Training course of Criminal Procedure Law

A,The development process of the criminal procedure law:

Criminal procedure law is the criterion and procedure of public security and judicial organs and personnel handling criminal cases to abide by, China's first criminal procedure law is1979Years7Month1Through,1980Years1Month1Implementation of the. As the first part of the code of criminal procedure of the people's Republic of China, promulgated and implemented it is undoubtedly an important milepost criminal legal construction of our country. Since then, China's criminal activities, formally incorporated into the legal track, ended in handling criminal cases may not or only with policy, law case history. But,1979Years of criminal procedure law by the timing of the historical conditions, itself has some problems, these problems caused by insufficient in the judicial practice has gradually revealed. At the same time, along with the basic state policy of reform and opening up and the implementation of the comprehensive and in-depth development, profound changes have taken place in all fields of social life, criminal exhibits new characteristic and trend, the public security and judicial organs in the process of criminal procedure means to fight crime does not cross section is faced with new situations and new problems, resulting in the objective on the1979The criminal procedure law should be the necessity to carry out comprehensive modification. Such as:1.1979The criminal procedure law is too small, poor operability. Promulgated by the criminal procedure law, the Supreme People's Procuratorate, the Ministry of public security, the Supreme People's court respectively formulate specific procedures for internal-The public security organs to handle criminal cases such as "program";2.1979Promulgated by the criminal procedure law, public security and judicial organs in practice has accumulated some successful experiences, and formed a system, such as: report system, audio-visual material evidence system (with the development and progress of society, sound recording, video and computer is widely used in the judicial field, due to the characteristics of audio-visual material, put it as evidence, documentary evidence are not scientific, shall be regarded as evidence alone);3In the legislative technical defects, such as1The criminal procedure law article149The provisions about the procedure for trial supervision reason is: a legally effective judgment or ruling in the determination of facts or use the law is wrong; here the use of legal error both conviction error, also including the sentencing on the wrong, but in the criminal procedure law article136In the error, inappropriate and use the legal side by side, obviously between the two is not consistent, is the legislative technique of fault or negligence;2Vague language---"Reference", "when necessary", "the defendant", what is the reference? How to reference method? How to determine when necessary? "The defendant is refers to the people's Procuratorate or the private prosecution to the people's court to sue, requirements shall be investigated for criminal responsibility. Not to be placed on file, investigation, prosecution, trial, take compulsory measures the object referred to as "the defendant".3Flexible language is more---"This should be used-A word---Can use ", is bound to cause the shift or give up their responsibility to the public security and judicial organs"). Based on the above reasons, the eighth session of the National People's Congress fourth conference in1996Years3Month17By amending "Criminal Procedure Law" of the people's Republic of China, and in1997Years1Month1Implementation date.

Two,The basic functions of public security organs in the criminal procedure:

(a), according to the "Criminal Procedure Law" provisions of article third,In criminal cases investigation, detention, arrest, pre-trial, public security organs shall be responsible for. Approval of arrest, prosecution, procuratorial organs investigation of cases directly accepted by the prosecution, the people's Procuratorate, responsible for. The trial by the people's court shall be responsible for the. Except as otherwise provided by law, any other organs, organizations and individuals have no right to exercise such powers.

(two), criminal case investigation conducted by the public security organs, except as otherwise stipulated by law.
    Article fourthThe state security organs in accordance with the law, handle cases of crimes that endanger State security, and the public security organs exercise the same powers.

Article 225thThe security departments of the army took place within the criminal case to exercise the power of investigation.
    In jail for the criminal cases of crimes of investigation by the prison.
    The security departments of the army, prison in handling criminal cases, the relevant provisions of this Law apply.

Here said the "army" does not include the armed police forces.

Three,The three organs of public security relationship in criminal proceedings:

Division of responsibilities, cooperate with each other, each other.

Division of responsibilities, cooperate with each other, mutual constraints, is an important principle for correct handling of the relationship between the public prosecutor, the three organs in criminal procedure law.

The so-called division is responsible for, is refers to the three organs of public security according to law the powers, duties, do their job, strict division of a litigation activity, not allowed to replace each other and beyond the responsibilities.

The so-called complement each other, is refers to the premise of the three organs of public security in the division of responsibilities, in order to the common task realizes the penalty crime, protecting the people, full cooperation, mutual support.

The so-called restrict each other, refers to the three organs of public security work condition each other, mutual supervision, and in accordance with the law of the authority, to challenge decisions relating to other organs, prevent and correct each other in the litigation process may appear and have errors.

Division of responsibilities, cooperate with each other, mutual constraints, are complementary, dialectical unity. Responsible for the division of labor are complementary to each other and the base and premise, restrict each other no division of labor, cooperation and control is impossible. Cooperate with each other and mutual constraints are the two aspects of one problem, cooperate with each other to their respective do, fulfill the law gives the authority duty, complete the Department's mission, is to support and cooperate with other departments. The second is to improve the scientific division of powers between the three organs of public security, strengthen coordination and cohesion work on the three organs. Restrict each other mutual supervision between the three organs of public security, ensure the correct exercise of the authority, prevent live reduce the errors or biases and errors, ensure the correct and effective enforcement of the law.

Four,Two final trial system:

Two final trial system, is the case after the system level two trial court trial end. That is to say, local people's courts at various levels in accordance with the provisions of the jurisdiction of the trial of first instance cases (Trial) after the decision or ruling, if the party refuses to accept, can be a court of appeal within the statutory time limit; if not the procuratorate, may be within the statutory time limit, a court the protest. The court at the next higher level have the right to accept the lower court first instance judgment or ruling disaffected appeal or protest, right after the second instance trial, change or maintain a court of First Instance judgement or order. At this time, the superior court second judgment, ruling, is the final judgment, ruling, the party may appeal.

In simple terms:The so-called two judge final system, is that no matter what the lawsuit, the people's court after treatment up to level two will come to the end, not to continue the war.
The local people's court at any level of a not yet tried cases, this process is called a trial of first instance. The court of first instance judgment or ruling of the first, is not immediately a legally effective judgment or ruling(Except does not allow the determination of Appeals).
If a party refuses to accept a judgment of first instance, ruling, can appeal to a higher people's court, request the court at a higher level for retrial, correct judgement or order of the people's Court of first instance in error. The people's Procuratorate prosecution for their case, that made by the people's Court of first instance judgment or ruling is wrong, also can be to a higher people's court to prosecute, the request for review, correct the error. The people's Court of first instance of a higher court, according to the parties concerned or the public prosecution appeal or protest, to have tried a retrial, re judgment, this process is called the second instance trial. The law of second instance, by the second, find and correct errors in the first instance, there will still be parties to the second judgment, ruling disaffected, but to the people's Court of second instance judgment or ruling, is the final judgments and rulings, so far, the lawsuit process is finished, the parties can no longer appeal to a higher court, requesting a retrial.
If the parties have made to the court of second instance verdict, ruling disaffected, can not appeal, appeal. The legal effect of the appeal does not affect the second judgment or ruling. Attention is required, a lawsuit after at most two court will come to the end, is not to say that each case must be processed to the two court before the end of. The parties to the people's Court of first instance judgment, ruling, whether or not satisfied, did not appeal the appeal period, the people's Procuratorate in criminal cases, also did not mention counterappeal, deadline expired, judgment, ruling on legal effect, this will no longer happen second problem. In addition, the parties in some cases in the court mediation under the agreement, both parties once accepted the people's Court of conciliation, mediation book immediately, and it won't happen again the second instance of the problem.

Five,Without the approval of the people's court to sentence shall be determined guilty principle: "the principle of presumption of innocence".

   "Criminal Procedure Law" article12Regulation: without the approval of the people's court to sentence, no person shall be found guilty.

   "The principle of presumption of innocence" is a great progress of the legal construction in our country. "The presumption of innocence" idea is proposed to the bourgeois Enlightenment thinkers in the struggle against the feudal law in. The feudal inquisitional doctrine of criminal litigation is the implementation of the presumption of guilt, where to catch people are "criminals", if he pleaded not guilty, just to torture extort confession, and then to the final.

Italy jurist Becali early in the1764Year book "on crime and punishment" in one book on: "in the past no guilty judgment, no one can be called criminals." "Any person who, without proof of time in his crime, according to the law, he should be regarded as the innocent people".1966Years passed by the United Nations General Assembly "International Covenant on Civil and political rights" article14Article2Paragraph: "the criminal accused person, without prior to determine guilt, should be presumed innocent".

"The basic meaning of the principle of presumption of innocence" includes two aspects: (one), in criminal proceedings, the people's court has the final determination of the defendant guilty rights, the people's court according to law is the legal form of the judgment to determine the defendant constitutes a crime. (two), the defendant in the criminal proceedings, the people's court according to law in the previous judgment guilty, not as a guilty person, cannot legally recognized constitutes a crime. Specifically, also has not finalized the defendant guilty right from the right of investigation, prosecution right angle in the investigation, the prosecution process.

"Presumption of innocence" stick "is suspected as innocent, suspected penalty light punishment", but China's implementation of the "presumption of innocence" principle, the defendant does not enjoy the right of silence, accused of investigators question, shall truthfully answer, also have the duty in the court on the prosecution accused his crime confession, excuse.

Six, the legal not to investigate and handle criminal responsibility:

"Criminal Procedure Law" article15Regulation: those who have listed in this section, no criminal responsibility, have been held, it shall revoke the case, or not to prosecute, or termination of the trial, or declared innocent.

(a), if the circumstances are obviously minor, little harm, not deemed a crime. This kind of behavior is illegal, according to the provisions of the criminal law, do not constitute a crime, therefore, should not be investigated for criminal responsibility in human behavior.

(two), crime has been the limitation period for prosecution. This refers to the crime suspect's behavior has constituted a crime, but its implementation has exceeded the limitation period for prosecution under the law. "Criminal law" article76The limitation period for prosecution of crime made clear, at the same time also stipulates that the people's court, the people's Procuratorate, the public security organs have to take compulsory measures, and escape the investigation, trial, the defendant committed or major suspects, not by statute limit, at any time can be to his prosecution, criminal proceedings.

(three) the amnesty, exemption from punishment. "Constitution" article67Provisions of the Standing Committee of the National People's Congress, have the right to decide the amnesty, Amnesty may waive or reduce the punishment of offenders. The highest organ of state power has released an amnesty, exempt from certain criminal penalty, if he has not yet been held, or are held in the people's courts, people's procuratorates and the public security organ shall, according to the amnesty no longer pursue.

(four), in accordance with the criminal law that crime, or withdraw to tell not tell.

The provisions of the criminal law, that crime: insult, libel, violence crime of interference with the freedom of marriage,Crime of abuseSo, this several kinds of crime prosecution right belongs to the victim, the victim is told as a prerequisite for criminals.

(five), the criminal suspect, the defendant's death. The criminal law of our country stipulates the culpability principle, legal responsibility only committed a crime personnel to undertake the behavior. The suspect, the defendant before prosecution or in the litigation process is dead, does not exist the object of punishment, to continue their criminal responsibilities shall be investigated without any practical significance, so it should not be investigated. But the claim compensation for the economic losses, the people's court should be based on specific circumstances, appropriate disposal.

(six), other legal provisions from investigation of criminal responsibility. This means that in addition to the provisions of the criminal procedure law and criminal law, other laws from investigation of criminal responsibility, the people's court, the people's procuratorates and the public security organ shall not be prosecuted.

Seven, under the jurisdiction of criminal cases:

Under the jurisdiction of the criminal procedure law, specifically refers to the public security organs, people's Procuratorate and the people's court to handle criminal cases on the division of work and the people's court system in the trial of criminal cases of first instance division system.

Jurisdiction is divided into two types:1Functional jurisdiction (also known as the filing jurisdiction), refers to the three organs of public security in criminal cases directly accepted division of authority.2Jurisdiction, is refers to according to the different situation of criminal cases and the people's court authority, to determine the scope of criminal cases of first instance trial by which one class, which one, where a people's court, the lower court, the court, the common court and the special between courts and special courts. In the trial of cases of first instance in a jurisdiction division.

Jurisdiction is divided into specific jurisdiction, jurisdiction and exclusive jurisdiction.

The grade jurisdictionRefers to the division of labor, the people's courts at all levels in the trial of criminal cases of first instance jurisdiction of first instance cases, namely, to determine what should be the level to which the people's court issues.

(a) the basic people's court as the court of first instance criminal cases. "Criminal Procedure Law" article19Article: "the basic level people's court as the court of first instance criminal cases, but in accordance with this law, the superior people's court jurisdiction except".Simply put: ordinary criminal cases of first instance, in principle by the primary jurisdiction.

(two) under the jurisdiction of the intermediate people's Court of first instance criminal cases.

1Counterrevolutionary cases, cases endangering State security;2Ordinary criminal cases punishable by life imprisonment, the death penalty;3Criminal cases involving crimes committed by foreigners.

(three) under the jurisdiction of the higher people's Court of first instance criminal cases. Is the province of major criminal cases.

(four) under the jurisdiction of the Supreme People's Court of first instance criminal cases. Is the major criminal cases nationwide.

Territorial jurisdiction, refers to people's courts at the same level trial of criminal cases of first instance scope division.

"Criminal Procedure Law" article24Regulation: criminal cases shall be under the jurisdiction of the people's court to the crime. If the defendant resides to the people's court is more appropriate, can be under the jurisdiction of the people's court settlements by the defendant. Article25Regulation: a few of the people's courts have jurisdiction over a case, the people's court that first accepted by. When necessary, can be transferred to the main criminal trial of the people's court.

So-calledThe crimeIn general, including preparation of crime, crime, crime and the implementation of the disposal of stolen goods.

Specific jurisdiction, refers to the special people's courts and the ordinary people's courts or special people's court, the trial of criminal cases of first instance in the division of labor. "Court organization law" article2Regulation: the special people's courts include: military courts, railway transportation courts and the maritime court and the court of other specialized.

 The public security organs on the case on file for investigation, the front-The basic functions of public security organs in the criminal procedure:Already mentioned, here no longer repeat.

Eight, avoid:

What is the challenge? Avoidance refers to the judicial personnel, have a certain relationship with the case or the parties prosecutors, investigators shall not participate in the trial of the case, investigation, prosecution and other activities. 　

"Criminal Procedure Law" article28Rules: any of the following circumstances judges, prosecutors, investigators, shall voluntarily withdraw, the parties and their legal representatives shall have the right to request him to withdraw:

(a) is a party to the case or a near relative of the party;

(two) interested himself or his close relatives and the case;

(three) served as the case of the witnesses, authenticators, the defender, agent ad litem;

(four) there are other relationship with a party to the case, which may affect the impartial handling of the case.

"Criminal Procedure Law" article31Regulation: No.28,29,30The provisions also apply to court clerks, interpreters and identification of human.

Avoidance can be divided into self avoidance and apply for withdrawal in two cases.

Self avoidance, refers to a judge, legal avoidance of prosecutors, investigators volunteered to avoid.

Application for withdrawal, refers to the case of the parties and their legal representatives, that judges, prosecutors, investigators have legal avoidance situation, may affect the impartial handling of the case to the people's court, the people's Procuratorate, public security organ for, asking them to avoid.

The investigation personnel including: public security organs responsible for the investigation work of public security personnel or prosecutors and the case handled by the decision of the responsible person or the prosecutor. Need to emphasize, make a decision on withdrawal of investigators, the investigators could not stop the investigation of a case.

The procedures for handling avoidance requirements, avoid the judges, prosecutors, investigators, respectively by the president of the court, prosecutor, the head of a public security organ; the withdrawal of the president is decided by the court's Judicial Committee; the prosecutor and the head of a public security organ avoidance, determined by the procuratorial committee of the people's Procuratorate at the same level. A clerk, translators and strengthen people to avoid, in the investigation stage in general by the investigation organ the person responsible for the decision. In the stage of review and prosecution by the people's Procuratorate decided, be decided by the people's court in the trial stage.

Type nine, criminal evidence:

According to different standards, may carry on the different classification of evidence. In order to prove the effect of evidence as the standard, can give evidence as evidence of guilt and innocence evidence: the evidence of the origin as the standard, the evidence is divided into the original evidence evidence and evidence can prove directly; the main facts of a case as a standard, the evidence is divided into direct evidence and indirect evidence to form; evidence for the standard, but also the evidence into verbal evidence and physical evidence.

"Criminal Procedure Law" the forty-second stipulation: all facts that prove the true circumstances of the case, is evidence.

There are the following seven kinds of evidence: (a) material evidence, documentary evidence; (two) the testimony of witnesses; (three) the statement of victims; (four) the suspect, the defendant confession and exculpation; (five) the appraisal conclusion; (six) the inquest, inspection record; (seven) audio-visual materials. The above evidence must be verified before it can be taken as a basis.

Rule forty-third: judges, procurators and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, and can absorb them to assist in the investigation.

What is the audio-visual materials? Refers to the information that the truth of the case evidence to recording, video, computers and other high-tech equipment store.

Audio-visual materials as a kind of lawsuit evidence, is the product of the rapid development of modern science and technology. It has strong objectivity, large amount of information, high precision, action, form has the characteristics of continuity, but also has the following weaknesses: first, forge convenient. Such as tapes, video tapes easily flushed, degaussing, editing, computer virus infection easily even by transforming the input, output data; second, tampering, forgery, by human sense is often difficult to find. Therefore, the use of audio-visual materials, must seriously examine the authenticity of the heart, to judge, as determined in accordance with the case.

Ten, to bear witness and witness qualifications: - contains two questions.

"Criminal Procedure Law" the forty-fifth stipulation: the people's court, the people's procuratorates and the public security organs shall have the authority to the relevant units and individuals collected, obtaining of evidence. The relevant units and individuals shall provide truthful evidence. 　

The witness must be a natural person, must personally witness, can not be changed, can not be replaced.

Rule forty-eighth: those who know the circumstances of the case, have the obligation to testify.

Defective or young physically, mentally, to distinguish right from wrong, cannot properly express themselves, not witness.

Eleven, detention, bail, residential surveillance, criminal detention or arrest, concept, applicable conditions, the examination and approval authority:

Coercive measuresIs the public security and judicial organs in accordance with the law to take coercive measures in criminal proceedings to limit or deprive the defendant of the criminal suspect, personal freedom. Criminal coercive measure of arrest, bail, residential surveillance, detention and arrest of five. While the civil, administrative proceedings compulsory measures are mainly: reprimand, ordered to make a statement of repentance, fines and detention. Among them, the civil compulsory measures and issue a warrant, and the administrative proceedings compulsory measures are not.

SummonPublic security organs, refers to the legal subpoena refuses to appear, a compulsory attendance compulsory measures or according to the circumstances of a case shall custody of criminal suspects, defendants have taken.

To summon, the case handling personnel shall fill out the "petition detention report", and attach the relevant materials submitted to the approval of the person in charge, public security organs. Summon should produce "summon card", and ordered the "summon card" signatures, fingerprints. The public security organ may summon the suspect to the designated place of their city, county of interrogation.

BailThe public security organ shall order, refers to the criminal suspect, defendant to provide a guarantor or pay money, to guarantee its in criminal proceedings not evade or obstruct the investigation, prosecution and trial, and to ensure the becking call a compulsory measure.

Residential surveillance, refers to in order to prevent criminal suspects, defendants escape or hinder the investigation, prosecution and trial, according to law shall be ordered to are not allowed to leave the living areas designated within the prescribed period of time, a compulsory measure and monitor the action.

The bail conditions: 1, residential surveillance may be sentenced to public surveillance, detention or independent use of additional punishment; 2 may be sentenced penalty above, take bail, residential surveillance without danger to the society; the 3 should be arrested criminal suspects, defendants had a severe disease, or are pregnant, lactating he has not reached the age of 1 infants of women; 4 on the detention of criminal suspects, the evidence does not meet the conditions for arrest; 5 draw after the arrest, prosecution not to approve arrest, need to review, review; 6 criminal suspects were in custody cases, it cannot be completed within the statutory time limit, the need to continue the investigation of 7 prosecution after;, prosecutors decided not to prosecute, need to review, review;

Public security organs have the right to apply for bail and residential surveillance, the examination and approval authority for the public security organs at or above the county level. Bail should not be longer than12Months, residential surveillance shall not exceed6Month.

Criminal custodyPublic security organs, people's procuratorates, case directly accepted by, the emergency legal in the course of the investigation, the compulsory measures taken by the temporary deprivation of the criminals or suspects of personal freedom. 　

"Criminal Procedure Law" sixty-first stipulation: the public security organ for the criminals or suspects, if any of the following circumstances, can advance detention:

(1) is preparing to commit a crime, a crime or is discovered immediately after committing a crime; (2) the victim or the eyes see people identify his crime; (3) found evidence of a crime in the side or place; (4) after the crime Dutch act, trying to escape or escaped; (5) the destruction, falsifying evidence or collusion possible; (6) does not say real full name, address, identity is unknown; (7) there are people who commit crimes, crime, gang crime has great suspicion of.

 Criminal detention is one of the compulsory measures for our public security organs most frequently, for detainees, should be in within 24 hours of detention for questioning. That should not be detained by public security organs, people's procuratorates responsible, at or above the county level approval, issued "notice" release, immediately release. Arrest, detention notice "" shall be made within 24 hours, to the families of detainees or unit. But one of the following circumstances, the approval of the people's Procuratorate, the public security organs at or above the county level, can not notice: 1 case crime suspect may flee, destroying, or forge evidence; 2 do not speak true name, address, identity is unknown; 3 other impede the investigation or fail to notice. The condition is eliminated, it shall immediately notify the detainee's family or the unit to which he belongs. To not notice within 24 hours, it shall be indicated in the notice of detention.

Criminal detention for a period of three days, special circumstances, to the time of arrest can be extended by 1 days to 4 days. For major suspects flee hither and thither, repeatedly committing the crime, gang crime, arrest time can be extended to 30 days. Criminal detention, the investigators shall fill out the "petition detention report", responsible for the public security organs at or above the county level people's Procuratorate, approval, issue the "residence permit". Implementation of the detention, must produce a "residence permit", and ordered the suspect in the "warrant" signatures, fingerprints. The criminal suspect refuses to sign, the investigators shall indicate the.

Arrest, is one of the most severe criminal coercive measures of public security organs to the crime suspect, accused person meet the statutory conditions shall be deprived of their liberty in a certain period of time and to the custody of the.

The arrest of the suspect, the defendant, should have the following three conditions:

1 there is evidence to prove the facts of the crime; 2 may be sentenced penalty above; 3 to bail, residential surveillance methods, is still not enough to prevent the occurrence of danger to society, thus necessitating arrest.

The criminal suspect who should be arrested, if suffering from a serious illness, or are pregnant, breast-feeding her own baby, can use the bail pending trial or residential surveillance.

The arrest approval, decided only by the people's Procuratorate and the people's court. Execution of arrest shall be executed by a public security organ. After the arrest of detention for a period of two months, the case is complex, cannot be concluded within the time limit of the case, can be extended for 1 months upon approval of the people's Procuratorate at the next higher level; also can be extended for 2 months upon approval by the provincial people's Procuratorate or decision.

Program execution of arrest and detention procedures are basically the same. The procuratorate, the court request the public security organ executing the arrest, the public security organs will be performed in the service request after the court or procuratorate.

For a criminal detention, arrest of the suspect, the defendant should be immediately sent to the detention center custody. The fugitives seized online fugitives, escape and pursuit, the task requires a temporary post and, should be holding the "download legal procedures", "wanted" or other relevant legal documents and by mail and at or above the county level public security organs shall be responsible for the approval of the person in charge, send to the house of detention.

Unit and method twelve, during the period of:

During the statutory period, refers to the public security and judicial organs and the participants in the proceedings shall or may perform some action or time. 　

"Criminal Procedure Law" seventy-ninth stipulation: during the time, day, month.

During the beginning of the day and not be counted as within the time period.

A legally prescribed time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration, not expired.

"Criminal Procedure Law" eightieth stipulation: the parties due to irresistible causes or for other legitimate reasons and time limit, within five days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the time period.

We simply note the investigation personnel of the public security organ should be familiar with several time: 1 summons, subpoena period shall not exceed 12 hours; 2 criminal detention, arrest should be questioned in 24 hours, should notice a family member or detained, arrested in 24 hours; after the detention period is generally 3 for 3 days, special circumstances may be extended for 1 to 4 days; from one place to another, repeatedly committing the crime, gang crime can be extended to 30 days; 4 arrested after the general term of detention for 2 months, the case is complex, the expiration of the term of level people's Procuratorate cannot end the approval may be extended for 1 months; approved by the provincial people's procuratorate can also be extended for 2 months. 5 of the supplemental investigation for a period of 1 months, the supplementary investigation is limited to two times.

Type thirteen, investigative measures:

Investigation, the people's procuratorates the public security organs, in the process of handling criminal cases in accordance with the laws of surveys and compulsory measures.

Species investigation measures are: 1 the interrogation of criminal suspects; 2 witnesses; 3 inquest, inspection; 4.; 5 seized evidence, documentary evidence identification; 6; 7.

Fourteen basic requirements, interrogation, inquiry:

(a), the interrogation of criminal suspects requirements:

The interrogation of criminal suspects, refers to a kind of investigation investigators in accordance with legal procedures to verbal way to suspect about the facts of the case and other cases related issues. The interrogation of criminal suspects must be carried out by the public security organs, people's Procuratorate investigators questioned, the investigators shall not be less than 2.

Interrogation record is written and the text embodies the interrogation of a criminal suspect. Investigators in the interrogation of a criminal suspect, name and title, should first inform the criminal suspect investigation personnel unit and investigation personnel; to inform the suspect whether to require investigators to avoid? The suspect of investigators question, shall truthfully answer, but irrelevant to the case, have the right to refuse to answer. The rights and obligations in accordance with the law to enjoy and criminal suspects in the investigation stage (can be read out to them the suspect litigation rights and obligations and rights and obligations of the signature book in the book) and shall be recorded in the record. The basic situation, interrogating a criminal suspect illegal experience or resume, family members or social relations; alias, Ceng Yongming, nickname and ethnic, culture degree, occupation, place of birth, address, ID number, whether it is at or above the county level people's Congress and CPPCC members; interrogate the criminal suspect whether a crime, let he stated guilty the plot or the pleas of innocence, then according to the suspect's statements and pleadings, then ask him questions. Interrogation deaf, minority of criminal suspects, should be attended by a deaf mute gestures and language minority people. And this shall be noted in the record. Interrogation shall be handed over the transcripts of interrogation of criminal suspects to check, for not reading ability, should be read to the criminal suspect. If if there is any omission or error, the criminal suspect may make additions or corrections. The suspect acknowledges that the record is free from error, he shall sign or affix his seal and fingerprints. The investigators shall also sign the record at the same time. The suspect requests to write a personal statement, he shall be permitted to. When necessary, the investigators may also ask the criminal suspect to write a personal statement. The suspect interrogation, is strictly prohibited torture to extract confessions and to methods of threat, enticement, deceit or other. For the interrogation of murder or other influential cases of criminal suspects, the interrogation record to make synchronous recording, recording and archiving; or in accordance with the provisions of the relevant authorities to provide.

(two), questioning the witnesses requirements:

The questioning of witnesses, refers to a kind of investigation investigators in accordance with legal procedures to verbal way to query the facts of the case.

The investigators asked the witness, to witness the unit or residence, when necessary, may also notify the witness to the people's Procuratorate or public security organ to provide testimony.

The investigators to witness a unit or residence when asked, must show the people's Procuratorate, the public security organ documents; notify the witness to the public security organ to accept the inquiry, shall issue a "Notice of inquiry".

Witnesses shall be questioned individually. The questioning of witnesses, shall the legal responsibility to inform witness shall faithfully provide evidence, testimony and purposeful perjury or conceal evidence to negative. Ask the witness under the age of 18, his legal representative may be notified to. Asked about the end shall pay witness interrogation record after verification, fingerprint signature (Gai Zhang). The basic requirements and the subsequent interrogation of a criminal suspect is the same.

Fifteen, the penalty executive organs: executive penalty relates to the people's court, public security organs, prisons, detention, detention house, the reformatories for juvenile delinquents.

(a), who is sentenced to death with a reprieve of 2 years, are to be sentenced to life imprisonment, criminal, the public security organ shall be the criminals to prison for execution of the punishment of juvenile offenders, should send a juvenile correctional penalty execution; that is executed by the detention of criminal detention.

(two), who has been sentenced to criminal detention, detention by a public security organ or the execution.

(three), for the temporary execution outside Prison Criminals, performed by the criminal police station of the residence of the public security organ.

(four), who is sentenced to probation criminals, by the local police station to supervise criminal investigation, criminal unit or the grass-roots organization to assist the supervision of criminal settlement.

(five), for a parolee, during the probation period, shall be subject to supervision by public security police station criminal settlement.

(six), who is sentenced to control, deprivation of political rights of criminals, performed by the criminal police station residence.

(seven), the confiscation of property of judgment, whether additional punishment or independently, are executed by the people's court, when necessary, can be jointly with the public security organ. -- of course, this is only the public security organ with the work.

 

 

 

 

 

 

Linfen City Public Security Bureau East Branch  Li Xiyong 

 

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