Reconnaissance Requirements and Countermeasures in Intelligence Cases

Interrogation of criminal suspects is an investigative measure for investigators to find out the facts of the case, in accordance with the legal procedures, in order to interrogate criminal suspects in a verbal way, interrogation of criminal suspects is an important part of anti-corruption investigation. For a long time the interrogation of criminal suspects has become a powerful weapon in the fight against corruption and bribery, and plays a very important role in the investigation work. Because the anti-corruption investigation mode is different from that of the public security organs, the cases investigated by the procuratorial organs generally have clearer suspects at the beginning, but the informants, due to the limitations of many factors, are often difficult to provide more and more specific information, so that whether or not the suspects have the facts of the crime, and what kind of facts of the crime are not very clear. The task of the investigators is based on the clues that have been grasped, following the suspect's behavior, extensive collection of evidence, to find out the facts of the crime, i.e., the investigation mode is generally investigated by the people. At present, as the procuratorial organs, secret investigation, technical investigation and other means due to the backwardness of their own technology and equipment, as well as a number of other reasons, in the investigation process can play a role in the role has great limitations. Therefore, for the time being, we strengthen the sense of evidence, strengthen the collection of evidence under the premise that the interrogation work as anti-corruption investigation work is still the most important. On the other hand, whether there are criminal facts and what kind of criminal facts exist, the suspect himself knows the most clearly, and the confession of the suspect himself is also one of the legal evidence. Of course, our attitude towards confession should adhere to the heavy evidence, not gullible confession, to firmly abandon the kind of confession as the king of evidence of the backward concept.

According to the provisions of the Criminal Procedure Law, a summons and detention only lasts for 12 hours, which means that after 12 hours you are faced with the question of releasing the person or taking detention measures. Therefore, the case can only have certain conditions, the suspect can be positive contact to interrogate. For this reason, we must do a good job in the preliminary investigation before questioning the suspect, as well as the preliminary investigation after the case is filed, through which evidence of the suspect's suspected crimes will be collected. In this way, we can be prepared. If the preliminary work is not done well, the evidence we have is not solid enough, not enough, once the suspect puts forward the so-called reasonable defense, and the time reaches 12 hours, it will lead to the passivity of our work. Do not release, violate the procedural law, release, has hit the grass, the future work is often difficult to carry out. So before the interrogation, we must do a good job of preparation.

One, to develop an outline of the interrogation.

Before the interrogation must be developed to investigate the plan, do not mind countless, rushed into action. Through the development of interrogation outline, clear interrogation of the purpose of the requirements and priorities, the steps and methods of interrogation, to ask questions and order, the suspect's possible defense and its countermeasures and so on. I think a more successful interrogation outline should include:

1, the identity of the subject, job facilitation interrogation; through this comprehensive understanding of the suspect is suspected of criminal job facilitation and how to use the job facilitation to commit a crime or cover up the crime.

2, the interrogation of the suspected facts of the crime, in accordance with the several elements of the crime, the facts of the crime for a comprehensive interrogation, and according to the nature of the suspected crime is different, respectively, there is a focus on interrogation, such as embezzlement, we have to ask how to deal with the accounts and how to get the stolen money, bribery, we have to ask about the details of the handing over of the money as well as the profit-making situation; finally, we must ask about the Stolen money to go, one for the recovery of economic losses, the second is the need to dig deeper into the crime (the case of He Gang)

3, on the lesser offense, surrender, merit and other circumstances of the interrogation. Both to collect evidence of guilt, but also to collect evidence of innocence, misdemeanor, so as to achieve the legal requirements of the entity justice and procedural justice of the unity.

Two, do a good job of preparation before the interrogation.

First of all, familiarize yourself with the case. As a participant in the interrogation of investigators, including the record of the clerk must be reported materials, evidence and the degree of proof of these evidences have been obtained, there are still those issues are not clear, what evidence is still missing, the people involved in the case and the suspect's social relations and so on, to be familiar with the chest, so as to be prepared for any problems. In the interrogation before, we must also through the transposition of thinking, in advance, think of the suspect may be defended all kinds of reasons, and serious collection of evidence, exhaustive possession of materials, in order to block the way back. This method is somewhat similar to the prosecution department in the trial before predicting the defense of the defense, in any case, only in possession of solid evidence as well as the suspect's defense of the reasons for the full argumentative analysis, before the interrogation work can begin.

Secondly, the suspect's various circumstances should be carefully analyzed and studied. In the initial investigation stage of the case should pay attention to collect the suspect's personal as well as family and other circumstances. Through the suspect's age, education, hobbies, personal experience, source of income, family background, social relations, etc., to analyze the suspect's psychological characteristics and interrogation of possible psychological changes in the situation. Here is an example, in the process of obtaining evidence from wang mou (occupation for a company's deputy finance manager), we contact wang mou before, fully understand the personal situation of wang mou as well as the content of the work: wang mou is a war veteran, often years of positive education, people are more decent, style of thunder and lightning, after analysis, we believe that their own suspected crime after the interrogator's education, it should have positive Recognize, that is to say, it can psychologically to the contractor has a sense of identity, confession of the main facts of its suspected crime does not exist a big problem. But because the case is *** with the crime, it has been investigated by the procuratorial organs in the same offender has been the news, may have been equipped with the relevant anti-investigation means, their own problems have to escape as a crime to deal with the statement; At this time, we are suspected of committing a crime from the Wang time, place, cause, specific circumstances and other details over and over again combing to check and found that the Wang as the treasurer, may be the use of the convenience of their positions Conditions, suspected of committing a crime after falsifying accounts to avoid the possibility of combating. It is because before the interrogation, we exhaustively analyze the background of wang mou as well as the evidence of the suspected crime material, so in the interrogation process, wang mou has been following the contractor's line of questioning forward, and in accordance with our prediction, put forward the so-called before the crime will be returned to the unit of the statement of the stolen money, as a result of the prediction and mastered a part of the account material, so wang mou's statement does not break, not only the truthfully The fact that he not only truthfully confessed to the suspected bribery, but also to the contractor truthfully confessed to hear of accomplices in the crime of falsifying accounts in an attempt to evade the crackdown on the practice. The interrogation of this case has achieved its purpose.

Third, focus on interrogation.

Because of the pre-detention interrogation only 12 hours, so as the investigators must have a strong sense of time, in the interrogation process must focus, seize the suspects were summoned by the procuratorial organs after the fear of psychology, skillfully according to the existing evidence, highlighting the weak links, through the use of psychological warfare, to destroy its mental defenses, make sure to do within 12 hours to make the confession plus the existing Evidence to meet the detention standards, in order to lay a solid foundation for the next step in the investigation. This requires the interrogators and recorders in the investigation transcript and the first interrogation of the suspect in the production of the transcript, seize the focus of the interrogation, not in the main facts of the case does not affect the minutiae and the suspect too much entanglement. If you encounter a moment can not be resolved but can not be avoided, you can let the suspect appropriate defense and do vague treatment, but the subsequent evidence collection work, must be for the suspect raised doubts or defense, in order to verify as soon as possible to find out.

Four, the comprehensive use of various investigative techniques.

In the interrogation of the suspect at the same time, other staff should be carried out at the same time to search the suspect's home, office, questioning key witnesses, recovery of stolen goods and other work. Through the development of these tasks, on the one hand, for the interrogation to provide more powerful evidence to support, on the other hand, also for the next step in the detention of suspects to provide the basis for decision-making. Here to talk about the whole synchronous audio-video views, the implementation of the measures, indeed, the traditional interrogation methods put forward some challenges, especially in the past, some of the customary suspected of pointing to confessions to induce confessions of gray language in the audio-video recording of the conditions need to be completely banned. But we also want to see the favorable aspects of the system, that is, the evidence of the confession of the evidence of the fixed as well as the effectiveness of the evidence to play a better role in promoting the previous suspects to deny the authenticity of the confession, false accusations of the contractor of all kinds of reasons in the system often lose their roles, and at the same time, the system to a certain extent, the suspect can be reduced to retract the confession of the possibility of.

V. Fixation of confessions and the prevention of retraction.

The confession as verbal evidence has great instability. Criminal suspects were suddenly summoned by the procuratorial organs, due to lack of preparation, in front of the existing evidence and interrogation is often forced to explain some of the problems. Afterwards, when the mood stabilized, the suspect is in the tend to avoid good instincts, often will find all kinds of excuses, for their own defense, retracted confession, and even on their own has been accounted for the problem to be denied. In this regard, as investigators must be prepared in advance psychologically. This requires us in the interrogation process must listen carefully to the release of suspects on related issues, the defense, do not rush, do not let the suspects to defend. Because listen carefully to the suspect's defense, on the one hand, is the right to its own defense of respect; on the other hand, the investigators through its defense, to think in advance of its future may be the reason for retracting the confession, the development of its retraction of the countermeasures.

Most of the retracted confessions are centered around the elements of the crime, so in the interrogation, must be the four elements of the crime must be asked to find out the relevant questions, and to prove with relevant evidence. For some ambiguous language used by the suspect in the confession, must be pursued, and must be prompted to say the original intention. Otherwise, in the future, in the prosecution stage or trial stage, the suspect is likely to use the ambiguity of the words themselves, to retract the confession. For the suspect's subjective purpose of the crime must also be asked to ask details, prompting him to dig deeper into the root of their own crimes, so as to improve the credibility of the confession. In addition, in general, after the interrogation statement is done, to let the suspect on its suspected crime to write a confession and the ideological understanding of the mistakes made. Of course, if possible, it is best to interrogate the interrogation process at the same time by video to be fixed.