What are the cases of being chased by the Internet as a crime?

2 1 century is called the internet age. In order to keep up with the pace of the world, China's network development has surpassed many countries in recent years and is at the forefront of the world. China's network effect can be said to be a powerful force, and many cases are handled by netizens. So is it legal to be chased online? 1. Is it a crime to be chased by the Internet? Online pursuit is just a means of investigation. Online pursuit shows that the police have filed a case for investigation but have not been convicted. Conviction can only be decided by the court. It doesn't necessarily mean that people who are chased online will be convicted. It depends on the evidence of the case. If the evidence is insufficient or the court thinks that it does not constitute a crime, it will not be convicted. Only after investigation, prosecution, trial, conviction and sentencing can there be a criminal record. "Pursuit on the Internet" is a kind of investigation activity in which public security organs use the "National Information System for Fugitive Persons" of the public security network or the CD-ROM regularly issued by the Ministry of Public Security to release the information of criminal suspects who have been approved for criminal detention or arrest, but have not been executed because of their absconding. Once they find suspicious persons, public security departments all over the country immediately use the Internet to make inquiries and comparisons, so as to capture fugitives. In recent years, as a new investigation measure, "online pursuit" has played an increasingly important role in pursuing criminal suspects, cracking down on crimes and maintaining social order and stability. However, due to the imperfect provisions of the "online pursuit" investigation measures, the existing regulations have low legislative level and low effectiveness, and there is no effective connection with the criminal procedure law, which is easy to infringe on the legitimate rights and interests of criminal suspects in practice. Second, the problems exposed in the law enforcement practice of "online pursuit" Because the law lacks specific and clear norms for "online pursuit", the detention and transfer procedures of criminal suspects in practice are arbitrary and chaotic, which seriously infringes on the legitimate rights and interests of criminal suspects. 1, the execution of detention did not comply with legal procedures. Article 85 of the Criminal Procedure Law stipulates that when a public security organ is detained, it must produce a detention permit. In reality, online fugitives across provinces and regions are all captured through "online pursuit". Due to the objective separation between the place where the case was filed and the place where it was arrested, the custody legal documents are kept in the place where the case was filed, and the public security organs in the place where the case was filed usually download scanned copies of the custody documents or use telex documents to detain the fugitive criminal suspects. Since neither the telex document nor the downloaded document is the original legal document, it is impossible to ask the suspect to sign it. In practice, in order to avoid trouble, some public security organs only verbally tell the suspects why they were arrested without any formal procedures. 2, leading to the calculation error of the detention period. The term of criminal detention of a criminal suspect shall be counted from the time when compulsory measures are taken and he is detained in a detention center. Because there is no formal detention certificate, some public security organs think that the starting point of calculating the detention period should be the time when the suspect is brought back to the public security organ in the crime place, which leads to the restriction of the personal freedom of the suspect and can not be included in the detention period. 3. It is useless to inform the family members of the arrested person or their unit. Article 85 of the Criminal Procedure Law stipulates that the public security organ shall notify his family members or his unit within 24 hours of the reason and place of detention, unless it hinders the investigation or cannot notify him. In practice, because the document of the Ministry of Public Security on "Online Pursuit" doesn't specify which public security organ will notify the families or units of the detained criminal suspects, the public security organs at the place of the crime and the place of arrest shirk their responsibilities, and often fail to notify the place of the crime on the grounds that it is not clear whether it will hinder the investigation. 4. The right to hire a lawyer cannot be guaranteed. Article 34 of the Criminal Procedure Law stipulates that "a criminal suspect may hire a lawyer to provide him with legal advice after the first interrogation by the investigation organ or from the day when compulsory measures are taken, and make complaints and accusations on his behalf." However, in practice, the right to hire a lawyer cannot be guaranteed because of the unclear nature of detention measures, the lack of formal legal procedures and the lack of corresponding norms to inform them of their rights and obligations. In this case, the suspect Li did not inform his family or unit before being handed over by the police in A city, and told him that he had the right to hire a lawyer. Therefore, it is useless for online fugitives captured across provinces. Three. Suggestions on perfecting "online pursuit" 1 investigation measures. Establish an "online pursuit" system by amending the law. "Pursuit on the Internet" is a new investigation method with the development of network technology, and the practice has proved that the effect is remarkable. However, as a compulsory measure to restrict personal freedom, "online pursuit" is different from the existing seven legal investigation measures such as wanted. The most fundamental measure to change the current infringement of "online pursuit" on the legitimate rights of criminal suspects is to improve legislation and amend existing laws so that the measures of "online pursuit" can be followed by laws. Under the background of a new revision of the Criminal Procedure Law, it is necessary to make it a separate investigation measure when the Criminal Procedure Law is revised again, establish its legal status, clarify its concept, and make special provisions on the time limit for arresting fugitives in different places. 2, standardize and further refine the "online pursuit" program. Unclear procedures and unclear responsibilities are the main reasons for the lax enforcement of "online pursuit". It is suggested that the Ministry of Public Security refine the law enforcement procedure of "online pursuit" and clarify the respective responsibilities of the public security organs in the place where the case is filed and the place where the case is arrested, which not only fully guarantees the strength of "online pursuit" in cracking down on crimes, but also fully protects the legitimate rights of criminal suspects, and forms a complete legal system of "online pursuit" with criminal law, departmental regulations and normative documents. The author believes that the public security organ at the place of arrest should first issue the corresponding legal documents, inform the criminal suspect of his litigation rights and obligations in accordance with the relevant provisions of the Criminal Procedure Law, and inform the criminal suspect's family and the unit where he works, and then transfer the relevant legal documents to the public security organ at the place of arrest. This is conducive to interlocking, avoiding mutual disconnection and accurately recording the detention situation. 3. It is suggested to design a special detention permit for "online pursuit". You can design a special detention card for "online pursuit". Different from the general detention permit, this kind of legal document requires the seals of the public security organs of the two places and the access time of the detention centers of the two places. When the original detention certificate is faxed or downloaded to the place of arrest, the place of arrest will issue a special detention certificate accordingly, affix the official seal and show it to the suspect for signature. After the criminal suspect is brought back to the original crime place, the public security organ of the crime place stamps the official seal of the unit on the same detention certificate, and at the same time, the detention certificate indicates the time when the detention center was put forward and the time of re-detention, which becomes a complete legal document and is transferred with the volume. 4. Clarify the calculation of the detention period of "online pursuit" investigation. The prominent and essential feature of criminal detention is to devour the starry sky and deprive people of their personal freedom. This is a rather severe coercive measure. The time spent in custody at the place of arrest in "online pursuit" is a static state of restricting the personal freedom of criminal suspects, which conforms to all the characteristics of criminal detention and should be included in the period of criminal detention. Article 34 of the Criminal Procedure Law: A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it. If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ. The discussion and detailed analysis of this issue and related contents show that online pursuit is a means of investigation, which is different from online wanted. Internet wanted is a way for judicial organs and public security organs to handle cases in China. Can give full play to the advantages of the network, the rapid and timely effect makes many network fugitives have nowhere to escape, so that the network can effectively reflect the real information and speed up the closing of the case.