1 Section 1 General Provisions Article 187 A public security organ shall promptly investigate a criminal case that has been put on file, and comprehensively and objectively collect and obtain evidence of the criminal suspect's guilt or innocence, light crime or heavy crime.
Section 2 Interrogation of the Criminal Suspect Article 193 With the approval of the person in charge of the case-handling department, the public security organ may summon the criminal suspect to a designated place in his city or county or to his residence for interrogation.
3. Section 3 Interrogation of witnesses: Article 205 Interrogation of witnesses and victims may be conducted on the spot, or at the unit or residence of the witness or victim or at the place proposed by the witness or victim. When necessary, witnesses and victims may be notified to testify in public security organs.
The questioning of witnesses and victims should be conducted separately.
When questioning witnesses and victims at the scene, investigators shall show their work certificates. Inquiries at the unit or residence of the witness or the victim or at the place proposed by the witness or the victim shall be approved by the person in charge of the case-handling department and a notice of inquiry shall be made. Before the inquiry, the investigator shall produce the inquiry notice and work certificate.
4. Section 4 Inspection: 208th Investigators shall inspect or inspect the places, articles, persons and corpses related to the crime, and timely extract and collect traces, physical evidence and biological samples related to the case. When necessary, people with specialized knowledge may be appointed or hired to conduct inquests and inspections under the auspices of investigators.
5. Section 5 Search: Article 217 With the approval of the person in charge of the public security organ at or above the county level, investigators may search the body, personal belongings, residence and other relevant places of a criminal suspect and a person who may hide a crime or criminal evidence.
6. Section 6. Seizure: Article 222 All kinds of property and documents found in investigation activities that can be used to prove the criminal suspect's guilt or innocence shall be seized and detained; However, property and documents irrelevant to the case shall not be sealed up or detained.
If the holder refuses to hand over the property and documents that should be sealed up or detained, the public security organ may forcibly seal up or detain them.
7. Section 7: Inquiry Freezing: Article 231 Public security organs may inquire about and freeze the deposits, remittances, bonds, stocks, fund shares and other properties of criminal suspects according to the needs of investigating crimes, and may require relevant units and individuals to cooperate.
8. Section 8 Appraisal: Article 239 In order to find out the circumstances of a case and solve some specialized problems in a case, a person with specialized knowledge shall be appointed and hired for appraisal.
If it is necessary to hire a person with specialized knowledge for appraisal, an invitation letter for appraisal shall be made after the approval of the person in charge of the public security organ at or above the county level.
9. Section 9 Identification: Article 249 In order to find out the case, investigators may, when necessary, let the victim, witness or criminal suspect identify the articles, documents, bodies, places or criminal suspects related to the crime.
10 Section 10 Technical Investigation Article 254 After filing a case, the public security organ may take technical investigation measures for the following criminal cases that seriously endanger society according to the needs of investigating crimes:
(1) Crimes endangering national security, terrorist activities, organized crimes of underworld nature and major drug crimes;
(two) intentional homicide, intentional injury causing serious injury or death, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances and other serious violent crimes;
(3) Group, serial and trans-regional major criminal cases;
(four) the use of telecommunications, computer networks, delivery channels and other major criminal cases, as well as major criminal cases against computer networks;
(5) Other criminal cases that seriously endanger society may be sentenced to fixed-term imprisonment of more than seven years according to law.
The public security organ may take necessary technical investigation measures against the fugitive criminal suspect or defendant who is wanted or has been approved or decided to arrest.
1 1 Xi paragraph wanted order: Article 265 If a criminal suspect who should be arrested is at large, the public security organ may issue a wanted order and take effective measures to pursue and bring him to justice.
The public security organ at or above the county level may directly issue a wanted order within its jurisdiction; Beyond the jurisdiction, it shall be reported to the public security organ at a higher level that has the right to decide on the release for approval.
The scope of the wanted order is decided by the person in charge of the public security organ that issued the wanted order.
12 section 12 termination of investigation: article 274 a case of termination of investigation shall meet the following conditions at the same time:
(1) The facts of the case are clear;
(2) The evidence is true and sufficient;
(3) The nature of the crime and the correct conviction;
(4) Complete legal procedures;
(5) criminal responsibility shall be investigated according to law.
13 Section XIII Supplementary Investigation: Article 284 After the investigation is completed, the case is transferred to the people's procuratorate for examination and prosecution, and the people's procuratorate returns it to the public security organ for supplementary investigation. After receiving the legal documents returned by the people's procuratorate, the public security organ shall complete the supplementary investigation within one month according to the outline of supplementary investigation.
Supplementary investigation is limited to two times.
The information released by public security organs in handling criminal cases is: DecreeNo. Ministry of Public Security of the People's Republic of China127;
The revised 127 "Procedures for Handling Criminal Cases by Public Security Organs" was adopted at the office meeting of the Minister of Public Security on February 3, 20 12, and is hereby promulgated, and shall come into force as of 13/0.
Extended data:
1, Interpretation of the Procedural Provisions for Handling Criminal Cases by Public Security Organs;
There are 376 articles in Chapter 14 of the Regulations, among which article 107 is added and article 244 is amended, which greatly modifies lawyers' participation in criminal proceedings, evidence system, compulsory measures, dismissal of cases and investigation measures. It has also improved jurisdiction, detention, execution, special procedures, cooperation in handling cases, handling of foreign-related criminal cases, criminal judicial assistance, and police cooperation.
The Regulations will be implemented simultaneously with the revised Criminal Procedure Law from 20 13 10.
The regulations include "respecting and protecting human rights" as the basic task of public security criminal law enforcement. On this basis, defense lawyers meet and communicate with criminal suspects in custody, understand the case, express their opinions, and inform their families after taking compulsory measures. Criminal suspects should further put forward clear requirements on the right to rest during summons, summons and interrogation, as well as the right to appeal, accuse and review proceedings.
The "Regulations" further clarified the evidence standards and requirements for obtaining evidence, stipulated the procedures for excluding illegal evidence, and put forward the requirements for comprehensively reviewing and judging evidence; Clarify the scope of cases that should be recorded and recorded and the specific requirements of the whole process of recording and recording, and strengthen the real-time supervision of the interrogation process;
Strict approval and execution procedures are stipulated for investigation measures such as seizure, seizure and freezing, so as to safeguard the legitimate property rights and interests of the parties; Determine the scope of application and approval procedures of technical investigation measures in strict accordance with the law.
2. The procedures for handling criminal cases by public security organs stipulate the basic principles for handling criminal cases:
Article 1: These Provisions are formulated in order to ensure the implementation of the Criminal Procedure Law of People's Republic of China (PRC), ensure that public security organs correctly exercise their functions and powers in criminal proceedings against public security organs (1), standardize handling procedures, ensure handling quality and improve handling efficiency.
Article 2. The tasks of public security organs in criminal proceedings are to find out the facts of crimes accurately and timely, apply the law correctly, punish criminals, protect innocent people from criminal investigation, educate citizens to consciously abide by the law, actively fight against criminal acts and safeguard the socialist legal system.
Respect and protect human rights, protect citizens' personal rights, property rights, democratic rights and other rights, and ensure the smooth progress of socialist construction.
Article 3: The basic functions and powers of public security organs in criminal proceedings are: filing, investigating and pre-examining criminal cases according to law; Decide and implement compulsory measures; Failing to pursue criminal responsibility according to law and not filing a case, or having filed a case and revoked it; Cases that should be prosecuted at the end of investigation shall be transferred to the people's procuratorate for examination and decision.
If a criminal suspect who is not serious enough for criminal punishment needs administrative treatment, he shall be dealt with according to law or transferred to relevant departments for handling; For criminals sentenced to fixed-term imprisonment, if the remaining sentence is less than three months before delivery for execution, they will execute the punishment on their behalf; Execution of criminal detention, deprivation of political rights and deportation.
Article 4. In criminal proceedings, public security organs must rely on the masses, take facts as the basis and take the law as the criterion. All citizens are equal in applying the law and are not allowed to have any privileges before the law.
Article 5. In criminal proceedings, the public security organs, the people's courts and the people's procuratorates are responsible for the division of labor, cooperate with each other and restrict each other to ensure the accurate and effective implementation of the law.
Baidu Encyclopedia-Procedures for Public Security Organs to Handle Criminal Cases