers to remedy the forensics program on non substantive defects; reasonable explanation is that the evidence procedural flaws to make rational and logical explanation.

2 sixty-ninth for investigation of illegal evidence, shall be responsible for the investigation and supervision departments in the investigation stage; in the prosecution, trial stage consists of the public prosecution department is responsible for. When necessary, malfeasance prosecution can participate in.

3 seventy-second people's Procuratorate believes there to collect evidence by illegal methods, can be written request of the investigation organ for the legitimacy of the evidence collection is described. Explanations shall affix its official seal, and signature by the investigators.

(seventeen) application of facts and evidence standard of prosecution cases

 1 traffic police in handling criminal cases, collect, review, found evidence in ascertaining the facts and to prosecute, evidence deemed to exist without according to, as does not exist, on the evidence of facts objectivity; evidence acquisition must be in accordance with legal procedures and standards, access to the evidence found, collect, obtain evidence process should be legal; in the use of evidence to be logical, pay attention to the association with evidence, eliminate according to and justified reasons to suspect, to achieve comprehensive evidence of the case beyond reasonable doubt.

A suspected crime case 2 traffic accident investigation, the investigation evidence can be used as the evidence in criminal cases. But note that can not be, is transformed to review, review through but may form When the incident., cannot make up for a situation. This article is for the traffic police to handle a case provides a relatively relaxed conditions, may relax the investigation of responsibility.

(eighteen) overview of compulsory measures

1 the protection of human rights, combat and protection.

2 the consciousness of evidence, in accordance with the law applicable to, not according to the need and punitive applicable.

The 3 procedure consciousness -- evidence of the effectiveness of strengthening understanding.

4 a sense of urgency, "not sure" conditions of law enforcement and case handling.

(nineteen) its provisions and Application

1 seventy-fourth public...... Can summon to the designated place, the city, county of interrogation.    To summon, shall fill in to summon the report, together with relevant documents, report to the public security organ at or above the county level for approval.

2 seventy-fifth...... I shall show the summon card, and ordered its signature, the certificate fingerprint comparison.            The criminal suspect in custody, shall be ordered to fill in the compulsory summon card to summon time; after the end, should fill in the warrant warrant card end time. The criminal suspect refuses to fill in, the investigators shall be noted in the compulsory summon card.

3 seventy-sixth summons for time shall not exceed twelve hours; the case particularly heavy, complicated, need to take the measure of arrest, detention, public security organs at or above the county level is responsible for the approval of arrest, the duration of no more than twenty-four hours. Not to continuous arrest criminal suspects into custody in disguised forms.Summon the expiration of the period, not to take other coercive measures decision, should be an immediate end to summon.

Currently 4 "particularly serious, complex", no judicial interpretation, is the understanding of the case; "need to take the measure of arrest, detention," does not require the summons must be detained and arrested, as long as there is evidence that can be. To handle cases to cherish and make full use of the provisions to extend to 24 hours, because the suspect entered the detention center, means that the people in the internal state of isolation of interrogation and "monitor".

(twenty) of bail provisions

1 seventy-seventh public security organs to one of the following circumstances suspects, can bail: (a) may be sentenced to public surveillance, detention or independent additional penal apply; (two) may be sentenced penalty above, release on bail will not take the place of danger to society; (three) suffering from a serious illness, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the place of danger to society; (four... .., requires further investigation. The detention of criminal suspects, evidence does not meet the conditions of arrest, and draw after the arrest, the people's Procuratorate does not approve the arrest, further investigation is necessary, and in line with the bail conditions, according to the law of bail..

2 eighty-sixth public security organs in the decision to bail, can also according to the circumstances of the case, has been ordered to set bail people follow one or more of: (a) no particular place to enter their criminal activities and other related; (two) with no witnesses, victims and their close relatives, accomplice and cases other specific personnel associated with or in any way communication; (three) shall not engage in criminal behavior specific activities associated; (four) the passport and other travel documents, documents, the executing organ preservation driving. The public security organ shall consider the nature of the case, the plot, social influence, the criminal suspect social relations and other factors, determine the scope of specific place, specific and specific activities.

3 ninety-second......... ..; need to be arrested, detained in advance to the.

4 103rd public security organs shall not interrupt the investigation of the case in the release on bail, on bail suspects, change according to the case, it shall timely change coercive measures or terminate the bail.

(twenty-one) the people's Procuratorate rules of criminal procedure (bail)

1 eighty-fourth people's Procuratorate for serious harm the social order of criminal suspects, and other criminal nature of the bad, if the circumstances are serious the criminal suspect shall not release on bail.

2 102nd decision of the public security organ of the criminal suspect bail pending trial, the case to the people's Procuratorate for examination and prosecution, the need to bail, the people's Procuratorate shall make a decision to bail for the suspect, and apply for bail formalities. Bail period shall be re calculated and inform the suspect. To continue to take the way of deposit guarantor pending trial, was released on bail without violating the sixty-ninth law of Criminal Procedure Provisions, not to change the amount of margin, no longer to collect margin.

(twenty-two) application for bail

1 the dangerous driving crime accord with may be sentenced to public surveillance, detention or independent additional penal apply for bail.

2 traffic accident crime majority may be sentenced to penalty above, release on bail will not take the danger to the society, can use the bail.

3 often used is suffering from a serious illness, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the danger to the society.

4 eighty-six restrictive clauses added, should use.

5 clear breach of bail provisions, need to be arrested, detained in advance of its.

(twenty-three) the provisions of residential surveillance

 1 105th police arrest conditions to meet one of the following circumstances, the criminal suspect, to residential surveillance: (a) with a serious disease, the life cannot provide for oneself;......... Five. ,... Residential surveillance measures.  To decide on the people's procuratorate...... To residential surveillance.. In accordance with the bail conditions, but the suspect cannot provide a guarantor, do not pay the deposit, to residential surveillance....... ,... As the living.

2 115th station or the relevant departments responsible for the implementation of residential surveillance shall strictly under residential surveillance for supervision and inspection, to ensure the safety of.

3 112nd public security organs of the people can be taken under residential surveillance, electronic monitoring, irregular inspections, monitoring method... In the period of investigation, supervision; can... The monitoring of telephone, fax, letter, mail, network communication, etc..

4 118th in residential surveillance shall not be suspended during the period of investigation, the police, the criminal suspects, should change according to the case, remove residential surveillance or compulsory measures changes in a timely manner

(twenty-four) the people's Procuratorate rules of criminal procedure (surveillance)

Article 123rd the decision of the public security organ residential surveillance of the suspect, the case to the people's Procuratorate for examination and prosecution, the need for continued surveillance of residence, the people's Procuratorate shall make a decision to residential surveillance, and the criminal suspect for residential surveillance procedures. Surveillance of residence time shall be recalculated and inform the suspect.

(twenty-five) the application of surveillance of residence

1 injured in the traffic accident, life can not take care of the criminal suspect need hospital treatment, and in accordance with the bail conditions, do not provide a guarantor and pay the premiums of people, can be specified in the hospital residential surveillance, the case handling department supervision and examination, electronic monitoring and unscheduled inspection. According to the case of change, change coercive measures.

 2. 's decision not to prosecute the case, shall not apply for residential surveillance.

3 designated residence residential surveillance has strict, normative, non custody.

(twenty-six) Rules of detention

1 120th public security organs for the criminals or suspects, one of the following circumstances, can advance detention: (a) is preparing to commit a crime, a crime or is discovered immediately after committing a crime; (two) the victim or by an eyewitness to confess his crime; (three)......... Seven. .

2 122nd detention, shall immediately be detained for custody, not later than twenty-four hours.Remote execution of detention shall be under the jurisdiction of the, at twenty-four hours after the suspects will be sent to the detention center custody.

3 123rd except not notice...... Other situations in detention., shall, within twenty-four hours after making notice of detention, inform the detainee's family. Notice of detention shall clearly state the reasons and detention detention premises.... .. For there is no notification of family in twenty-four hours, it shall be indicated in the notice of detention.

(twenty-seven) the detention application

1 detention shall be applicable to the criminals or suspects.

The 2 detained, shall immediately be detained for custody, not later than twenty-four hours. Announced the detention within 24 hours after delivery to the detention center. Sent to the detention, detention center to indicate the time of arrival in the residence permit, to meet the requirements of the delivery of 24 hours. Time of arrival is not detain time.

3 remote execution of detention, shall within twenty-four hours to arrive at the venue, the execution time on route calculation in the detention time, here twenty-four hours arrived at the residence after delivery time.

(twenty-eight) arrest provisions

1 129th to have evidence to prove the facts of the crime, may be sentenced penalty above suspect, adopt the guarantor pending trial is not enough to prevent the danger to the society, to be submitted for approval of arrest: (a) may implement the new crime; (two) the real danger endanger national security, public security or social order; (three) may destroy or forge evidence, witnesses or collusion of the interference; (four) to the victims, informants, may take revenge against the implementation; (five) Dutch act or attempt to escape.   If there is evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or there is evidence to prove the facts of the crime, may be sentenced penalty above, once an intentional crime or unidentified, shall be submitted for approval of arrest.The public security organ in accordance with the provisions of the first paragraph to the people's Procuratorate approved the arrest, should have a social danger reasons to suspect.

2 131st was released on bail the breach of bail provisions, any of the following circumstances, can request for approval of arrest:....... (six) without approval, unauthorized leave live in city, county, if the circumstances are serious, or more than two times without approval, unauthorized leave live in city, county; (seven) does not appear in the communications without justifiable reasons, if the circumstances are serious, or by more than two times cited default;

3 143rd Procuratorate in the examination and approval of the arrest of the work found in the investigation of the public security organ illegal case, notify the public security organ to correct, the public security organ shall investigate and verify the law, shall be found promptly corrected, and the correct situation written notice of the people's procuratorate.

(twenty-nine) Rules of criminal procedure (the people's Procuratorate approved the arrest)

1 140th to have evidence to prove the facts of the crime, may be sentenced to criminal suspects more than ten years, shall be subject to approval or decision of arrest.   To have evidence to prove the facts of the crime, may be sentenced penalty above, the suspect had intentionally the crime or not real name, address, the identity is unidentified, shall be subject to approval or decision of arrest.

2 139th people's Procuratorate to have evidence to prove the facts of the crime, may be sentenced penalty above suspect, adopt the guarantor pending trial is not enough to prevent the danger to the society, should be arrested: (a)... (two.... The real danger.., public security or public order,... .., public security or the social order of major illegal and criminal activities; (three) may destroy or forge evidence, witnesses or interference of collusion, that have a certain evidence to prove or there are signs that the suspects arrested before or after the arrest has started or intending to destroy or forge evidence, disrupting the witnesses or collusion acts (four...... Take revenge; (five) attempted to Dutch act or escape, namely suspect arrested before or after the arrest was Dutch act, or have some evidence to prove or there are signs that the suspect tried to Dutch act or run away. There is evidence to prove the facts of a crime refers to also have the following conditions: (a) there is evidence of the facts of the crime; (two) there is evidence to prove the facts of a crime is a criminal suspect implementation; (three) prove the criminal suspect crime evidence has been verified before it. The facts of the crime can be a single crime fact, can also be a number of criminal acts in any criminal facts.

(thirty) the people's Procuratorate rules of criminal procedure (not to approve arrest)

1 144th suspect alleged offence is a minor, and no other major criminal suspects, has one of the following circumstances, can make a decision not to approve arrest or not to arrest: (a)......... , it's;(two) a first offender subjective malignant small, in the common crime accomplice, accomplice under duress, crime after the surrender, meritorious services or positive return, compensation for losses, repentance is the performance; (three) negligence crime suspects, after committing a crime show repentance, effective control of the loss or to compensation for the loss of (; four) the crime suspect and the victim of the parties according to the law of criminal procedure to reach a settlement agreement, upon examination, that the settlement is voluntary, lawful and have been fulfilled or guarantee; (five) the suspect is full already fourteen years old minors under the age of eighteen or in the school student, my repentance, the family, school or community residents' committee, villagers' committee, with care, rehabilitation conditions; (six) aged seventy-five years or more.

2 145th conforms to the provisions of the first paragraph of article seventy-second of criminal procedure law of the people's Procuratorate suspects, after review that the arrest is not necessary, can be made not to approve arrest or not the decision of arrest at the same time, put forward the suggestion to residential surveillance to the investigation organ.

(thirty-one) the application of arrest

 1 cases of traffic accident most belong to 10 years in prison by a guarantor pending trial, is still not enough to prevent most only danger to the society with fifth attempts to escape, or have an intentional crime or unidentified, must be shown on the appeal to the people's Procuratorate's examination and approval of the arrest, otherwise it's not arrest. For the crime of dangerous driving, do not apply to arrest.

2 "death caused by escape", with possible sentenced penalty above ten years, should be submitted to arrest.

3 the guarantor pending trial violates bail provisions, may request for approval of arrest conditions, which appeared as a new expression "Communications", in the actual case to make full use of "messaging notification", cited justification not to "two", can be the first line in custody after arrest in the book, clear statement to arrest drew on Application of evidence.

4 clear the procuratorate supervision, examination and approval of the arrest of the work found in the investigation of the public security organ illegal case, notify the public security organ to correct, the investigation supervision of public security organs.

(thirty-two) the provisions of custody

1 148th criminal suspect does not tell his true name, address, the identity is unidentified, shall be investigated for their identity.... .., investigation detain deadline checking computation since the day of its identity, but not to stop the crime investigation....... Uh, by the name to the people's Procuratorate for examination and prosecution.

2 149th detention house shall be issued by public security organs warrant, warrant detention... ....... Was sent to the house of detention, detention should warrant, warrant indicate the criminal suspects and defendants, arrived at the time.  ......... .. Need temporary send charge, shall hold a warrant or other relevant legal documents and the send and the public security organs at or above the county level is responsible for the approval of people, send the mail and. ...... .

After the 3 152nd suspects were sent to detention center custody for questioning, investigators, shall be conducted in the interrogation room.

(thirty-three) the application of pretrial detention

1 the criminal suspect does not tell his true name, address, unidentified cases, priority shall be given to investigating identity, not to stop the investigation of the case, the investigation is not clear to according to own name, to avoid indefinite detention.

2 arrive at the time stated, shall be guarded by the.

3 shall be carried out in the interrogation room. Gold interrogation time for handling the cases in the 24 hours before. Interrogation in the detention center, should avoid habitual interrogation tactics, way, method of interrogation, if improper behavior, will be monitored, possibly in litigation by the lawyer.

(thirty-four) other provisions

1 156th suspects were arrested, the people's Procuratorate the review does not need to continue to detain the procuratorial suggestions, the public security organ shall investigate and verify, that the detention is not necessary, should be released or coercive measures; that need to remain in custody, it shall explain the reason. The public security organ shall, within ten days to notify the people's procuratorate.

2 157th suspect or his legal representative, close relative or lawyer shall have the right to apply for alteration of the compulsory measures. The public security organ shall decide within three days after receipt of the application made; does not agree to the change of coercive measures, it shall inform the applicant, and explain the reasons.

(thirty-five) the procuratorate rules of criminal procedure (change coercive measures)

619th people's Procuratorate found in any of the following circumstances, may make a written proposal to be released or coercive measures to change to the relevant authorities: (a) the evidence changed, not enough to prove the facts of a crime or a crime is a crime suspect, the defendant ; (two) the facts of the case or circumstances change, the suspect, the defendant may be sentenced to control, criminal detention, independent additional penal apply, exempted from criminal punishment or judgment of not guilty; (three) the crime suspect, accused person to implement the new crime, destroy or forge evidence, disrupting the witnesses, collusion, the reporter, complainant take revenge, implementation, Dutch act or escape possibility has been ruled out of the ; (four) the basic finding the facts of the case, the evidence has been fixed, the detainee meets or residential surveillance conditions; (five) continue to detain criminal suspects, defendants, detention period will exceed legally possible sentences; (six) detention period expires; or (seven) because of the special circumstances of the case for the need to change the mandatory case Appropriate; (eight) the other not to remain in custody of criminal suspects, defendants.        To release or compulsory measures change proposal shall not need to remain in custody of criminal suspects and defendants, reasons and legal basis.

(thirty-six) the application of other provisions

1 examination does not need to continue to detain the procuratorial suggestions. To review the necessity of the catch, traffic accident crime, social harm is a necessary condition for the arrest, the risk of weakening change case, check the hospital may put forward suggestions for the procuratorate, public security organ should basic respect.

Supervision of the 2's procuratorate can be active, can also according to the criminal suspect or his legal representative, close relative or a defender for starting, so the must strengthen the urgency to meet after the arrest, detention time "not sure" case law enforcement, handling characteristics.

(thirty-seven) the case, case withdrawing

1 increase in the investigation procedure.

A 2 increase in the termination of the investigation procedure.

3 add the property processing procedures.

4 cut detection program.

(thirty-eight) the provisions of

1 168th public security organ to accept the case, shall make the registration form, and issue a receipt.

2 171st to accept the case, or found clue to the crime, the public security organ shall promptly examine. For the review of the facts of the case or not clues, when necessary, the case handling department is responsible for the approval of people, can be carried out preliminary investigation. Preliminary investigation of public security organs may, in accordance with relevant laws and regulations to ask, inquiry, inspection, identification and obtaining of evidence materials do not limit respondents personal, property rights measures.

3 172nd after review, that the facts of the crime, but does not have jurisdiction over a case, shall immediately report to the public security organ at or above the county level shall be responsible for the approval of the person making the transfer case, notice, to deal with the competent authority.  For does not fall under its jurisdiction but calls for emergency measures, it shall take emergency measures, and then go through the formalities, refer the case to the competent organ.

(thirty-nine) the application

1 dead cases, responsibility is not clear; wounding cases injury, bad plot, responsibility is not recognized; the dangerous driving, alcohol content is not issued by the inspection; Chase has not found out the plot, can the preliminary investigation. Preliminary investigation by the departments in charge of approval. Take measures in criminal identification and obtaining of evidence materials, must be responsible for the public security organ for approval. Preliminary investigation shall not be restricted by the investigation object body, property rights.

2 after review, that is to take the victim from the scene of the accident or abandoned after the hide, which can not be salvage, escape the death or severe disability; drunk driving on suspicion of the crime of endangering public safety; in the public traffic management, driving or using other means of transport of casualties or heavy losses of public property or property of another vehicle case, shall immediately report to the public security organ at or above the county level shall be responsible for the approval of the person making the transfer case, notice, to deal with the competent authority. To the former, should take emergency measures, to prevent the escape of suspects.

(forty) registration provisions

1 175th public security organ to accept the case, upon examination, that the facts of a crime and criminal responsibility, and under its jurisdiction, the public security organ at or above the county level shall be responsible for the approval of people, to be placed on file;... The approval of the person in charge shall not be placed on file.. The accused man case, decided not to file the case, the public security organ shall make a notice of not filing the case within three days, and served on the accused man.

2 179th reasons for not filing the case to the people's Procuratorate requirements of the case, the public security organ shall, within seven days after the receipt of the notice, within, make written instructions on not filing the case, according to the situation and reason, reply to the people's procuratorate....... Copy of a people's Procuratorate.For the people's Procuratorate notify the public security organ, the public security organ shall, after receiving the notice within fifteen days from the day of filing, the filing decision and a copy of the book to the people's procuratorate.

3 180th people's Procuratorate believes that the public security organ shall not register and put on record, and put forward rectification opinions, the public security organ shall carry out investigation to verify, and the reply to the people's procuratorate.

4 181st after investigation,...... ., but does not fall under its jurisdiction or by other public security organs and case investigation,...... Making.., transferred the case to the notice, the authority having jurisdiction or investigation of public security organs, and transferred the case within three days after the written notice to the families of suspects.

5 182nd cases under the jurisdiction of the public security organ or change to other and case investigation, the property related to the case and the fruits thereof, shall be transferred along with the case file.    Over, by the recipient, over to check out, and signature together in the handover document.

(forty-one) for application

1 of that by the facts of the crime, that is subjective in nature, but in the drawing file must have "basic" evidence to support

There are 2 cases of the complainant, decided not to file the case, the public security organ shall make a notice of not filing the case within three days, and served on the accused man.

3's Procuratorate supervision on the right. Placed on file or not filing the case's procuratorate can active supervision, can also according to the application start monitoring procedures.

4 the investigation, survey of traffic accident cases suspected of intentional homicide, injury, harm public security and so on, should be promptly transferred to the.

5 transfer case, case properties and interests, documents shall be delivered along with the case.

(case forty-two) Regulations

1 183rd after investigation, found to have one of the following circumstances, it shall revoke the case:...... .For after investigation, found that the facts of a crime and criminal responsibility, but not to be placed on file for investigation of criminal suspects implementation, or in a case of joint crime suspect portions are not serious enough for criminal punishment, shall terminate the investigation of criminal suspects, and to continue the investigation of the case.

2 185th public security organs to make a withdrawal of the case decision, should inform the original suspects, victims or their close relatives, legal agent as well as the case within three days to the authorities.   The public security organs to terminate the investigation after the decision, should inform the original suspects within three days.

3 186th public security organs to withdraw the case later found new facts or evidence, that the facts of the crime and criminal responsibility, shall be placed on file for investigation.   For the criminal suspect to terminate the investigation later found new facts or evidence, that the facts of the crime and criminal responsibility, further investigation should be.

4 the 184th need to withdraw the case or to terminate the investigation of criminal suspects... .. The attachment, seizure of property and its fruits, file, or freezing of property, in addition to separately in accordance with the law and the relevant provisions of the, shall cancel the seizure, seizure, freezing.

(forty-three) the application case

1 termination detection. In the traffic accident cases involve after the traffic accident, person in charge, the motor vehicle owner, contractor or passengers who ordered the perpetrators escape, causing the victims died because they were unable to rescue, shall be punished as an accomplice to the crime of causing traffic casualties. In the investigation of some common case crime suspect of insufficient evidence, not applicable criminal punishment end. In the case of escape, not be placed on file for investigation of criminal suspects implementation of the accident, the person investigation, criminal investigation not to escape.

2 to withdraw the case after the decision, should be informed within three days, inform should be written.

3 to withdraw the case requires re investigation, shall go through the procedures to re register. To terminate the investigation to investigation, investigation belongs to restore.

4 specifies the processing properties involved in case.

(forty-four) delete the detection procedure

No provisions of 1 new criminal procedure law, the actual operation of no significance.

2 change the people as the center, the bad tendency to ignore evidence collection, evidence.

3 to cancel the unscientific, unreasonable assessment.

4 and arrested the suspect after detailed; arrest, indictment book to describe in detail the case after.

(forty-five) investigation overview

1 provisions of the start, investigation method, mode, method of investigation, investigation of the principle should be followed. To solve the problem of how the investigation.

2 general provisions; the interrogation of criminal suspects; questioning the witnesses, victims; inspection, inspection; search; attachment, seizure; identification; identification; technical investigation; wanted; investigation; supplementary investigation.

(forty-six) general provisions

1 187th public security organs in the criminal case which has been filed, it shall timely investigation, comprehensively and objectively collect, obtain the guilt or innocence of the crime suspect, light or heavy crime evidence.

2 188th police after investigation, on the evidence of the facts of the crime cases, shall conduct pre-trial, to collect, obtain evidence material authenticity, legitimacy and probative force to review, verify.

3 189th...... , is strictly prohibited in the absence of evidence, the suspect only doubt to take coercive measures and investigation measures.

Found the public security organ at a lower level 4 192nd superior public security organs... The illegal behavior. Specified or on a complaint, accused matters not in accordance with the provisions of the public security organ at a lower level, shall be ordered to correct within the prescribed time limit, the public security organ at a lower level shall be enforced immediately. When necessary, superior public security organs may appeal, accused matters directly make a decision.

(forty-seven) general provisions for the application

The starting point for the 1 Investigation Measures for registration, only after the case can only be compulsory measures starting investigation. The traffic accident investigation, should be in accordance with the constitution of the crime of the four elements and the judicial interpretation of the crime and penalty objectively collecting evidence.

2 for criminal cases, should the pre-trial, pre-trial case handling units shall set up departments, in accordance with the objectivity of evidence, relevance, legitimacy of examine and verify.

3 superior to subordinate supervision. Active monitoring range (a) to take coercive measures to the statutory period, not to be released, dissolution or change; (two) shall refund the deposit is not returned by the guarantor pending trial; (three) to have nothing to do with the case of property seizure, seizure, freezing measures; (four) should be lifting attachment, seizure, freezing does not release; (five) the corruption, embezzlement, privately divide, exchange, in violation of the provisions of the use of attachment, seizure, freezing of property. According to the application scope of supervision and not, shall make a decision within thirty days, a written reply. Authorization at a higher level may directly make a decision.

(forty-eight) shall interrogate the criminal suspect

1 194th.... To found at the scene of the crime suspect, the investigators were working to produce documents, can be summoned verbally,...... . The suspect in custody shall be marked in the transcripts of interrogation, the suspect in custody and specify the time and the end time....... In accordance with the law, can summon.

The duration of the 2 195th summons shall not exceed twelve hours.... The duration of the call., shall not exceed twenty-four hours. Not in the continuous summons criminal suspects into custody in disguised forms........ Should immediately stop summons.

3 196th summons, arrest, interrogation of a criminal suspect, shall ensure that the suspect's diet and the necessary rest time, and record. Interrogation in criminal suspects, should be individualized.

4 203rd interrogation of a criminal suspect, in written records at the same time, can the audio or video recording of the interrogation process. There may be sentenced to life imprisonment, the death penalty cases or other serious crimes, shall carry out the sound recording or video recording of the interrogation process.....  The interrogation process of audio and video, it should be on the each interrogation uninterrupted, maintain integrity. May be selectively recorded, not splicing, editing.

(forty-nine) application of interrogating a criminal suspect

The 1 summoned verbally only adapt to the summons, in line with the characteristics of the majority of the cases of traffic accident. After being summoned according to the order of priority, the investigators working ability, arrange the work division. Treasure 24 hours "gold" interrogation time. The transcripts of interrogation should reflect the custody, verbal summons shall be recorded. The suspect's right protection, diet and the necessary rest time content should be recorded in the record.

2 for the alleged escape case, many cases, in order to prevent the case to intentional homicide, injury, harm the public safety, suggestions throughout the interrogation videos. Start the video, all of the interrogation should adhere to the video.

3 "program" provides will ask and will remember the content, the transcripts of interrogation not missing.

(fifty) the provisions of victim and witness inquiry, application

1 205th ask... , can be carried out in the field, also can be to... A unit, or dwelling place... This place. When necessary, may also notify the witness to give testimony, the public security organ. The questioning of witnesses, the victim should be individualized.   In the field of inquiry... The investigators shall show their certificates. To... Units, place or location. Witnesses, victims of witnesses, victims, the case handling department shall be responsible for the approval of the person, make a notice of inquiry. Before asking, the investigators shall produce a notice of inquiry and certificates.

2 206th.... Investigators shall not expressed opinion about the case to the witness, victim or leak case, violence, threats and other illegal methods, the use of witnesses is strictly prohibited.

3 by enumeration method, the query location, shall be of the examination and approval authority, scope and legal documents have and should pay attention to and prohibited items.

(fifty-one) the inquest, inspection

1 208th investigators shall conduct an inquest or examination for crime related sites, objects, people, body, timely extraction, collection and case evidence, material evidence, biological samples. When necessary, may designate or hire people with expertise, conduct an inquest, inspection under the direction of the investigators.

2 209th....... ... .., should be immediately rushed to the scene; scene investigation, criminal crime scene investigation shall hold the certificate.

3 211st exploration field, should be shooting the scene photos, site drawing, making a record, by the participants in the survey and witness the signature. The scene of major cases, should the video.

4 215th public security organs to carry out inspection, examination, the people's Procuratorate requires re inspection, re inspection, the public security organ shall re inspection, review, and notify the people's Procuratorate to send representatives to attend the.

5 216th in order to find out the truth, when necessary, by the public security organ at or above the county level shall be responsible for the approval of people, can make the detection experiment.  The results of experiment and investigation, shall make a record of investigation test, signed by the participants....... For audio and video.   ... No one......... Behavior.

(fifty-two) the procuratorate rules of criminal procedure (inquest, inspection)

The 369th time people's Procuratorate to examine the case, the public security organs of the inspection, examination, considers it necessary to re inspection, re inspection, re inspection shall request the public security organ, people's Procuratorate review, can participate in; can also be re inspection, review, consult the public security organs to participate, when necessary, can also hire specialized technical personnel to participate in the.

(fifty-three) the application of an inquest or examination

1 an inquest or examination, the traffic accident and the crime of dangerous driving is the most effective means of obtaining evidence. Must be in strict accordance with the "standards" and operating procedures. Investigation at the scene of accident, two have intermediate accidents due to qualified personnel.

2 shooting the scene photos, site drawing, making a record, each other must have the objectivity, relevance and legitimacy, mutual between not conflict is not logical. The standard for the public security standards: GA49 - 2009 road traffic accident scene drawing , GA50 - 2005 traffic accident investigation.

3 people's Procuratorate to the supervision of an inquest or examination, reexamination is required. The scene is the scene of the photos, the examination site drawing test, make a written record of relevance, objectivity and field measurement accuracy.

4 Investigative Experiment record has been defined as a kind of evidence, the purpose is to find out the truth. Investigative Experiment accident case would be to obtain evidence of the objective and comprehensive inspection.

(fifty-four) provides search and Application

1 217th in order to collect criminal evidence, the crime person,... .., investigators can of the criminal suspect and might be hiding a criminal or criminal evidence, the human body, articles, residence and other relevant places.

2 218th search, must be shown to the person to be searched executed a search warrant, the investigators shall not be less than two.

Transcripts shall be made for the 3 221st a search, the person to be searched or his family members, neighbors or other signature of witness. If...... , the investigators shall be noted in the record.

4 search record is evidence. The search is common in the escape accident cases, the escape vehicle repair for the destruction of evidence to the factory, abandoned in the factory accessories etc.. Accident case search, should be strictly in accordance with the procedures for the search warrant, making search record and sign, ensure the legitimacy of the evidence.

(fifty-five) the seizure, seizure provisions and Application

Found that 1 of 222nd in investigative activities may be used to prove a property, the suspect's guilt or innocence shall file, seizure, seizure;...... Shall not be seized, seizure.The holder refuses to surrender...... The public security organs., can force the attachment, seizure.

2 223rd in the seizure of property, documents need to the course of the investigation, the case handling department shall be responsible for the approval of arrest, making decision; in the scene investigation or search... .., determined by the site operator; but the seizure of property, high value or may file the normal production seriously affected, by the public security organ at or above the county level shall be responsible for the approval of arrest, making decision.... .. Seizure decision.

3 seizure is intended to prove guilt and innocence, not because the other objective implementing seizure. The traffic accident attachment should be in accordance with the "traffic safety law" seventy-second.... traffic police conduct inquest, inspection should be on the scene of a traffic accident, the collection of evidence; due to the collection of evidence, to detain the vehicle accident, but should be properly kept, in preparation for. ....... seizure procedures in accordance with the "program".

(fifty-six) the identification rules

1 240th... .. And provide necessary conditions, in a timely manner to the identification to the relevant samples and contrast sample and other raw materials, introduction and identification of the relevant, and clear identification problem.No suggestion or force identification make some kind of expert opinion.

2 241st investigatory personnel shall do a good job in samples of the storage and inspection work, and indicate the person responsible for part of the samples, to ensure that the samples in the circulation of the same sex and no pollution.

3 243rd on expert opinion, the investigators shall review. The review as expert opinion evidence, the public security organ shall promptly inform the suspect, the victim or his legal representative.

4 245th after review, found in any of the following circumstances, the public security organ at or above the county level shall be responsible for the approval of people, should add identification:... ..

5 246th after review, found in any of the following circumstances, the public security organ at or above the county level shall be responsible for the approval, shall be re identification:... ..Re identification, it shall designate or appoint appraisers. After the examination, does not meet the above conditions, the public security organ at or above the county level shall be responsible for the approval of people, make a disapproving the re identification decision, and when the decision is made within three days written notice to the applicant.

(fifty-seven) the people's Procuratorate rules of criminal procedure (identification)

Article 366th the people's Procuratorate deems it necessary to on some specific problems in the case were identified and the investigation organ not identified, it shall require the investigation organs were identified; when necessary, can also be by the people's Procuratorate or the people's Procuratorate were identified to have the qualification of people.

 (fifty-eight) the identification of application

Amendment 1 appraisal conclusion for expert opinion, weakening the identification to prove the effectiveness of, changed to "tendency identification" verdict.

2 expert opinion as evidence. Identification must be approved by the examination can be used as evidence, as the expert opinion evidence shall timely inform the suspect, the victim or his legal representative. If it does not as evidence has no obligation to inform.

3 the supplementary identification, re identification, not re identification and approval procedures.

4 the proxy request identification to solve the problem clearly. No suggestion or force identification, to prevent the identification of "false identification to shirk responsibility". Strict materials storage and inspection work, ensure the samples in the circulation of the same sex and no pollution.

(fifty-nine) identify the provisions and Application

1 251st identification, identify the object should be mixed other objects in the similar characters, not to recognize any hints. Identify the suspects, the number of identified shall be not less than seven; the criminal suspect photo identification, shall not be less than ten photos; identify goods, miscellaneous items shall not be less than five.  On the site, specific object of identification to identify bodies, or make people can accurately describe the items of the unique characteristics, foil without number restrictions.

2 253rd to identify process and results, shall make transcripts to identify, witness the signature by the investigators, identifying people. When necessary, should be the audio or video recording of the recognition process.

3 getaway vehicle and driver, unidentified bodies will be used to identify, identification should be strictly in accordance with the procedure of identification operation. The identification of transcripts belonging to one of legal evidence.

(sixty) the provisions and application of technical investigation

1 254th public security organs in the case, according to the need for crime investigation, may be of the following serious danger to society of criminal cases to take measures of technical investigation... (two). Murder, intentional injury causing serious injury or death, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances and other serious violent crime;....... (five) other serious social crime, may be sentenced to seven years in prison according to law. The public security organs to hunt wanted or approval, and decided to arrest the escaped criminal suspects, defendants, technical investigation measures can be taken to hunt the necessary.

256th need to take 2 measures of technical investigation of the , shall make a petition to take measures of technical investigation report, report districts of the city level and above the head of a public security organ for approval, making technical investigation measures decision.

Death caused by escape the alleged 3 accident cases, hunt wanted or approval, the escaped criminal suspects and decided to arrest cases, can be applied to technical investigation.

4 public security organs in the designated traffic police to handle the victim cannot get relief and death or severe disability, drunk driving case is suspected of the crime of endangering public safety technical investigation. Other traffic police to deal with cases not suitable for technical investigation.

5 technical investigation and approval by the city public security organs at or above the level of the approval of the person in charge.

(sixty-one) the provisions and Application

1 265th criminal suspect who should be arrested a fugitive, a public security organ may issue a warrant, take effective measures, hunt him down.... .

2 applicable accident cases, traffic and transportation accident cases, abandoned the case fugitives.

(sixty-two) the conclusion of the investigation and application of the provisions

Case 1 274th investigative termination, shall also meet the following conditions: (a) the case facts are clear; (two) the evidence is true, fully; (three) charges and property crime correctly; (four) the legal formalities are complete; (five) shall be investigated for criminal responsibility according to law.

Case 2 275th investigative termination, the investigators shall prepare a final report. The final report should include the following: (a) the basic situation of the suspect; (two) whether or not to take coercive measures and the reasons; (three) the facts of the case and evidence; (four) the legal basis and the processing opinion.

3 276th investigation cases, by the public security organ at or above the county level is responsible for the approval of people; major, complex, difficult cases shall be subject to the collective discussion.

4 in a traffic accident case, investigation report shall be made according to law.

(sixty-two) to the prosecution provisions and Application

1 to 279th concluded its investigation of a case, shall make the prosecution of submissions, the principal of the public security organ at or above the county level for approval, together with the entire case file material, evidence, and the views of defence counsel, shall be handed over to the people's Procuratorate for examination and decision; at the same time to transfer the case to inform the criminal suspects and their counsel.

Opinion recommending prosecution 2 280th common crime, shall indicate the position, each suspect in the crime, the specific role of guilt and confession attitude, and then put forward the suggestion.

3 281st victim brings a civil suit collateral, should be documented; transferred for examination before prosecution, it shall be indicated in the prosecution of submissions to the end.

4 to draw the indictment must be carried out in accordance with the investigation conclusion report, should pay attention to the case to inform obligation. On the incidental civil action to indicate in the prosecution of submissions to the end.

(sixty-three) the people's Procuratorate rules of criminal procedure (prosecution review)

363rd people's Procuratorate for examination and prosecution of the case, shall ascertain: (a) whether the suspect identity status clear, including name, sex, nationality, date of birth, occupation and the unit; the unit crime, relevant unit is clear ; (two) the facts of the crime, the plot is clear; implementation the crime of time, place, means, the facts of the crime, the consequences are clear; (three) criminal charge and the nature of the opinion is correct; there is no legal heavier, lighter, mitigated or exempted from punishment plot and the discretionary heavier, lighter punishment of crime; common suspects in the crime responsibility is appropriate; (four proof) prove the criminal facts decided to include measures of technical investigation evidence and whether the material is transferred along with the case; evidence of relevant property is illegal income material is transferred along with the case; should not be transferred to the evidence list, copy, photos and other documents of certification is transferred along with the case (five); the evidence is true, full, whether legally collect, love has no should exclude illegal evidence form (six) the investigation of various legal procedures and the litigation documents are complete; (seven) there is no omission crimes and other criminal responsibility should be investigated; (eight) whether to belong to should not be held criminally responsible; (nine) have no incidental civil action; for the state property, collective property losses, whether to need the people's Procuratorate files the supplementary civil action; (take ten) compulsory measures is appropriate, the arrest of the suspect in custody, have no to continue the necessary; (eleven) the legality of the investigation activities ; (twelve) whether the money and property involved in attachment, seizure, freezing and safekeeping, list the legality of the place; the property or return and prohibited perishable goods processing is appropriate, to prove.

(sixty-four) the people's Procuratorate rules of criminal procedure (not the prosecution standard)

404th has one of the following circumstances, determine the suspect's crime and criminal responsibility of the not, belongs to the lack of evidence, the statement does not meet the conditions: (a) crime fact lack the necessary evidence to prove ; (two) according to the conviction evidence for the presence of doubt, cannot be verified ; (three cases between evidence) according to the conviction, the contradiction between evidence and facts cannot be reasonably excluded; (four) according to the evidence of the conclusion has other, cannot rule out the possibility of reasonable doubt; (five) according to the case facts do not accord with the logic and rules of thumb, the conclusion is obviously not.

(sixty-five) the provisions and application of supplementary investigation

1 284th investigation, to the people's Procuratorate for examination and prosecution of the case, the people's Procuratorate to the public security organ for supplementary investigation, the public security organs were returned by the people's Procuratorate legal documents, shall be in accordance with the supplementary investigation outline within one month after the supplementary investigation.Supplementary investigation is limited to two times.

2 286th for the people's Procuratorate in the prosecution process and in the people's court verdicts, request the public security organ to provide the evidence necessary for trial in court, it shall timely collect and provide.

3 supplementary investigation may become the norm, in the case of treatment should pay attention to "process" and "details", set up the consciousness of evidence, procedure consciousness, the consciousness of litigation.

(sixty-six) the people's Procuratorate rules of criminal procedure (supplementary investigation)

1 377th the people's Procuratorate to the criminal cases review, the court verdicts before, that need to provide the necessary evidence to the court, may request in writing to the investigation organ to provide.

2 391st people's Procuratorate in handling public security organs to the prosecution case, find the omission crime or to be transferred for examination before prosecution case crime suspect, shall request the public security organ for examination and prosecution for supplement; the criminal facts are clear, evidence really, full, the people's procuratorate can also be prosecuted directly.

3 403rd people's Procuratorate for supplementary investigation case two times, still believes that the evidence is insufficient, does not meet the conditions of prosecution, the prosecutor or the procuratorial committee, shall make a decision not to prosecute.  After a people's Procuratorate for supplementary investigation cases, that the evidence is insufficient, the statement does not meet the conditions, and no supplemental investigation necessary, may decide not to initiate a prosecution.

(sixty-seven) the parties reconciliation in cases of Public Prosecution Procedure Provisions

1 322nd following a case of public prosecution, criminal suspects sincere repentance, obtain the forgiveness of the victims through compensation for the losses, such as an apology, victims voluntary reconciliation, the public security organ at or above the county level shall be responsible for the approval, shall be as the parties and public prosecution case solutions for: (a) caused by civil disputes, suspected of criminal law fourth chapter fifth, chapter stipulated crime, may be sentenced to three years in prison following the penalty;... For..

2 325th reconciliation, the public security organ shall, presided over the production settlement agreement, and the parties and other participants signature. A minor party in the minor parties, the legal agent or other adult relatives should be present.

3 326th settlement agreement shall include the following contents: (one) the basic facts of the case and the main evidence; (two) the suspect admitted his crimes, the facts of the crime accused no objection, sincere repentance; (three) is forgiven by the victim criminal suspects, the victim by apologizing to make compensation for the losses etc.; involving compensation for losses, damages, shall indicate the way; to file an incidental civil action, the plaintiff of the supplementary civil action withdrawing the incidental civil action; (four) victims voluntary reconciliation, request or consent from the suspect punishment according to law.     The settlement agreement shall timely perform.

4 327th to reach a settlement agreement cases, the principal of the public security organ at or above the county level for approval, the public security organs to transfer the case to the people's Procuratorate for examination and prosecution, can put forward to lenient treatment recommendations.

(sixty-eight) in accordance with the provisions of the Supreme People's Procuratorate opinions about dealing with minor criminal cases

 Application of rapid processing mechanism of the minor criminal cases, it shall also meet the following conditions: (a) the simple case, facts are clear, evidence really, fully; (two) may be sentenced to three years in prison, detention, public surveillance or punishment; (three) the suspect, the defendant admitted carrying out the alleged crime applicable law; (four) no dispute.  For the following cases in accordance with the provisions of the third conditions, shall quickly be: parties have on the civil compensation, resolve conflicts and reconciliation in criminal cases;

(sixty-nine) application of reconciliation in cases of public prosecution procedure

1 escape after causing traffic casualties, other special circumstances of the poor, the death caused by escaping the inapplicability of reconciliation in cases of public prosecution procedure. But does not affect the self reconciliation between the parties.

2 should make full use of reconciliation in cases of public prosecution procedure, treatment may be sentenced to prison following the accident case three years, saving judicial resources. The application of the program, in the indictment shall not file an incidental civil action. The proposed settlement agreement can not be lenient treatment. To avoid the case shall timely rebound.

3 the program started by the public security organ at or above the county level shall be responsible for the approval of the person. To establish mediation and enforcement consciousness.

(seventy) the people's Procuratorate rules of criminal procedure (to find and correct)

565th investigation supervision mainly to find and correct the illegal acts: (a) using torture to extract confessions and other illegal methods to collect the criminal suspect in the ; (two) using violence, threats and other illegal methods to collect the testimony of witnesses, victims' statements, or by violence, threats, a witness from giving testimony or instigates others to commit perjury; (three) forgery, conceal or destroy, to alter, change, evidence, or to help the parties destroy or falsify evidence, the ; (four) play favouritism and commit irregularities, indulgence, harboring criminals; (five) intentionally false, wrong, wrong; investigation in the use of his position to seek (six) in the illegal interests; (seven) the illegal detention of a person or otherwise unlawful deprivation of the personal freedom of another person; (eight) illegally search a person body, residential, or non law breaking into others' houses; (nine) the illegal taking of technical investigation measure) in the course of the investigation is not; (ten case and the case shall be have nothing to do with the case of property seizure; (eleven) the seizure, freezing measures,, or shall cancel the seizure The ; (twelve) the corruption, embezzlement, privately divide, exchange, violation of property and require the use of attachment, seizure, freezing fruits; (thirteen) shall refund the bail bond not returned; (fourteen) violates the criminal procedure law on the decision, execution, change, cancel the compulsory measures; (fifteen the investigation personnel) shall be avoided; (sixteen) shall inform the procedural rights of criminal suspects are not informed, exercise their litigation rights of criminal suspects; (seventeen) persons, parties, hinder the defense litigation of people to exercise their litigation rights; (eighteen) interrogation of a criminal suspect shall be in accordance with the audio or video recording. No audio or video ; (nineteen) of the criminal suspect detained, arrested, designated residence residential surveillance shall be notified after the family without notice twenty) action in other violations in criminal investigation; (method.

(seventy-one) the people's Procuratorate rules of criminal procedure (illegal processing)

Article 566th the people's procuratorates discover violations investigation activities of public security organs, for if the circumstances are relatively minor, the procuratorial personnel verbally to the investigators or public security organs responsible person and put forward rectification opinions, and report to the person in charge of the Department report; when necessary, by the departments in charge of the. For illegal if the circumstances are serious, shall be submitted to the approval of the chief procurator, issued a notice to correct the illegal to the public security organ. Constitute a crime, shall be investigated for criminal responsibility according to the relevant department.  The procuratorial supervision departments found in violation of the provisions of laws and regulations of the detention period for handling a case investigation, it shall put forward advice to correct the law, and shall inform the investigation and supervision department.

(seventy-two) the provisions on the implementation of the Criminal Procedure Law (and the case with the detention execution) and Application

1 any of the following circumstances, the people's court, the people's Procuratorate, the public security organ may be within the scope of their respective duties and case processing: (a) a committed several crimes; (two) the common crime; (three) the common crime of criminal suspects, defendants also implement other crimes; (four) there are multiple the suspect, the defendant committed a crime, and case processing will help to find the facts of the case.

2 cases of causing traffic casualties involved, such as perjury, obstruction of justice for cases can be dealt with.

The provisions of the 3 Criminal Procedure Law, detention is executed by the public security organs. The people's Procuratorate cases directly accepted by the people's Procuratorate detention decision, made, shall be served to the public security organs, the public security organ shall be executed immediately, the people's Procuratorate may assist the public security organs to perform.

4 crime suspect bail, procuratorate prosecution process found in breach of bail provisions of the public security organ shall decide to detention, execution.

(seventy-three) the provisions on the implementation of the Criminal Procedure Law (Law of power and criminal obligation) and Application

1 thirty-sixth of the criminal procedural law stipulates: "the defense lawyers in the investigation period can provide legal assistance for criminal suspects; complaints, charges; apply for alteration of the compulsory measures; to the investigation organ about the crime suspect guilty and case, put forward opinions." According to the above provisions, defense counsel in the investigation period can be understood from the investigation organ main facts of the crime suspected of and then ascertained the crime, criminal suspects were taken, change, cancellation of the compulsory measures situation, the investigation organ to extend the investigation detain deadline etc..

2 investigation accident cases received a lawyer, should know the power of attorney boundary, the case handling organ shall answer the scope and obligation.

Lawyer: 3 three defense lawyer to lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter.

4 lawyers must hold three cards, receive lawyer before check cards, identification.

(seventy-four) the provisions on the implementation of the Criminal Procedure Law (protection of procedural rights) and Application

1 forty-seventh of the criminal procedural law stipulates: "the defenders and agents ad litem, think that the public security organs, people's Procuratorate, the people's court and its personnel impede their exercise their litigation rights according to law, have the right to sue to the same level or the people's Procuratorate at a higher level to file a complaint or. The people's Procuratorate to appeal or accusation shall timely carry out the examination, is the case, notify the relevant authorities to rectify." The people's Procuratorate accepts the defenders and agents ad litem, appeal or accusation, shall within ten days to appeal or accusation advocates, will handle the reply in writing litigation agent.

2 of the public security organ shall ensure that the defenders and agents ad litem, litigation rights according to law, not to fulfill the obligations prescribed by law, to bear the legal consequences.

(seventy-five) the provisions on the disclosure of law enforcement of public security organs and Application

1 ninth the public security organ shall be disclosed to the public to concern public interests, social major case investigation and treatment results, and the public security organs to carry out major decision blow punish illegal and criminal activities.

2 sixteenth the public security organ shall, to the complainant, as well as the victim, the victim or his relatives open the law enforcement information:  (a) the unit name and contact way;  (two) cases criminal case, investigation, prosecution, types and maturity of criminal compulsory measures of the criminal suspect;  (three) the administrative case management and results.  The public security organs in an accused person, as well as the victim, the victim or their family members or alarm when the report mentioned in the preceding paragraph, shall inform the law enforcement information query.

3 clearly inform belongs to the legal, regulations obligation rather than selective obligation. Does not fulfill the duty means a breach of law and discipline.

Five, strengthen the rule of law thinking

Legal thinking is preferred, is a way of thinking of the inevitable requirement of the principle of the rule of law. The basic rules of legal thinking include: 1 as the clue to the rights and obligations of analysis. Ask power, rationality, reason and source, settle disputes. 2 is better than that of objectivity legality. 3 humanistic care than physical instrumentalism. The law because of the human, the formulation and implementation of the law on. The 4. procedure is better than the substantive issues. Interests and behavior is realized in the program, the program is the life of the legal system. Conclusion 5. reason. It is important to provide a support for the conclusion the process, from the legal logic results. 6. formal rationality is better than that of substantive rationality. Leave rules, the system of justice will not be possible to achieve the maximization of social justice. Special 7. generally better than. Rules must be universal.

Six, the conclusion

The law cannot make all men equal, but they are all equal before the law. People measure of public security law enforcement activities, is an important standard to legitimate, in accordance with the law, must take the legal standards, at the same time, the problem of non treatment; also sensible, reasonable, so that people can accept the reason. A person no matter what reason, as a shield to be forgetful of one's duties, mediocre incompetence and malfeasance, are not allowed.

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