(1) has different meanings. Identification refers to the investigation activities in which investigators organize identification persons to identify and confirm articles, documents, bodies, places or criminal suspects related to crimes in order to find out the case. Identification refers to the investigation activities in which investigators lead the identification person to identify the place or criminal suspect related to the crime in order to investigate and solve the case and collect evidence. (2) The legal basis is different. The Criminal Procedure Law of People's Republic of China (PRC) (hereinafter referred to as China's Criminal Procedure Law) does not stipulate "identification" in the investigation procedure, but stipulates "identification" in the trial procedure (first instance procedure), but the "identification" here has the nature of "cross-examination". Articles 249 to 253 of the Procedural Provisions and 257 to 262 of the Criminal Procedure Rules clearly define "identity". Paragraph 2 of Article 80 of China's Criminal Procedure Law stipulates: "In any of the following circumstances, The public security organ may detain in advance: ............................................................................................................................................ ......................................................................................................................................................................... (3) has different scope of application. Appraisal is mainly applicable to the investigation stage, but it is also applicable to the trial stage. Appraisal only applies to the investigation stage. (4) Different subjects. The subjects of investigation and identification are criminal suspects, witnesses and victims. For example, Article 246 of the Procedural Provisions stipulates that "in order to find out the case, investigators may, when necessary, let the victim, criminal suspect or witness identify the articles, documents, bodies, places or criminal suspects related to the crime. "The subject identified in the investigation is generally a criminal suspect, but sometimes there are victims or people who have seen it with their own eyes, that is, witnesses. (5) The objects are different. The object of investigation and identification is articles, documents, corpses, places or criminal suspects related to crimes. The objects identified in investigation are generally places related to crimes, but sometimes there are criminal suspects. (6) The rules are different. Mixed identification rules can be used to identify articles, documents or criminal suspects related to crimes, but not to identify them. Identification can adopt the rule of repeated identification (that is, when identifying articles, documents or criminal suspects related to crimes, it can be repeated many times), while identification is generally carried out once. Identification can adopt the rule of combining public identification with secret identification, and identification is mostly carried out in public. (7) Different legal procedures. There are strict legal procedures for appraisal. According to Paragraph 2 of Article 246 of the Procedural Provisions and Paragraph 2 of Article 2 10 of the Rules of Criminal Procedure, as well as the provisions of relevant laws and regulations, investigators shall make an Application for Identification Report when identifying criminal suspects, which shall be approved by the person in charge of the case-handling department or the procurator-general. After the appraisal is completed, an appraisal record shall be made. Identification may not require these approvals or legal procedures. (8) Different methods. Identification can adopt direct identification methods (such as directly watching the appearance of the criminal suspect to identify; Directly watch the articles, documents, places and victims' bodies related to the crime for identification), or adopt indirect identification methods (such as watching photos or videos of criminal suspects for identification); Listen to the recording of the criminal suspect's speech and identify it; Look at the articles, documents, places and photos of the victim's body related to the crime. Identification can only take direct methods, not indirect methods. In real life, we can often see some defense lawyers, whose words are usually in criminal cases. Defending the relevant conviction and sentencing part must be based on the principle of benefiting the criminal suspect. In addition, there is an identification link in the investigation process.
Legal objectivity:
Article 249 of the Procedures for Handling Criminal Cases by Public Security Organs. In order to find out the case, investigators may, when necessary, let victims, witnesses and criminal suspects identify articles, documents, corpses, places or criminal suspects related to the crime. Article 257 of the Criminal Procedure Law of the People's Procuratorate: In order to find out the case, when necessary, the procurator may let the victim, witness and criminal suspect identify the articles, documents, bodies or places related to the crime; Victims and witnesses may also be asked to identify criminal suspects, or criminal suspects may identify other criminal suspects. The identification of a criminal suspect shall be approved by the chief procurator.