Traditional Culture Encyclopedia - Traditional virtues - What are the means of investigation?

What are the means of investigation?

Satisfied with the answer Zhongguo defense lawyers level 42011-05-20Public security organs can take a lot of investigation means, such as querying citizen-related information, deposits, the use of informants, high-tech means of investigation and so on. Detection refers to the activities of the investigating authorities in criminal proceedings in order to find out the facts of the crime and capture the suspect, and the specialized investigation work and the use of relevant coercive measures in accordance with the law. It generally begins when a case is filed and ends when a decision is made as to whether or not the case should be referred for prosecution. The so-called "specialized investigative work" refers to the completion of the investigation task in accordance with the law for the interrogation, inquiry, investigation, inspection, search, seizure of physical or documentary evidence, identification, wanted; the so-called "relevant coercive measures" include" The so-called "relevant coercive measures" include " two categories", one is the coercive force contained in many specialized investigations such as interrogation, search, seizure, wanted, etc. itself. The second is the coercive measures such as detention and summons, release on bail pending trial, residence under surveillance, detention and arrest, which are applied specifically to criminal suspects. The main task of investigation is to find out the facts of the case. Criminal proceedings can be divided into investigation, prosecution and trial of three major procedural stages, investigation activities are mainly carried out in the investigation stage, but in the prosecution and trial stage, if the facts of the case are still considered to require further clarification, according to the law can be carried out supplementary investigation. Second, the understanding of investigation (a) only statutory investigative organs have the right of investigation (b) the object of investigation is a criminal case (c) the content of investigative activities (d) the purpose of investigation has a multi-level (e) investigation is a legal behavioral activities third, the exercise of the right of investigation in our country, the right of investigation can only be by the law has the right of investigation of the organs that the legal investigative organs, the legal investigative organs are mainly public security organs (including state security organs) and the people's procuratorate (including state security organs) and the people's procuratorate (including state security organs). In China, investigative power can only be exercised by organs with investigative power in accordance with the law, i.e., legal investigative organs, and legal investigative organs mainly refer to public security organs (including State security organs) and people's procuratorates. Any other organ, organization or individual that does not have investigative powers under the law is prohibited from exercising investigative powers. There is a clear division of labor among investigative organs in the exercise of investigative power. The public security organs are the primary investigative organs, undertaking most of the investigation of criminal cases, and article 18 of China's Criminal Procedure Law therefore stipulates that "the investigation of criminal cases shall be carried out by the public security organs, unless otherwise provided for by law." At the same time, this article also makes clear provisions on the criminal cases that the people's procuratorates are responsible for investigating in accordance with the law. "Crimes of corruption and bribery, crimes of dereliction of duty on the part of state officials, and crimes of unlawful detention, extortion of confessions by torture, retaliation and entrapment, and unlawful searches committed by officials of state organs in the exercise of their functions and crimes of infringing on the personal rights of citizens, as well as crimes of infringing on the democratic rights of citizens, shall be investigated by the people's procuratorates. For other major criminal cases committed by staff of state organs utilizing their powers, when they need to be accepted directly by the people's procuratorate, they may be investigated by the people's procuratorate upon a decision of the people's procuratorate at or above the provincial level."