What is the approval procedure for technical investigation?

I. Procedures for examination and approval of technical investigation measures

Article 149 of China's criminal procedure law stipulates:

(Technical Investigation Measures) The approval decision shall determine the types and applicable objects of technical investigation measures according to the needs of investigating crimes. The approval decision is valid for three months from the date of issuance.

Those who do not need to continue to take technical investigation measures shall be lifted in time; For complex and difficult cases, if technical investigation measures need to be taken after the expiration of the time limit, the validity period may be extended after approval, and each time shall not exceed three months.

Technical investigation measures need to go through strict examination and approval procedures, but how to apply them needs detailed explanations from the Supreme People's Procuratorate and public security organs.

The technical investigation measures are valid for three months. For complex and difficult cases, it may be extended according to the needs of the case and approved, but each time it shall not exceed three months.

Two. Technical investigation measures for cases to be approved:

(a) the scope of application of technical investigation measures of public security organs:

According to Article 254 of the Procedures for Handling Criminal Cases by Public Security Organs, the scope of application of technical investigation measures is as follows:

1, crimes endangering national security, terrorist crimes, organized crimes of underworld nature, and major drug crimes;

2. Serious violent crimes such as intentional homicide, intentional injury, or death, rape, robbery, kidnapping, arson, explosion, and throwing dangerous substances;

3. Group, serial and trans-regional major criminal cases;

4, the use of telecommunications, computer networks, delivery channels and other major criminal cases, as well as major criminal cases against computer networks;

5. Other criminal cases that seriously endanger society can be sentenced to fixed-term imprisonment of more than seven years according to law.

6. The public security organ may take necessary technical investigation measures against the fugitive criminal suspect or defendant who is wanted or has been approved or decided to arrest.

(two) the scope of application of the technical investigation measures of the people's procuratorate:

According to Article 263 of the Criminal Procedure Rules of the People's Procuratorate (Trial), the scope of application of technical investigation measures is as follows:

1. After the people's procuratorate files a case, it can take technical investigation measures for major corruption and bribery cases with a price of more than 100,000 yuan, cases in which it is difficult to collect evidence by other methods, and major criminal cases in which citizens' personal rights are seriously violated by taking advantage of their powers. After strict examination and approval procedures, they can be handed over to relevant authorities for execution.

2. The crime of corruption and bribery stipulated in this article includes the crime of corruption and bribery, the crime of unit bribery, the crime of unit bribery, the crime of introducing bribery, the crime of unit bribery and the crime of using influence as stipulated in Chapter VIII of the Specific Provisions of the Criminal Law.

The major criminal cases that seriously infringe upon citizens' personal rights by taking advantage of their functions and powers as stipulated in this article include illegal detention, illegal search, extorting confessions by torture, obtaining evidence by violence, maltreating prisoners, taking revenge and framing. , social impact is greater, the consequences are serious or the circumstances are particularly serious.

3. The people's procuratorate may, upon approval, take technical investigation measures necessary for the pursuit of the wanted criminal suspect or defendant who is at large or whose arrest has been approved or decided, and is not limited by the scope of the case stipulated in Article 263 of these Rules.

Extended data:

Requirements:

1. The main users of technical investigation measures can only be public security organs and state security organs. According to the provisions of the Criminal Procedure Law, public security organs and state security organs decide and implement the application of technical investigation measures on their own, and at the same time give the self-investigation department of the people's procuratorate the right to decide, but the power of enforcement shall be exercised by public security organs or state security organs.

2. According to the provisions of Article 148 of the Criminal Procedure Law, the scope of application of technical investigation includes three situations: in the process of investigation, public security organs and state security organs, "after filing a case, for crimes endangering national security, terrorist activities, organized crimes of underworld nature, major drug crimes or other serious social hazards,

Technical investigation measures can be taken in criminal cases; In the process of handling self-investigation cases, procuratorial organs can take technical investigation measures for major corruption and bribery crimes and major criminal cases that seriously infringe on citizens' personal rights by using their powers. A fugitive criminal suspect or defendant who is wanted or whose arrest has been approved or decided to be arrested may, upon approval, take technical investigation measures necessary for the pursuit.

3. In order to maintain the security of irrelevant information, investigators should keep confidential the state secrets, business secrets and personal privacy they know in the process of taking technical investigation measures; Materials irrelevant to the case obtained through technical investigation must be destroyed in time. Moreover, the materials obtained by technical investigation measures can only be used for the investigation, prosecution and trial of crimes, and shall not be used for other purposes.

4. Cooperation obligations of relevant units and individuals. The Criminal Procedure Law stipulates that the public security organs shall take technical investigation measures according to law, and the relevant units and individuals shall cooperate and keep the relevant information confidential.

5. In this section, the Criminal Procedure Law also emphasizes the use of two secret investigation measures.

The first is the investigation of "concealing identity". In order to find out the case, if necessary, the relevant personnel may conceal their identity and conduct an investigation upon the decision of the person in charge of the public security organ. However, taking this measure shall not induce others to commit crimes, and shall not take methods that may endanger public safety or cause great personal danger.

Second, it is delivered under the control of secret monitoring measures often used in the circulation of contraband such as drug crimes. Mainly for criminal activities involving the payment of drugs and other contraband or property, the public security organs can implement controlled delivery according to the needs of investigating crimes.

7. According to Article 152 of the Criminal Procedure Law, materials collected by technical investigation measures according to law can be used as evidence in criminal proceedings, and whether they are used as criminal evidence is at the discretion of the procuratorial organs. It is important to note that the use of these evidences cannot endanger the personal safety of relevant personnel, or may have other serious consequences.

The relevant competent departments shall take protective measures such as not exposing the identity and technical methods of relevant personnel; If necessary, the way of "out-of-court verification" can also be adopted, that is, the judge verifies the evidence outside the court and does not cross-examine it in court.

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