Procedures for handling criminal cases by public security organs
(Amendment No.95 of the Order of the Ministry of Public Security125, 2007/0/998 was promulgated on May 4, 2007, and will take effect on February 25, 2007) Section 2 Interrogation of criminal suspects Article 173 A public security organ shall obtain the approval of the person in charge of the public security organ at or above the county level for a criminal suspect who does not need to be detained or arrested.
Article 174 When summoning a criminal suspect, he shall show the summons notice and the investigator's work permit, and order him to sign (seal) the summons notice and press his handprint. After the criminal suspect arrives at the case, he shall fill in the time of arrival in the summons notice. After the end of the interrogation, the time of the end of the interrogation shall be filled in the summons notice. Refuse to fill in, the case-handling personnel shall indicate in the "summons notice". Article 175 The time limit for summoning shall not exceed 12 hours. A criminal suspect shall not be detained in disguised form by continuous summons. If compulsory measures need to be taken against the summoned person, a decision of approval or disapproval shall be made within the period of summons; If it is not approved, the summons shall be terminated immediately. Article 176 A criminal suspect in custody awaiting trial shall fill out an arraignment card and conduct interrogation at the detention center or the workplace of the public security organ.
Article 177 The interrogation of a criminal suspect must be conducted by investigators. During interrogation, there shall be no fewer than two investigators.
Interrogation of criminal suspects in the same case shall be conducted individually. Article 178 Before interrogation, investigators should know the case and evidence materials, make an interrogation plan and list an interrogation outline. The first interrogation of the suspect's name, alias, previous name, date of birth, domicile, temporary residence, native place, birthplace, nationality, occupation, education level, family situation, social experience, whether he has been subjected to criminal punishment or administrative treatment, etc. Article 179 When interrogating a criminal suspect, we should first ask him whether he has committed a crime and let him state his guilt or innocence, and then ask him questions.
Article 180 When interrogating a criminal suspect, he should be informed that he should answer the inquiries of investigators truthfully and have the right to refuse to answer questions irrelevant to the case. Article 181 During interrogation, the confession and excuse of the criminal suspect shall be carefully listened to; It is strictly forbidden to extort confessions by torture or use threats, enticements, deception or other illegal methods to obtain confessions. 182nd interrogation of juvenile criminal suspects should be based on the physical and mental characteristics of minors, different from adults; Parents, guardians or teachers shall be notified to be present, except in cases that hinder the investigation or cannot be notified; Interrogation can be conducted in public security organs, or in minors' houses, units, schools or other appropriate places. When interrogating a deaf-mute criminal suspect, people familiar with deaf-mute gestures should participate, and the deaf-mute situation of the criminal suspect, as well as the name, work unit and occupation of the translator should be stated in the interrogation record.
For criminal suspects who are not familiar with the local language, translators should be provided. 183rd investigators shall truthfully record the interrogation and the confession or excuse of the criminal suspect. Writing interrogation transcripts should use writing tools and ink that can keep handwriting for a long time. Article 184 The interrogation record shall be submitted to the criminal suspect for verification or read to him. If there are errors or omissions in the records, the criminal suspect shall be allowed to correct or supplement them, and his fingerprints shall be pressed. After the transcript is verified by the criminal suspect, it shall be signed (sealed) page by page and printed by hand, and it shall be written on the last page that "I have read (or read to me) the above transcript, which is consistent with what I said". If the respondent refuses to sign (seal) or fingerprint, the investigator shall indicate it in the record. The items listed in the interrogation record shall be filled in according to the regulations. Investigators and translators shall sign or seal the interrogation record.
Interrogation of criminal suspects can be recorded in writing, and at the same time, audio and video recordings can be made as needed. Article 185 If a criminal suspect asks him to write a confession, he shall be allowed to do so; When necessary, investigators may also ask the criminal suspect to write a confession in person. The criminal suspect shall sign (seal) on the last page of the handwritten confession and press his handprint. After receiving it, the investigators should write "received on a certain day, a certain month, a certain year" on the top right of the home page and sign it. Article 186 When interrogating a criminal suspect, investigators should clearly inquire about the facts, motives, purposes, means, time and place of the crime and the people, things and things involved. The public security organ shall carefully check the criminal facts, excuses and counter-evidence confessed by the criminal suspect and deal with them according to law. Article 187 In the course of interrogation, if it is necessary to prove that a criminal suspect has committed a crime with evidence, it shall prevent the disclosure of investigation secrets.
The Criminal Procedure Rules of the People's Procuratorate (Amendment) (Gao Jian Fa Shi Zi [1999] 1No. 1999 18) was promulgated and implemented. Section 1 Interrogation of a Criminal Suspect Article 136 Interrogation of a Criminal Suspect shall be conducted by a public prosecutor. At the time of interrogation, there shall be no fewer than two prosecutors.
Article 137 A criminal suspect who does not need to be arrested or detained may, with the approval of the procurator-general, be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation. When summoning a criminal suspect, the criminal suspect shall be presented with the summons notice and relevant documents, and the criminal suspect shall be ordered to sign or seal the summons notice. The provisions of the second paragraph of Article 35 of these Rules shall apply to summoning criminal suspects. Article 138 The maximum length of summons shall not exceed 12 hours. A criminal suspect shall not be detained in disguised form by continuous summons. Article 139 When a criminal suspect is remanded in custody, he/she shall fill in the evidence of remand and conduct interrogation in the detention center. If it is necessary to detain a criminal suspect to produce an identified criminal or criminal evidence or to recover property related to the crime due to the needs of investigation, the criminal suspect may be detained for questioning at the People's Procuratorate.
A criminal suspect is taken to the people's procuratorate for interrogation, and with the approval of the procurator-general, he shall be escorted by two or more judicial police.
Article 140 When interrogating a criminal suspect, we should first find out his basic situation, ask him if he has committed a crime, and let him state the facts of guilt or innocence before asking him questions. We should examine the disproof carefully. It is strictly forbidden to extort confessions by torture or to obtain confessions by threats, seduction, deception or other illegal means. Article 141 When interrogating a deaf-mute criminal suspect, someone familiar with deaf-mute gestures should be present, and this situation should be clearly recorded. Article 142 A record of interrogation shall be made when interrogating a criminal suspect. The interrogation record shall be legible, detailed and specific, faithful to the original words, and submitted to the criminal suspect for verification. Those who can't read should read it to him. If there are any omissions or errors in the records, they should be supplemented or corrected. If a criminal suspect thinks that there is no mistake in the interrogation record, he shall sign or seal it page by page. If the criminal suspect refuses to sign or seal, it shall be noted in the record. The prosecutor should also sign the record. Article 143 If a criminal suspect asks him to write a confession, the public prosecutor shall allow it. When necessary, the prosecutor may also ask the suspect to write a confession in person. Article 144 Audio and video recordings may be used at the same time when interrogating a criminal suspect.
Article 145 After interrogating a criminal suspect for the first time or from the date when compulsory measures are taken against the criminal suspect, the procurator shall inform the criminal suspect that he can hire a lawyer to provide legal advice, lodge a complaint or apply for bail pending trial, and record the situation in the record. Article 146 If a criminal suspect in custody requests to hire a lawyer, the people's procuratorate shall make a written record. Cases that do not involve state secrets shall be handled in accordance with the provisions of Article 147 of these Rules. For cases involving state secrets, the people's procuratorate shall make a decision on whether or not to approve them within three days. If the people's procuratorate makes a decision of disapproval, it shall explain the reasons to the criminal suspect.
During the investigation, the criminal suspect may hire one or two lawyers to provide legal aid. Article 147 If a criminal suspect in custody hires a lawyer and puts forward a clear name of the law firm or the name of the lawyer directly entrusts him, the people's procuratorate shall promptly transmit the entrusted opinions of the criminal suspect to the law firm; If it is proposed to be hired by relatives and friends, the people's procuratorate shall promptly forward the employment opinions to relatives and friends; If a criminal suspect proposes to hire a lawyer, but there is no specific object or person to hire him on his behalf, the people's procuratorate shall notify the local bar association or the judicial administrative organ to recommend a lawyer for him. Employment opinions can be put forward in writing or orally. If it is put forward orally, it shall be recorded in the record and signed or sealed by the criminal suspect. Article 148 A criminal suspect has hired a lawyer, but if the people's procuratorate finds that the case involves state secrets during the investigation, it shall promptly inform the lawyer hired by the criminal suspect to temporarily stop participating in litigation activities and notify the criminal suspect. Whether to approve the criminal suspect to continue to hire a lawyer shall be governed by the provisions of the first paragraph of Article 146 of these Rules.
Article 149 During the investigation, if a lawyer accepts the entrustment of two or more criminal suspects in the same case to provide legal aid at the same time, the people's procuratorate shall not arrange for a lawyer to meet with the criminal suspect in custody. Article 150 When an entrusted lawyer meets a criminal suspect in custody, he shall inform the people's procuratorate in advance, and provide the people's procuratorate with the power of attorney of the criminal suspect, the lawyer's practice certificate and the letter of introduction from the law firm. During the investigation, the investigation department of the people's procuratorate shall handle matters related to entrusting a lawyer to meet with the criminal suspect in custody.
Article 151 If a lawyer proposes to meet a criminal suspect in custody in a case that does not involve state secrets, the people's procuratorate shall arrange a specific time for the meeting within 48 hours; For major and complicated cases involving two or more people, such as corruption and bribery, a meeting can be arranged within five days.
When arranging the meeting time, the people's procuratorate shall decide whether to send personnel to attend according to the circumstances and needs of the case. If it is decided not to send personnel to attend the meeting, it shall issue a certificate of consent to the meeting. When an entrusted lawyer meets a criminal suspect in custody, it shall be agreed by the people's procuratorate or accompanied by the people's procuratorate. Article 152 If a lawyer proposes to meet a criminal suspect involved in state secrets in custody, the people's procuratorate shall make a decision on whether to authorize a lawyer to meet the criminal suspect in custody within five days according to the circumstances and needs of the case. If the entrusted lawyer is approved to meet the criminal suspect in custody, it shall be handled in accordance with the provisions of Article 151 of these Rules. Article 153 When an entrusted lawyer meets a criminal suspect in custody, the staff of the procuratorial organ present shall inform him to abide by the regulations of the supervision place and the relevant authorities on the meeting. When the entrusted lawyer meets the criminal suspect in custody, the staff of the procuratorial organ present can make a record. Article 154 If a lawyer interrogates a criminal suspect in custody beyond the scope of authorization stipulated in Article 96 of the Criminal Procedure Law, or violates the regulations of the supervision place and the relevant authorities on meeting, the staff of the procuratorial organ present shall have the right to stop or suspend the meeting. Article 155 When a people's procuratorate discovers that a lawyer has violated laws or relevant regulations in criminal proceedings, it shall stop it in time and inform the relevant lawyer management department of the situation. Article 156 Cases involving state secrets mentioned in this section refer to cases or cases involving state secrets in nature.
Legal basis:
Criminal law of the people's Republic of China
Article 17 A person who has reached the age of 16 shall bear criminal responsibility for committing a crime. A person who has reached the age of 14 but is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility. If a person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility. If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, his punishment shall be given a lighter or mitigated punishment. If a person is not given criminal punishment because he is under the age of sixteen, his parents or other guardians shall be ordered to discipline him; When necessary, carry out special corrective education according to law.
Article 17 If a person who has reached the age of 75 intentionally commits a crime, he may be given a lighter or mitigated punishment; Whoever commits a crime negligently shall be given a lighter or mitigated punishment.