First, what is the interrogation of a criminal suspect (interrogation)?
The concept and significance of interrogating (interrogating) a criminal suspect refers to a kind of investigation behavior in which investigators ask the criminal suspect the facts of the case in words according to legal procedures.
Interrogation (interrogation) of criminal suspects is conducive to finding out the facts of crimes, expanding the clues of collecting evidence, and discovering new crimes and other criminals who should be investigated for criminal responsibility; On the other hand, by listening to the defense of criminal suspects, we can ensure that innocent people and others who should not be investigated according to law are not subject to criminal investigation.
Two, interrogation (interrogation) procedures and methods of criminal suspects
1, to ensure the quality of consultation (consultation)
Interrogation (interrogation) of criminal suspects must be conducted by investigators of public security organs or people's procuratorates. In order to improve the efficiency of interrogation (interrogation), ensure the quality of interrogation (interrogation), prevent violations of law and discipline, and ensure the safety of interrogation (interrogation), there shall be no less than two investigators during interrogation (interrogation). Interrogation (interrogation) of criminal suspects in the same case shall be conducted separately.
2. Ask for interrogation (interrogation)
A criminal suspect who does not need to be arrested or detained may be summoned to the designated place of the city or county where the criminal suspect is located or to his residence for interrogation (interrogation), but the certificate of the public security organ or the people's procuratorate shall be produced. A criminal suspect found at the scene may be summoned orally upon production of his work permit, but it shall be indicated in the interrogation (interrogation) record. After the criminal suspect is sent to the detention center for custody, the investigators shall interrogate him in the detention center.
The maximum period of summons and detention shall not exceed 65,438+02 hours. If the case is particularly serious and complicated and detention or arrest measures are needed, the time for summoning and detention shall not exceed 24 hours. Generally, the interval between two summonses shall not be less than 12 hour, and the criminal suspect shall not be detained in disguised form by means of continuous summonses or compulsory summonses. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.
A criminal suspect who has been detained or arrested shall be interrogated (interrogated) within 24 hours after detention or arrest. If it is found that he should not be detained or arrested, he must be released immediately.
3, first of all, should be questioned (interrogation)
When an investigator interrogates (interrogates) a criminal suspect, he should first interrogate (interrogate) whether the criminal suspect has committed a crime.
If a criminal suspect admits a crime, let him state the guilty circumstances; If the suspect denies the facts of the crime, let him state a plea of innocence, and then ask the suspect questions according to his statement.
A criminal suspect shall truthfully answer the questions of investigators. However, you have the right to refuse to answer questions irrelevant to this case. Whether it has nothing to do with this case should be based on finding out all the facts of this case, that is, time, place, methods, means, motivation, purpose and the situation of the actor, whether it has practical significance or evidence value.
When interrogating (interrogating) a criminal suspect, investigators should inform the criminal suspect of the legal provisions that his crime can be dealt with leniently.
4. Interrogation (interrogation) of disabled suspects
Interrogation (interrogation) of deaf-mute criminal suspects should be attended by people familiar with deaf-mute gestures, and this situation should be recorded clearly.
5. Interrogation (interrogation) A criminal suspect shall make an interrogation (interrogation) record.
The record shall truthfully record the situation of the questioner, the respondent and other people present. The written record shall be checked by the criminal suspect. If there is no reading ability, it shall be read out to the criminal suspect. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. The criminal suspect shall sign or seal his name after admitting that it is correct in the record. Investigators should also sign the records. If a criminal suspect asks to write a confession himself, it shall be allowed. When necessary, investigators may also ask the criminal suspect to write a confession in person.
6. Audio and video recording of interrogation (interrogation)
Article 12 1 of the Criminal Procedure Law stipulates that when an investigator interrogates (interrogates) a criminal suspect, he may record or video the interrogation (interrogation) process; For cases that may be sentenced to life imprisonment or death penalty or other major criminal cases, the interrogation (interrogation) process shall be recorded or videotaped. Audio or video recording should run through the whole process and remain intact. According to Article 19 of the Regulations of the Six Organs, if an investigator records or videos the interrogation (interrogation), it shall be indicated in the interrogation (interrogation) record.
7, interrogation (interrogation) of criminal suspects, it is strictly prohibited to extort confessions by torture, are not allowed to lure confessions, cheat confessions, ask confessions under the guise of.
A criminal suspect has the right to sue a person who extorts a confession by torture; If a crime is constituted, criminal responsibility shall be investigated according to law.
Legal basis: 208th Article of the Criminal Procedure Law of People's Republic of China (PRC). When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case. The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.