What is the identification of a criminal suspect?

Ordinary citizens often belong to criminal suspects when they are suspected of constituting a crime, but after the case enters the court trial stage, although they are all the same citizens at this time, they have changed from criminal suspects to defendants. In the investigation of criminal cases, it is very important to identify criminal suspects. Then how to identify him as a criminal suspect? Let's get to know each other. What is the identification of a criminal suspect? Because there is no specific provision on the identification of criminal suspects in China's criminal procedure law, the identity of criminal suspects is often alienated in practice. In order to effectively protect human rights and limit the right of investigation, it is necessary to construct a legal system for confirming criminal suspects in China, which includes the following aspects: (1) The standard of proof for confirming criminal suspects refers to the requirement of using evidence to prove the facts required by law. It can be said that in criminal proceedings, the activities of judicial staff, parties, defenders and litigation agents are all closely around the standard of proof. To reach different stages of litigation, it is necessary to meet the standard of proof required in this stage, that is, different stages of litigation have different proof requirements. Usually, the standard of proof is graded. For example, in common law countries, the standard of proof is divided according to the degree of certainty required for proof, and there are nine levels from high to low: the first is absolute certainty, which is not needed for any legal purpose; The second is to eliminate reasonable doubt, which is necessary for the conviction of criminal cases; Third, there are clear and convincing proofs, which are applicable to the courts that reject bail requests in some civil cases and have jurisdiction in some death penalty cases; The fourth is the proof of superiority, which is applicable to the defendant's active defense in most civil cases and criminal proceedings; The fifth category is the reasons for establishment, which are applicable to the issuance of arrest warrants, arrest without a license, search and detention, issuance of complaints and indictments, revocation of probation and parole, and execution of citizen arrests; The sixth category is reasonable belief, which is applicable to interception and search; Seventh, there are sufficient reasons to acquit the defendant with reasonable doubt; The eighth is doubt, which applies to the beginning of the investigation; Ninth, there is no information, which is not sufficient for any legal purpose. It can be seen that in British and American criminal proceedings, there are different levels of proof standards at different stages of litigation, which corresponds to the diversity of defendants' appellations before trial in British and American countries. In China's criminal proceedings, the standard of proof is basically the same, that is, from the end of investigation to transfer for examination and prosecution, to public prosecution, and finally to guilty verdict. The standard of proof is basically the same, and it is the highest standard. Our country's law should separately stipulate the standard of proof for confirming criminal suspects. Based on people's "gradual" understanding and easy operation, the standard of proof for confirming criminal suspects should be "reasonable basis". The so-called "reasonable basis" means that investigators believe that the criminal facts that have occurred are committed by criminal suspects according to the facts and circumstances they know and master. In practice, we can grasp it from the following aspects: first, we must have a considerable amount of evidence to confirm the criminal suspect; Second, it is not necessary to reach a sufficient level to confirm the evidence of criminal suspects; Third, the conclusion of confirming the criminal suspect does not need to be exclusive. (II) Procedure for Confirming Criminal Suspects 1979 The Criminal Procedure Law promulgated and the Criminal Procedure Law revised twice 1996 and 20 12 have no provisions on the procedure for confirming criminal suspects. Combined with the specific situation of our country, this paper puts forward the following concrete ideas on the procedure of confirming criminal suspects: 1. Application In the process of investigation, if investigators want to confirm someone as a criminal suspect, they should fill out the Application for Confirmation of Criminal Suspect. The application shall include the following contents: the name, gender, nationality, ID number, occupation, address, suspected crime, reasons for applying for confirmation (criminal facts and evidence), applicant and respondent, approval authority and approver, etc. 2 investigators who have approved the filing of the case fill in the Application for Confirming Criminal Suspects and report it to the person in charge of the county-level investigation organ for examination and approval. In case of emergency, it may be examined and approved by the person in charge of the case investigation organ below the county level, but it shall be reported to the person in charge of the county investigation organ for examination and approval within 2 days. If the person in charge of the county-level investigation organ thinks that it should not be confirmed, the confirmation of the criminal suspect and the related investigation activities after confirmation are invalid. 3. Inform the criminal suspect that compulsory measures will be taken and the suspect will be interrogated after being approved and confirmed by the person in charge of the county-level investigation organ. When taking compulsory measures against criminal suspects, investigators should inform them of the crimes they are suspected of and confirm them as criminal suspects; When interrogating a criminal suspect for the first time, he should be informed of his right to apply for withdrawal, defend himself and hire a lawyer. 4. If the defendant has any objection to being confirmed as a criminal suspect, he may apply for reconsideration to the superior investigation organ that approved the investigation organ, and the superior investigation organ must give a reply within two days; If you are dissatisfied with the reconsideration result, you can appeal to the people's procuratorate at the same level that approved the investigation organ, and the procuratorial organ must make a decision within 3 days after reviewing the arrest department. If the procuratorial organ believes that it should be confirmed as a criminal suspect, it shall explain the reasons for confirmation to the complainant; If it is considered that the criminal suspect should not be confirmed, it shall issue a decision not to confirm the criminal suspect to the approved investigation organ, and explain the reasons for not confirming it. The investigation organ must implement it, and the investigation activities carried out due to confirmation are invalid. If the defendant has any objection to not being confirmed as a criminal suspect, the defendant or his close relatives may apply for reconsideration to the superior investigation organ of the investigation organ handling the case, and the superior investigation organ must give a reply within 2 days; If you are dissatisfied with the reconsideration result, you can appeal to the people's procuratorate at the same level of the investigation organ handling the case, and the procuratorial organ must make a decision within 3 days after reviewing the arrest department. If the procuratorial organ believes that it should not be confirmed as a criminal suspect, it shall explain to the complainant the reasons why it should not be confirmed; If it is believed that it should be confirmed as a criminal suspect, it shall issue a decision to confirm the criminal suspect to the investigation organ handling the case, and explain the reasons for confirmation, which must be implemented by the investigation organ. To sum up, the identification of criminal suspects can start from two aspects, including the standards and procedures of proof. The procedures are divided into four steps: application, approval, notification and relief. Once the criminal suspect is confirmed, the judicial organ may take certain criminal compulsory measures to restrict personal freedom according to the regulations.