4. 1 filing evidence
When a drug case is put on file for investigation, it should be proved by evidence materials such as reports, complaints and reports of relevant personnel, or materials of criminal suspects surrendering themselves, or materials of drug crimes discovered by public security organs in the course of performing their duties, or materials of drug crimes transferred by relevant departments.
4. 1. 1 report, complaint, report or surrender materials
(1) Reports, complaints and reports can be made in writing or orally. In case of oral report, complaint or report, the accepting staff shall make a written record, which shall be signed or sealed by the informant, complainant and informant after reading it out correctly.
(two) online reporting, complaints, reports, to deal with the page screenshot print attached volume, and indicate the source.
(three) telephone reports, complaints, reports, the staff should make a record, indicating the basic information of the informants, telephone numbers and other information.
(4) If the criminal suspect voluntarily surrenders himself, the accepting staff shall make a written record, which shall be signed and sealed by the surrenderer.
(five) reports, complaints, reports may lead to retaliation, the relevant units shall fulfill the obligation of confidentiality, and the relevant materials for technical processing.
4. 1.2 Drug-related crime materials discovered by public security organs in performing their duties
If a public security organ finds a drug crime in the course of performing its duties such as daily patrol and routine inspection, the staff shall record the relevant information in writing, sign and affix the official seal of the unit. Written materials written by the staff, one for each person, cannot be written together.
4. 1.3 Drug crime materials handed over by relevant departments
(a) the relevant units in their daily work found that drug crimes were transferred to public security organs, should be stamped with the official seal of the unit.
(two) the public security organs along the investigation, should make relevant clues to explain the source of materials.
(3) If the public security organ at a higher level designates jurisdiction, relevant letters and clue materials shall be attached.
4. 1.4 Special materials
Where information on drug-related crimes is provided through special information, the relevant information shall be provided in written form and stamped with the official seal of the unit. In the case of confidential materials, the classification shall be marked, and another secret volume shall be made and handed over.
4. 1.5 line witness testimony
The public security organ may, according to the circumstances of the case, know and verify the information related to the case from the informant, and make an investigation record, which shall be signed or sealed by the informant.
4. 1.6 Registration Form of Accepted Cases and Decision of Filing Cases
The case registration form consists of a header, a belly column and a tail column. The contents filled in the header include the basic information of the informant, the way of reporting, the time and place of reporting, and the basic information of the suspect. Fill in the contents of the abdomen column, including the report, brief case, damage caused by criminal behavior, etc. Fill in the contents of the last column, including the opinions of the leaders and the handling results.
The decision to file a case is a formatted legal document made and used by public security organs when they discover criminal facts or criminal suspects and decide to file a case for investigation. It should be filled in as required.
4.2 Evidence of case detection
The public security organ shall, through special intervention, case management, technical investigation and other measures, find out the facts of the crime, arrest the criminal suspect, and have the materials for locking and arresting the criminal suspect, the report on solving the case and other relevant evidence.
4.2. 1 Lock the suspect's materials.
(1) If the public security organ locks the criminal suspect through technical investigation measures, it shall convert the evidence; If it cannot be converted, the relevant information shall be written into a written document or a confidential volume shall be made and transferred with the case.
(two) the use of police dogs to detect and identify criminal suspects, drugs and other related items, should be dynamic video with relevant text descriptions; If there is no video recording, the relevant information shall be written and stamped with the official seal of the unit.
4.2.2 Capture process or testimony issued by investigators
(a) the investigators shall record the details of the arrest of criminal suspects in written materials, and sign and affix the official seal of the unit.
(2) Investigators shall make clear whether the criminal suspect has surrendered himself or rendered meritorious service, provided relevant information about the accomplice, and helped to capture the accomplice.
4.2.3 Investigation report
(a) the investigation report shall specify the source of the case clues; Whether there are special personnel involved, whether technical investigation methods, police dogs sniffing the source to solve the case and other investigation measures and activities carried out; The way, time and place of bringing criminal suspects to justice; The time, place and quantity of drugs seized; Evidence obtained according to the confession of the criminal suspect and the arrest of other criminal suspects; * * * The order in which the suspects who committed the same crime were brought to justice and their confessions after they arrived at the case. Write clearly whether the case was detected by the investigation organ through special circumstances and technical investigation. , or through daily patrols and routine inspections.
(two) the contents of the investigation report can not be made public, it should be marked with the classification, and made into a separate confidential volume for the transfer.
4.3 Evidence of on-site investigation, inspection, search and appraisal
4.3. 1 Record of on-site inspection
(1) When conducting an inquest or inspection on the crime scene, relevant places, articles and personnel, a written record of the on-site inquest or inspection shall be made in a timely, comprehensive, objective and detailed manner according to law.
(2) The transcripts of the on-site inspection shall record in detail the reasons for the implementation of the inspection, the starting and ending time and place of the inspection, the personnel present, the location of the site, the surrounding environment, the location, color and specifications of the drugs on the site, and the process of the inspection and search.
(3) The written record shall be signed and confirmed by the criminal suspect, witness and investigator.
4.3.2 Site photos, videos and drawings
Drug crime scene investigation, drug seizure, search, evidence extraction, documentary evidence, traces and other investigation activities. It should be synchronized with video recording and photographing, and a schematic diagram of the scene should be made.
4.3.3 Record the list of extraction vouchers, documentary evidence, traces and seized items.
(a) seizure of drugs, drug money, drug trafficking tools, and extraction of relevant physical evidence, documentary evidence, traces, etc. , shall make a record of the extraction, signed by the criminal suspect or the owner of the goods, witnesses and investigators.
(2) When seizing drugs and extracting relevant physical evidence and documentary evidence, a list of seized items shall be made, and the names, numbers, specifications, quantity, quality, characteristics and sources of the seized items shall be recorded in detail, which shall be signed or sealed by investigators, witnesses and holders, one for the holder, one for the custodian of the investigation organ and one for future reference. If the holder cannot be determined or the holder refuses to sign, the investigator shall indicate it in the list.
(3) In drug crimes where people and goods are separated, fingerprints and biological samples on drug packages and related articles, or physical evidence and documentary evidence related to criminal suspects shall be collected and extracted.
4.3.4 Identification record
(1) The investigation organ shall let the criminal suspects and witnesses identify the drugs involved, the tools, the scene of the crime, the suspects in the same case and the whereabouts of the drugs.
(2) Identification shall be conducted under the auspices of investigators, with no less than two investigators presiding over identification. When several recognizers recognize the same object, they should recognize it separately. Before organizing the appraisal, the investigators shall ask the appraiser in detail about the specific characteristics of the appraised object. At the time of identification, the object to be identified shall be mixed with other objects with similar characteristics, and the object to be identified shall not have characteristics obviously different from other objects, and investigators shall not imply, induce or obviously doubt the identification.
(3) The number of appraisers shall not be less than seven; No less than ten photos of identification figures; Appraisal articles, no less than 5 articles of the same kind.
(4) The appraisal process and results shall be recorded and signed by investigators, witnesses and witnesses. When necessary, the identification process shall be recorded or videotaped.
4.4 Evidence of drug weighing, handover and custody
4.4. 1 drug weighing records and photos
(1) When drugs are seized, they should be weighed in the presence of the holder. If there are multiple packages of drugs, weigh them one by one. If drugs are weighed together with packaging, they shall be weighed separately. The weighing of drugs should be recorded, informed to the holder, and signed by the holder and the researcher.
(two) do not have the conditions for weighing the seizure of drugs, should be sealed on the spot, photographed, and recorded in the record, in line with the conditions should be weighed immediately.
(3) When weighing drugs, photos or videos should be taken and attached.
(4) The drugs shall be sealed on the spot after weighing.
(5) When weighing, the operator should wear gloves, masks, hoods and other protective tools in accordance with relevant specifications to prevent biological evidence pollution.
4.4.2 Drug turnover and storage materials
(1) The seized drugs shall be turned over immediately as required, and the receiving department shall issue a receipt, which shall record the name, quantity, specification, quality, characteristics and source of the drugs turned over in detail; The transferor and the receiver shall sign or seal the receipt.
(two) the receiving department shall seal up and properly keep the transferred drugs, and shall not destroy them before the final judgment of the people's court (before the review of death penalty cases by the Supreme Court).
4.5 Evidence of drug identification
The seized drugs shall be comprehensively sampled and identified in accordance with the regulations.
Drug cases that may be sentenced to death, or new drugs that may be adulterated in large quantities or have complex ingredients, should be identified. For mixed drugs containing more than two kinds of drug components, further component identification should be carried out to determine the drug components and proportions.
4.5. 1 Materials to be inspected and transferred
(a) the investigation organ shall promptly send the original materials such as the control samples of suspected drugs to the appraisers, introduce the information related to the appraisal, clearly put forward the appraisal requirements, and shall not imply or force the appraisers to make certain appraisal opinions.
(two) the transfer of materials shall be carried out by two or more investigators.
4.5.2 Drug identification opinions
(1) The identification of drugs shall be carried out by two or more qualified personnel, and the personnel involved in the identification shall sign the appraisal opinions.
(two) the extraction of samples should meet the requirements of related majors. If it is found that the suspected drug is insufficient 10 from different holders or from multiple packages of suspected drugs, it shall be extracted and identified separately, and 0.2- 1g shall be extracted from each package. If there are obvious differences in different batches, different packages or different packages, they should be sampled and identified one by one, and each package should be 0.2-1g. If the quantity of multiple packages of suspected drugs in the same batch is 10- 100, 0.2- 1g sample will be randomly selected from 10 for identification according to the sampling method specified by the Ministry of Public Security; If there are more than 100 suspected drugs in multiple packages in the same batch, the randomly selected samples are integers obtained by squaring the total number of samples according to the sampling method stipulated by the Ministry of Public Security, and 0.2- 1g is taken from each package for identification.
(3) The ingredients of drugs should be expressed in accordance with the provisions of the Criminal Law and their chemical names.
(four) the appraisal institutions and appraisers shall affix their official seals to the copies of their qualifications and attach them.
4.5.3 The materials informed by the expert opinion to the criminal suspect.
The expert opinion shall be promptly informed in writing to the criminal suspect and his legal representative, and the criminal suspect and his legal representative shall sign or seal the receipt.
4.6 Evidence of the criminal suspect's activity track
4.6. 1 Materials for transportation
Seize, take out and attach photos to transport documents such as tickets, boat tickets, air tickets and car rental contracts that prove the whereabouts of criminal suspects.
4.6.2 Trajectory materials of vehicles committing crimes.
Seize, extract, take photos and attach evidence materials such as automobile gps driving records, traffic bayonet records, road maintenance bills and refueling bills that prove the whereabouts of criminal suspects.
4.6.3 Communication tool activity track data
If a criminal suspect uses mobile phones, fixed telephones, computers and other electronic devices for communication, he shall collect the use information of mobile phone base stations, fixed telephones, computers and other electronic terminal devices.
4.6.4 The materials of the criminal suspect's accommodation registration and passage.
The attached volume shall be extracted from the evidence materials that prove the whereabouts of the suspect, such as accommodation registration, accommodation invoice, traffic inspection registration, etc.
4.6.5 Evidence of deposit and withdrawal of remittance by criminal suspects
Evidence materials such as deposits, remittances, bank (atm) withdrawals, and pos card swiping shall be attached to prove the whereabouts of the suspect.
4.6.6 Video recording of criminal suspects' activities
Extracted from the surveillance video of hotels, banks, highways and other places to prove the suspect's whereabouts.
4.7 Communication evidence involved in the case
4.7. 1 communication tools used by criminal suspects
The investigation organ shall seize the mobile communication equipment used by the criminal suspect, such as mobile phones, satellite phones, walkie-talkies, etc., extract the model and electronic serial number of the mobile phone, and take photos and attach volumes.
4.7.2 Mobile phone card and owner information used by criminal suspects.
(1) For the detained mobile phone of a criminal suspect, the mobile phone card used by him shall be collected, photographed and attached.
(2) Collecting the mobile phone number used by the criminal suspect and retrieving the accompanying information of the owner of the mobile phone number. The information materials of the owner of the mobile phone number shall be stamped with the official seal of the issuing unit.
4.7.3 Call records, SMS, WeChat, qq chat records, emails, letters, etc. Involved in the case.
(1) Electronic data (call records, short messages, pictures, WeChat, qq chat records, emails, etc. ) seized the suspect's mobile phone and collected it.
(2) Information such as electronic data (short messages, pictures, qq chat records, emails, etc.) when communicating with computers and other electronic terminal devices. ) should be collected and extracted.
(3) When collecting the information of drug cases stored in communication electronic equipment, an explanation shall be made, indicating the producer and holder, the time and place of production or extraction, whether it is the original, the storage place of the original, the number of copies, etc.
4.7.4 Communication materials involved in the case obtained by means of technical investigation.
4.8 Evidence of drug money
4.8. 1 Seize cash or bank card (discount)
(a) to register the seized cash involved, indicating the quantity, type, face value, number of pieces, amount, etc. Take photos and attach them, and deposit them in a special bank account.
(2) Take photos and detain the seized bank card (folded), inquire about the account name and deposit of the bank card (folded), and freeze it according to law.
(three) the currency and bank card (discount) used as evidence shall be transferred with the case.
4.8.2 Bank payment voucher
If a criminal suspect pays funds for drug crimes through a bank, he shall collect bank payment vouchers such as bills of exchange and withdrawal receipts.
Bank account transaction details
If a criminal suspect pays drug money through a bank, he shall obtain a detailed list of bank account transactions and find out the account name and deposit of the relevant trading account, and freeze it according to law.
4.8.4 Other transaction vouchers
Where a criminal suspect conducts a transaction by means of Alipay, barter, equivalent exchange, credit, etc., it shall collect relevant evidence of the transaction and attach a volume.
4.9 Evidence of Drug Transportation
4.9. 1 Materials to prove the means of transport
If a criminal suspect transports drugs by car or other means of transport, he shall take photos of the means of transport and attach a volume, indicating the name, model, specification, quantity, characteristics and source of the means of transport.
4.9.2 Information proving drug transportation, such as waybill, manifest, warehouse receipt and mailing list.
When a criminal suspect consigns or mails drugs, he shall extract the waybill, manifest, warehouse receipt, mailing list and other materials and attach them.
4. 10 Evidence of the items involved
4. 10. 1 extract transcripts, photos and seizure list
(1) When seizing the articles involved, a record of extraction and seizure shall be made, photos taken and a list made, and the name, model, specification, quantity, weight, quality, characteristics and source of the articles shall be registered and attached for investigation.
(2) To seal up real estate, vehicles, ships, aircraft and other property, the right certificate shall be seized, and the name, model, ownership, address and other details of the property shall be registered, and the relevant property registration administration department shall be notified to handle the seal-up registration procedures.
(3) When seizing money and securities, the names, amounts and denominations of the money and securities shall be registered, and the money shall be deposited in a special bank account, and the names and contents of bank deposit certificates shall be registered. Seizure of cultural relics, gold and silver, jewelry, precious calligraphy and painting and other valuables and contraband, should be photographed, if necessary, timely identification; The seized articles shall be identified in a timely manner in accordance with relevant regulations.
(4) To freeze deposits, remittances, bonds, stocks, fund shares and other properties, it shall register and indicate the quantity, type, face value, number of sheets and amount, etc.
4. 10.2 Materials for storage, handling and transfer of articles
(1) The seized, detained or frozen property involved and the fruits thereof shall be properly kept, and the relevant materials kept shall be attached.
(2) Handling the articles involved in the case in a timely manner according to law, with photos, lists and handling procedures attached.
(three) the items transferred with the case shall be transferred with the case to the list of seizure, and the original photos and seizure procedures shall be attached.
4. 10.3 ownership information of articles
The property involved in the seizure, seizure and freezing and its fruits shall be accompanied by ownership information materials.
4. 1 1 Relevant appraisal evidence (general terms and conditions for appraisal shall apply)
(1) Appraisal opinions on fingerprints and other traces on drug packages or related articles.
(2) Appraisal opinions on biological material evidence such as dander and hair. On drug packaging or related articles.
(3) Opinions on voiceprint and image recognition.
(4) Appraisal opinions on documents and electronic material evidence.
(5) An inspection report on whether the criminal suspect takes drugs.
After a drug suspect is arrested, he should immediately check whether he is taking drugs. The inspection report shall be notified to the criminal suspect in writing, and the criminal suspect shall sign or seal the receipt.
4. 12 witness testimony
(1) The collection of witness testimony shall comply with the provisions of laws, regulations and relevant judicial interpretations.
(2) The collection of witness testimony shall be timely and comprehensive. If the testimony of key witnesses changes, which may affect the conviction and sentencing of criminal suspects, attention should be paid to verifying the facts involved in the changes and collecting relevant evidence.
4. 13 confessions and excuses of criminal suspects
(1) The interrogation record shall completely record the time and place of committing the crime, the contact information between home and home, the number of communication tools used for communication, means of transportation, accommodation place, drug quantity, drug characteristics, drug sources and funding channels.
(2) In the case of * * * accomplices, the contact information of the criminal suspect and other accomplices, their respective positions and roles in * * * accomplices, and the time, place and price of drug transactions shall be interrogated and recorded.
(3) The interrogation record shall be attached with a volume, which is consistent with the records in the evidence; If there is any inconsistency, the investigation organ shall explain the reasons in writing and attach a volume.
(four) for drug cases that may be sentenced to life imprisonment or death, the interrogation of criminal suspects should be synchronized with audio and video recording.
4. 14 Relevant materials on surrender and meritorious service of criminal suspects and defendants
If a criminal suspect or defendant reports going online or offline, and assists in capturing other criminal suspects, identifying or identifying them by telephone or online chat, an information statement shall be made.
4. 15 Identity, criminal responsibility ability and criminal record materials of criminal suspects and defendants
If a criminal suspect or defendant is sentenced or reeducated through labor for drug-related, relevant materials shall also be collected and attached.
4. 16 materials of suspects and defendants in the same case being processed
4. 17 related information materials
(a) traces, physical evidence, documentary evidence failed to identify the situation.
(2) Describe the situation that the accomplice is at large.
(3) Description of witness protection.
If the witness applies for protection or the investigation organ considers it necessary to provide protection for the witness, the investigation organ shall separately explain the relevant situation and file it in the confidential volume.
4. 18 technical investigation materials
(1) Where materials collected by technical investigation measures are used as evidence, a decision to approve the technical investigation measures shall be attached.
(2) The evidence collected by technical investigation measures shall be converted into other legal forms; If it cannot be transformed, the investigation organ shall issue a statement of the situation that it cannot be transformed, and make the original evidence materials obtained by secret investigation and technical investigation into an independent volume for the procuratorial organs and judicial organs to consult when necessary.
(3) Where a case is detected by secret investigation or technical investigation, or a drug case is detected by secret force, the investigation organ shall separately explain the relevant situation and make a separate confidential file for transfer.
4. 19 procedural evidence materials
(a) determine and specify the jurisdiction of the material.
(2) Materials for adopting or changing compulsory measures.
(3) materials for deferred examination and approval.
(four) merger, division, supplementary investigation and other materials.