Traditional Culture Encyclopedia - Traditional stories - Modern criminal investigation will resort to what means;.
Modern criminal investigation will resort to what means;.
1, interrogation of suspects;
2, questioning witnesses, victims;
3, investigation, inspection;
4, search;
5, seizure of physical evidence, documentary evidence;
6, identification;
7, identification;
8, wanted
(ii) Technical investigative measures. Usually include electronic eavesdropping, telephone listening, electronic surveillance, covert photography, video recording, mail checking and other secret specialized technical means.
I, criminal investigation what investigation means
(A) technical investigation means
Technical investigation means in the investigation of various types of crime cases, in order to obtain a variety of intelligence, information, data, etc., by professionals through specialized procedures secretly used in accordance with the law of the proprietary technology, methods, means and measures. In addition, the technical investigation means can also be understood as technical reconnaissance means, is the military technical reconnaissance means.
1, interrogation of suspects
2, questioning witnesses, victims
3, investigation, inspection
4, search
5, seizure of physical evidence, documentary evidence
6, identification
7, identification
8, wanted
(ii) criminal technical investigation means
The use of technical investigation means to detect and expose crime, is the world's investigative agencies to fight crime is a common practice, especially against endangering national security and public **** security, smuggling, drug trafficking, corruption and bribery crimes, as well as organizing, leading, participating in triad nature of the organization or a terrorist organization and other crimes, the technical means of investigation with the general means compared to the general, has irreplaceable advantages, can achieve twice the result with half the effort! To become the investigating authorities to defeat the enemy's magic weapon.
(C) technical investigation measures
Technical investigation measures, refers to the investigative organs in order to detect the needs of a particular crime, according to the relevant provisions of the state, after strict approval, to take a specific technical means. Technical investigation behavior is the use of technical investigation measures of investigation behavior. Usually include electronic eavesdropping, telephone listening, electronic monitoring, secret photography, video, mail inspection and other secret specialized technical means.
Second, which cases can be applied to technical investigation means
According to the provisions of Article 148 of the Criminal Procedure Law of China, the scope of application of technical investigation measures for the following cases:
1, (Public Security Organs, State Security Organs) endangering national security crimes, crimes of terrorist activities, crimes of underworld organizations, major drug-related crimes, or other crimes that seriously endanger the society.
2. (Procuratorial organs) use their powers to commit major crimes that seriously violate the personal rights of citizens;
3. (Public Security Organs, State Security Organs, Procuratorial Organs) pursue and arrest the fugitive criminal suspects and defendants who are wanted, or who have been approved or decided to be arrested.
After the Criminal Procedure Law made principle provisions on the scope of application of technical investigation measures, the public security organs and people's procuratorates issued separate regulations to refine them:
(1) Scope of application of the public security organs' technical investigation measures
According to article 254 of the provisions on the procedures of public security organs for handling criminal cases, the scope of application of the technical investigation measures is the following cases:
1, cases in which a suspect or defendant is wanted or has been approved or decided to be arrested, and cases in which the suspect or defendant is wanted or has been approved or decided to be arrested. /p>
1, crimes against national security, crimes of terrorist activities, crimes of organizations of a triad nature, major drug crimes;
2, intentional homicide, intentional injury resulting in serious injury or death, rape, robbery, kidnapping, arson, explosions, the release of hazardous substances, and other serious crimes of violence;
3, syndicated, serial, trans-regional major crimes;
4, the public security organs to deal with criminal cases, the scope of application of technical investigation measures.
4, major crimes committed by using telecommunication, computer network, sending and delivering channels, as well as major crimes committed against computer networks;
5, other crimes that seriously jeopardize the society and may be sentenced to more than seven years of imprisonment according to the law.
6. The public security organs pursuing the fugitive criminal suspects or defendants who are wanted or approved or decided to be arrested may take technical investigation measures necessary for the pursuit.
(2) Scope of application of technical investigation measures of the people's procuratorate
According to Article 263 of the Rules of Criminal Procedure of the People's Procuratorate (for Trial Implementation), the scope of application of technical investigation measures shall be in the following cases:
1. In cases of major crimes seriously infringing on the personal rights of citizens which the people's procuratorate, after filing a case, has committed by use of its power, the people's procuratorate, after a rigorous authorization procedure, can adopt technical investigation measures and hand them over to the relevant authorities for execution.
2. Cases of major crimes involving serious infringement of citizens' personal rights committed with the use of official powers as provided for in this article include cases of unlawful detention, unlawful searches, coerced confessions under torture, evidence collection by violence, abuse of persons in custody, and retaliation for framing up a case which have a significant impact on society, have caused serious consequences, or are of particularly serious circumstances.
3. If a people's procuratorate handles a case directly under investigation and needs to pursue a fugitive criminal suspect or defendant who is wanted or approved or decided to be arrested, it may, upon approval, take the technical investigative measures necessary for the pursuit without being subject to the limitations on the scope of the case as stipulated in Article 263 of these Rules.
(C) the scope of application of the technical investigation measures of the supervisory organs
While the supervisory organs do not have the power to investigate criminal cases, nor do they have the technical investigation measures, according to Article 28 of the Supervision Law, the supervisory organs investigating the suspected major crimes of embezzlement and bribery and other crimes of duty, according to the needs, after strict approval procedures, they can take technical investigation measures. Technical investigation measures and technical investigation measures have different names, but there is no difference in substance.
The subject of the use of technical investigation measures can only be the public security organs and state security organs. According to the provisions of the criminal procedure law, the public security organs, the state security organs to decide on their own with the implementation of the application of technical investigation measures, at the same time to give the people's procuratorate self-investigation department to decide, but the right of implementation by the public security organs or state security organs. Technical investigative measures must be taken in strict accordance with the types of measures authorized, the targets to which they apply and their duration. The authorizing authority shall make a decision on the taking of technical investigative measures in accordance with the needs of the investigation of the crime, and shall determine the types of measures to be taken and the persons to whom they are to apply.
Legal Basis
Article 148 of the Criminal Procedure Law of the People's Republic of China*** and of the State of China The investigating authority shall inform the criminal suspect or the victim of the appraisal opinion used as evidence. If the suspect or the victim applies, the appraisal may be supplemented or reappraised.
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