Traditional Culture Encyclopedia - Traditional virtues - Public security 9 technical investigation means
Public security 9 technical investigation means
What kinds of public security technical investigation means?
One, the types of technical investigation
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 including electronic eavesdropping, telephone listening, electronic monitoring, secret photography, video, mail inspection and other secret specialized technical means.
Two, the scope of application
Technical investigation measures in the State Security Law and the People's Police Law, the Criminal Procedure Law, which came into force on January 1, 2013, the second part of Chapter II, Section 8 of the main body of technical investigation measures, the scope of application, procedures and deadlines for clear provisions.
According to Article 148 of China's Criminal Procedure Law, the scope of application of technical investigation measures shall be the following cases:
1. After the public security organs have filed a case, they may take technical investigation measures in accordance with the needs of the investigation of a crime, after strict approval procedures, in cases of crimes against state security, crimes of terrorism, crimes of triad-like organizations, major drug-related crimes, or other crimes seriously endangering the society, in accordance with the needs of the investigation of a crime. procedures, technical investigation measures may be taken.
2. After a case has been filed, the people's procuratorate may, in the case of a major corruption or bribery crime or a major crime that seriously infringes on the personal rights of citizens committed with the use of its authority, adopt technical investigation measures in accordance with the needs of the investigation of the crime and after a strict authorization procedure, and hand them over to the relevant organ for implementation in accordance with the regulations.
3. In the pursuit of fugitive criminal suspects or defendants who are wanted or whose arrests have been authorized or decided upon, technical investigative measures necessary for the pursuit may be taken, subject to authorization.
3. Approval Procedures
Article 149 of China's Criminal Procedure Law stipulates that the decision to approve (technical investigative measures) shall be based on the needs of the investigation of the crime, and shall determine the types of technical investigative measures to be taken and the objects to which they are to be applied.
The authorization decision shall be valid for a period of up to three months from the date of its issuance. For those who do not need to continue to take technical investigation measures, they shall be discharged in a timely manner; for complex and difficult cases, where it is still necessary to continue to take technical investigation measures after the expiration of the period of time, the validity period may be extended upon authorization for a period of not more than three months at a time.
It can be seen that the technical investigation measures need to go through a strict approval process, but how to apply, the need for the supreme people's procuratorate and the public security organs to make a detailed explanation.
Technical investigation measures are valid for three months; for complex and difficult cases, they can be extended with approval according to the needs of the case, but shall not exceed three months at a time.
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