2. If the crime is another criminal offence, the public security organ at a higher level shall designate other public security organs to investigate and transfer it to the procuratorate for prosecution.
3. If it is just a general illegal act, it will be handled by the discipline inspection or relevant departments.
Police crimes will also be investigated by corresponding laws, and investigation (reconnaissance) procedures and organs will be undertaken by different organs according to the nature of the crime.
First, if the crime committed by the police belongs to duty crime or dereliction of duty, according to the provisions of the Criminal Procedure Law, the procuratorate shall be responsible for investigation and prosecution, and the court shall make a judgment.
Second, if the crime is other than duty crime, the public security organ at a higher level shall designate other public security organs to investigate (handle cases in different places) and transfer it to the procuratorate for prosecution.
Third, if it is only a minor illegal act (non-criminal act), it will be handled by the corresponding organs or departments (such as internal law enforcement organs or inspection organs, court civil trials, etc.). ). Just because some policemen commit crimes does not mean that all the staff of the Public Security Bureau commit crimes. If it is a personal crime, the public security bureau will become a task force to investigate the case; After the investigation, apply to the procuratorate for arrest; After investigation and verification, the procuratorate may approve or disapprove the arrest; If the arrest is approved, the procuratorate will file a public prosecution with the people's court on another day, and put the illegal public security personnel in the dock of the court for trial by the people's court according to law.
The trial procedure is: trial in court, court investigation, evidence cross-examination, court debate, final statement of the parties, discussion of conviction and sentencing opinions by the collegial panel, and judgment by the presiding judge. If the case is complicated, the presiding judge may also decide on a date instead of in court.
The types of duty crimes committed by police officers refer to the behavior that the people's police of public security organs use their specific identities and the convenience of their positions to fail to perform or perform their duties incorrectly, infringe upon the legitimate rights of citizens or units, and undermine and hinder the state's management of police duty activities, which should be punished according to China's criminal law. Public security police duty crime is the alienation of police power in the process of exercise and operation. The common types of public security police duty crimes are mainly manifested in the following five categories:
1, crime of extorting a confession by torture
The consequences of extorting a confession by torture are very serious. The criminal suspect was physically and mentally tortured, physically injured and even disabled to death, and was forced to make some kind of confession, which seriously violated his personal rights and democratic rights. The influence of extorting a confession by torture is very bad. It tramples on the prestige and dignity of the law, reduces the efficiency of criminal proceedings, easily creates unjust, false and wrong cases, and causes people's distrust of public security organs.
2. Crimes of corruption, bribery and misappropriation of public funds
This kind of crime is a common duty crime. Common misappropriation of public funds, illegal distribution of benefits and eating and drinking with public funds, etc.
3, abuse of power, bending the law, dereliction of duty.
The "offside" and "absence" behavior of public security police in exercising their functions and powers caused the above crimes. The crime of abuse of power is mainly manifested in the police playing privileges and infringing on the legitimate interests of citizens. The crime of bending the law for selfish ends, taking advantage of the police's authority, violating facts and laws, handling "human cases", "money cases" and "relationship cases", deliberately favoring one side in the determination of traffic accident responsibility, or handling bail pending trial for criminal suspects in violation of regulations. The crime of dereliction of duty is a kind of negligent crime, which is mainly manifested in the way of inaction and passive failure to perform police duties, resulting in serious violations of the interests of the state and citizens.
4. Crime of intentionally or negligently revealing state secrets
Because the work of the police is very close to the society, there are many people in contact with them, and these people are mixed, which makes the police easily become the "public relations" object of criminals at home and abroad. A very small number of police officers are corrupt and seduce, actively collect information and sell state secrets to overseas intelligence agencies in exchange for economic benefits. In addition, some policemen do not have a strong sense of secrecy, or chat casually on wine tables and other occasions, or operate illegally on networked computers, which also creates opportunities for criminals to obtain a large number of state secrets, causing immeasurable and irreparable losses.
5. Violating the regulations on the use of guns and committing violent crimes with guns.
Laws and regulations such as the Law of People's Republic of China (PRC) on the Control of Guns and the Regulations on the Management and Use of Official Guns by Public Security Organs have made very clear restrictions and regulations on the use of official guns by the people's police of public security organs to perform their duties according to law. However, it is a pity that there are still phenomena that orders can't be done and prohibitions can't be stopped.
legal ground
The People's Republic of China People's Police Law
Twenty-second people's police shall not have the following acts:
(1) Spreading remarks damaging the reputation of the country, joining illegal organizations, participating in assemblies, processions, demonstrations and other activities aimed at opposing the country, and participating in strikes;
(2) divulging state secrets and police work secrets;
(three) practicing fraud, concealing the case, shielding and conniving at illegal and criminal activities;
(4) extorting confessions by torture, corporal punishment or maltreating criminals;
(five) illegally depriving or restricting the personal freedom of others, and illegally searching the body, articles, residence or place of others;
(six) extortion or soliciting or accepting bribes;
(seven) beating others or instructing others to beat others;
(eight) illegal punishment or charge fees;
(nine) accept the parties and their agents to treat and give gifts;
(10) engaging in profit-making business activities or being employed by any individual or organization;
(eleven) dereliction of duty, do not perform their statutory obligations;
(twelve) other violations of law and discipline.
Forty-sixth citizens or organizations have the right to report and accuse the people's police of violations of law and discipline in the people's police organs, people's procuratorates and administrative supervision organs. The organ that accepts the report and complaint shall promptly investigate and deal with it, and inform the prosecutor and complainant of the investigation results. No one may suppress or retaliate against citizens or organizations who report or accuse according to law.