1. Investigation behavior In China, investigation behavior includes not only the special investigation activities carried out by investigators according to law, but also the compulsory measures taken to prevent active criminals and criminal suspects from continuing to commit crimes, escape, destroy evidence or commit suicide. According to the provisions of the Criminal Procedure Law, China's investigation behavior system should include the following contents: interrogation of criminal suspects, questioning of witnesses, victims, inquest, inspection, search, seizure of physical evidence, documentary evidence, identification, wanted, summons, bail pending trial, residential surveillance, detention and arrest.
2. investigation termination refers to the litigation activities in which the investigation organ considers that the facts of the case have been ascertained and the evidence is sufficient to determine whether the criminal suspect has committed a crime, whether criminal responsibility should be investigated, and decides to terminate the investigation, handle the case or put forward handling opinions according to law.
according to the provisions of the criminal procedure law, the decision to transfer the case for examination and prosecution or to dismiss the prosecution should be made according to the different circumstances of the case.
(1) The public security organ shall conclude the investigation: if the facts of the crime are clear and the evidence is true and sufficient, the public security organ shall write a Prosecuting Opinion and transfer it to the people's procuratorate at the same level for examination and decision. If the case should be examined and prosecuted by the people's procuratorate at a higher level or at the same level, it should also be transferred to the procuratorate for examination and decision. If the circumstances of the crime are minor, there is no need to be sentenced to punishment or the punishment can be exempted according to law, the public security organ may indicate that it meets the conditions for non-prosecution when transferring the prosecution, and the people's procuratorate shall examine and decide whether to prosecute.
if it is found in the investigation that the criminal suspect's behavior does not constitute a crime or there are other circumstances that should not be investigated for criminal responsibility according to law, a decision to dismiss the case shall be made and a written decision to dismiss the case shall be made. A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.
(2) the people's procuratorate's handling of the end of investigation: after the end of investigation, the cases put on file by the people's procuratorate are basically similar to those handled by the public security organs. The difference is that after the people's procuratorate's investigation, for cases that meet the conditions of prosecution or non-prosecution, the investigation department will formulate a "prosecution opinion" or a "non-prosecution opinion" and send it to the examination and prosecution department together with other case files, which will review it, and then make a decision on prosecution or non-prosecution according to the examination and prosecution procedures. For cases that need to be revoked, the investigation department shall directly report them to the procurator-general or the procuratorial committee for decision.
3. supplementary investigation
supplementary investigation means that the public security organ or the people's procuratorate, on the basis of the original investigation work, re-investigate some facts and circumstances of the case in accordance with legal procedures. There are three kinds of supplementary investigation in procedure: (1) supplementary investigation in the stage of examination and arrest; (2) supplementary investigation in the stage of examination and prosecution; and (3) supplementary investigation in the stage of trial.