What are the three pillars of criminal investigation?

The principle of investigation refers to the basic principles that investigation organs should abide by in criminal proceedings. It is a series of basic codes of conduct that investigators must abide by in criminal proceedings. (1) The principle of timeliness requires that after receiving the report, the investigation organ immediately organize the investigation force, formulate the investigation plan, take investigation measures in time, and collect all kinds of evidence of the case. The investigation must be prompt and timely, which is determined by the characteristics of the investigation itself. Prompt and timely investigation is an extremely important condition for successfully completing the investigation task. Investigation is a litigation activity with strong timeliness. After committing a crime, criminals always try their best to conceal, destroy or forge evidence, or form an offensive and defensive alliance with their accomplices, and some may continue to endanger society. In addition, due to natural or other reasons, it is difficult to collect evidence. Therefore, in order to successfully complete the investigation, investigators must implement the principle of quickness and timeliness. (II) The principle of objectivity and comprehensiveness The so-called objectivity means that everything starts from the actual situation, respects the objective facts, understands them according to their true colors, and truthfully reflects them. The so-called comprehensive means to comprehensively investigate, understand and reflect the situation of the case, not just draw conclusions based on a certain plot or part of the material of the case. This principle requires investigators to proceed from the actual situation of the case and collect evidence realistically. It is necessary to collect evidence that can prove the suspect's guilt and guilt, as well as evidence that can prove the suspect's innocence and guilt. (3) In-depth and meticulous principle Criminal cases are ever-changing and very complicated. In the process of investigation, in order to accurately find out the true situation of the case, investigators must also adhere to the principle of in-depth and meticulous. This principle requires investigators to conduct in-depth and detailed investigation and study, find out all the specific circumstances of the crime, and have corresponding evidence to prove it. (4) The principle of relying on the masses requires that in the investigation work, we should not only give full play to the role of specialized agencies, but also be good at relying on the strength of the masses. Criminal suspects live among the broad masses of the people and are familiar with the experience and performance of criminal suspects, which can provide clues for investigators; And because people hate crime, they will take the initiative to crack down on it. Therefore, in the investigation work, investigators should pay full attention to relying on the people's strength. (V) Abide by the principle of legality The principle of procedural legality is a basic principle of criminal proceedings, aiming at bringing criminal proceedings into the track of legalization, so as to prevent the state specialized organs from abusing their powers and acting arbitrarily, ensure the democracy and openness of criminal proceedings, and thus successfully realize the purposes and tasks of criminal proceedings. Investigation is a serious law enforcement activity, and investigation organs and investigators must strictly abide by legal procedures when conducting investigation activities. All kinds of special investigation methods and compulsory measures applied by investigation organs will infringe upon citizens' personal rights, democratic rights or other litigation rights if they are not careful. Therefore, in investigation, investigators must strengthen the concept of legal system and collect evidence in strict accordance with the provisions of the Criminal Procedure Law. It is strictly forbidden to extort confessions by torture, and it is strictly forbidden to collect evidence by threats, seduction, deception, commitment or other illegal methods. Compulsory measures such as arrest and detention must also be taken in accordance with legal conditions and procedures. (6) The principle of secret investigation is a sharp and complicated struggle with various criminal suspects. The contradiction between investigation and counter-investigation runs through the whole investigation process. The nature and characteristics of investigation work determine that it is necessary to keep the secrets of investigation work in the investigation work, and it is strictly forbidden to disclose the case, evidence, parties and participants to irrelevant personnel to ensure the smooth progress of investigation activities. (7) The principle of proportionality means that when the right of investigation infringes upon the rights of citizens, the method that infringes upon the rights of citizens the least must be chosen within the scope prescribed by law. The investigation stage is the most serious stage of confrontation between state power and citizens' basic rights in criminal proceedings. At this stage, the exercise of investigation power may involve the restriction or deprivation of citizens' individual rights and freedoms, and the confrontation between state power and citizens' individual rights is more acute than in other fields. Based on this feature in the investigation stage, modern countries ruled by law have generally established the principle of proportionality, and set the infringement of investigation power on citizens' personal rights within a reasonable range. Some provisions of China's criminal procedure law embody the principle of proportionality. For example, as stipulated in Article 60 of the Criminal Procedure Law, measures such as obtaining a guarantor pending trial and residential surveillance are not enough to prevent social danger for criminal suspects and defendants who have evidence to prove the facts of the crime and may be sentenced to more than fixed-term imprisonment, but if it is really necessary to arrest them, they should be arrested immediately according to law. However, the implementation of the principle of proportionality in China's criminal procedure law is far from enough, especially in the investigation stage. For example, in judicial practice, investigators are very casual in the application of litigation means, and the application of some compulsory litigation means is too loose. In order to avoid excessive infringement of citizens' individual rights, the principle of proportionality must be established in the criminal procedure law.