Abuse of technical investigation measures to check the problem of hidden problems against the situation

Legal analysis: when China's reform continues to deepen, the rapid development of the economy, the transformation of the system, the emergence of new things, the way the crime is also increasingly presenting intelligent, technological, highly covert, group, organizational, anti-detection characteristics, which led to the traditional mode of investigation into the predicament of the closing rate "difficult to produce. This has led to the traditional investigation mode being in trouble, and the case completion rate being "difficult to produce", in particular, the difficulty of investigating job-related crimes is the most obvious, therefore, in the new law enforcement environment, in order to punish the crimes, the investigating authorities are seeking for changes and breakthroughs in the new investigation methods.　Although the provisions of China's Criminal Procedure Law on technical investigation measures have been stipulated in principle in legislation, they are not very operational, for example, "other crimes that seriously jeopardize the society", "major crimes that seriously violate the personal rights of citizens by using the authority to commit such crimes", although the procuratorates and the investigating agencies have been working closely with the investigating agencies, the investigating agencies are seeking changes and breakthroughs in the new law enforcement environment. "Although the procuratorates and public security organs have refined these provisions, as judicial interpretations, their legal status is far lower than that of the law. Here our country only take "generalized" legislation, through the use of vague words, expand the scope of application of technical investigation, not only lead to the violation of the rights and interests of citizens, but also with the punishment of crime and protection of human rights of the criminal procedure value is contrary to.

Legal basis: The Criminal Procedure Law of the People's Republic of China

Article 150: The public security organs may, after filing a case, take technical investigation measures in accordance with the needs of the investigation of a crime, after strict approval procedures, in cases of crimes against national security, crimes of terrorism, crimes committed by organizations of a triad nature, major drug-related crimes, or other crimes that pose a serious danger to society. measures.

After a case has been filed, the people's procuratorate may, in the case of a major crime that seriously infringes on the personal rights of a citizen and is committed with the use of its powers and authority, and in accordance with the needs of the investigation of the crime, and after rigorous authorization formalities, take technical investigation measures, which shall be handed over to the relevant organ for execution in accordance with the regulations.

The pursuit of fugitive criminal suspects or defendants who are wanted or whose arrests have been authorized or decided upon may, after approval, be subject to such technical investigative measures as are necessary for the pursuit.

Article 151 of the authorization decision shall determine the types of technical investigative measures to be taken and the objects to which they shall be applied in accordance with the needs of the investigation of the crime. The authorization decision shall be valid for up to three months from the date of its issuance. For no need to continue to take technical investigation measures, shall be promptly lifted; for complex and difficult cases, the expiration of the period is still necessary to continue to take technical investigation measures, after approval, the validity period can be extended, each time shall not exceed three months.

Article 152 The adoption of technical investigation measures must be carried out in strict accordance with the types of measures approved, the applicable targets and the period of time.

Investigators shall keep confidential the state secrets, commercial secrets and personal privacy known in the course of taking technical investigative measures; materials unrelated to the case obtained by taking technical investigative measures must be destroyed in a timely manner.

The materials obtained by technical investigative measures can only be used for the investigation, prosecution and trial of crimes, and may not be used for other purposes.

The public security organs shall take technical investigation measures in accordance with the law, the relevant units and individuals shall cooperate and keep the relevant information confidential.

Article 153 In order to find out the facts of a case, when necessary, by decision of the head of a public security organ, the investigation may be carried out by a person whose identity is concealed. However, no one may be induced to commit a crime or use methods that may jeopardize public ****safety or involve great personal danger.

For criminal activities involving the giving of drugs and other contraband or property, the public security organs may, in accordance with the needs of the investigation of the crime, carry out controlled deliveries in accordance with the provisions.