The psychological changes of criminal suspects in interrogation can be divided into several stages: exploration stage, contradictory struggle stage, confrontation and stalemate stage, repeated swing stage and confession stage. In many cases, there is no clear boundary between these five different stages. Investigators need to use rich investigation experience to analyze the psychological stage of criminal suspects, and the preparation of interrogation transcripts should not be rushed. It is necessary to seize the opportunity. After these psychological changes, the general criminal suspect will completely surrender and his psychological defense line will completely collapse, and then he will make an interrogation record when he confesses. If you are not sure of the timing, you are eager to succeed, and you are eager to make an interrogation record during the investigation stage of the criminal suspect, it will give the criminal suspect an opportunity. Cunning criminal suspects will explore the truth through interrogation content and find out the investigator's card. Once the intention and direction of investigation are exposed, criminal suspects tend to avoid the important and be prepared, which increases the difficulty of investigation and interrogation. However, in the stage of contradictory struggle, confrontation stalemate and vacillation, it is not appropriate to make interrogation records before the psychological defense line of criminal suspects collapses. At this time, the criminal suspect is psychologically unstable. If he is eager to fix the interrogation record, it will lead to a passive situation and even make the interrogation work wasted.
Two, around the elements of crime, pay attention to strengthen the different focus.
(1) The interrogation record of bribery should highlight the subjective and objective aspects of bribery.
The constitutive requirements of the crime of accepting bribes include four aspects, in which the identity of the subject of the crime does not need to be emphasized in the interrogation record because of other documentary evidence and employment documents, but should be reflected in his resume? . The subjective and objective aspects of bribery crime should be the focus of interrogation record.
Subjective aspects mainly include: how the crime of accepting bribes is deliberately formed, the understanding of using the convenience of position to seek benefits for others, the understanding of why bribers pay bribes to them, how the relationship of "power and money transaction" is formed, and the understanding of property possession in accepting bribes. Among them, the most difficult interrogation record is often the corpse? The subjective aspect of crime, because the objective aspect has facts after all? Subjectively, it is necessary to dig deep into the criminal suspect's own greed and criminal intention, which has to face the criminal suspect's psychological darkness and let him explain his inner greed, which is often difficult for the criminal suspect to say. Moreover, the main identities of these suspects are mostly national staff or national staff, and there are also many leading cadres. It is conceivable that it is difficult for them to expose their inner power and money to take bribes. Even if some criminal suspects have truthfully confessed the facts of their bribery crimes, they are unwilling to face them directly when they make interrogation notes and dig deep into their criminal ideological roots, and even have avoidance psychology. At this time, it is necessary to guide the psychology of criminal suspects and combine some objective forms of criminal behavior? , through the objective table? Body? His subjective intention prompted him to dig deep into his inner world and expose his subjective intention to commit crimes. If necessary, we can guide the confession language of the criminal suspect, but the transcript should be expressed in the language of the criminal suspect as much as possible, which will make the interrogation transcript more objective and true.
Do the objective aspects of crime also need details? Such as: the time and place of receiving the property, the process of negotiation with the briber, the requirements of the briber, the nature, amount, quantity, face value, storage place, purpose and destination of the property, the process of profit-making facts, etc.
(2) The interrogation record of bribery crime highlights the subjective elements of "seeking illegitimate interests".
Compared with the crime of accepting bribes, the making of interrogation record of bribery crime emphasizes the constitutive elements of bribers' "seeking illegitimate interests". The Opinions of the two universities on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Commercial Bribery have made specific provisions on the connotation of "seeking illegitimate interests". It is necessary to make it clear in the transcript that the briber seeks benefits that violate laws, regulations, rules or policies, or asks the other party to provide help or convenience that violates laws, regulations, rules, policies and industry norms. But is this illegitimate interest real? Does not affect the composition of the crime of accepting bribes.
Third, win with a fine to prevent confession.
Details determine success or failure. This sentence is more appropriate for making a record of bribery. When making a record, investigators should interrogate and record the details, dig deep into the details in the interrogation, block the back road in advance, and prevent retraction, which requires that every detail that has an impact on the composition of the crime should be concentrated? On the report card. For example, the suspect refused to admit that the briber had been to his home, but the briber said that he would give the money to the briber at his home. At this time, it is necessary to ask when and how the briber went, whether he was accompanied, where the briber lived, what floor he lived on, and the furnishings at home. The more detailed he says, the more he can prove the factual effect of the case. If the briber makes it clear about the specific location of the briber, the environment inside, the furnishings of the furniture, etc. It is enough to prove that the briber has been to his house. If all these objective conditions are recorded in the transcript, a changeable confession, testimony and unchanging object will be fixed together, and the credibility of testimony is self-evident.
In judicial practice, in many bribery cases, both sides often use some excuses and excuses to cover up the facts of the crime. When bribers pay bribes and accept bribes, they will put forward some high-sounding excuses and reasons to cover up the essence of power and money transactions, which also makes both sides psychologically easy to accept and will not be embarrassed. These excuses and reasons are different. No matter what it is, such excuses and reasons will be self-defeating as long as we deeply explore the psychology of criminal suspects. For example, both sides of the bribery bank cover up the fact of accepting bribes in the name of borrowing money. When the two sides trade, the money is really said to be borrowing money. At this time, it is necessary to further explore the criminal facts, such as: what do you think in your heart, whether you have issued an iou for the loan, whether you have agreed on the repayment time, whether you have a legitimate reason for borrowing, the usual relationship between the two sides, whether you have economic exchanges, whether the loan is actually used, the real destination of the loan, the length of the loan time, the expression and behavior of returning, the conditions of returning, the reasons for not returning, and so on. After interrogating these details one by one, the real thoughts of the suspect will be fully exposed. The excuses and excuses for borrowing money have become the fig leaf for both sides of bribery, and are the excuses and reasons for covering up the facts of bribery crimes. Will these contents be recorded in the interrogation record one by one, so that the bribers can fully understand the crime? This report card will become a high-quality report card.
In addition, the time on the interrogation record should be consistent with the time of synchronous audio and video recording, and also with the time of arraignment on the arraignment (pledge) certificate, otherwise the lawyer will question the legality of the evidence in the future trial. Criminal suspects should sign page by page and press their fingerprints. At the same time, they should pay special attention to the final signature of the suspect. Some cunning criminal suspects deliberately wrote their opinions as "the above transcript is different from what I said" when the investigators were not paying attention. If the investigators don't pay attention to the word difference, they will leave a confession for the suspect in the future, and even become evidence for the suspect to retract his confession.
Fourth, pay attention to the fact that the transcripts of bribery are consistent and support each other.
When making the interrogation record of the briber, we should pay attention to verifying each other's criminal facts with the briber. The crime of accepting bribes does not correspond to the constitution of the crime of accepting bribes. In some cases, the briber does not seek illegitimate interests and cannot constitute the crime of accepting bribes. However, in the constitutive elements of the crime of accepting bribes, there is no provision for seeking illegitimate interests. As long as you accept other people's property and seek benefits for others, it constitutes the crime of accepting bribes. For accepting bribes, it is not required to seek benefits. Moreover, seeking profit is divided into commitment, execution and cash. Three stages, as long as you have one of them, you can constitute the crime of accepting bribes. The subjective psychology of bribers when accepting property can be strongly confirmed by bribers. For example, the briber wants something from the briber. When giving money to the briber, there was not much verbal communication, so I put down the money and left. But what was the watch of the briber at that time? This is crucial to the constitution of the crime of accepting bribes. As long as the property is accepted, it can constitute the crime of accepting bribes, and the briber does not need to seek benefits for the briber in the future. As long as you know subjectively that the briber has certain entrusted matters and accepts the property sent by the other party, it is regarded as a promise to seek benefits for the briber. When making the interrogation record or testimony of the briber, it is necessary to show the language, tone, actions and some behaviors of the briber in accepting the property? Body? Come out, so that you can confirm the subjective psychology of the briber at that time.
V. Pay attention to indirect evidence and regenerative evidence in the transcript? .
The direct evidence of bribery cases is mostly indirect evidence except the confessions of both parties, and the collection of indirect evidence can not be ignored. When interrogating the briber about the crime of bribery, we should pay attention to whether there are other insiders, such as family members, drivers, secretaries, accountants, cashiers, business partners, etc. If there is, it should be recorded and supplemented with indirect evidence. If the bribe funds are transferred or withdrawn through the bank, they should also be recorded in the record. By checking the bank accounts, accounting vouchers and other documentary evidence, the criminal facts of bribery can be confirmed.
A series of cases of bribery crimes? There are many examples Once the briber or briber is put on file for investigation by the procuratorate, others who have an interest in the case will cover up the facts of bribery crimes by means of collusion, offensive and defensive alliance, transfer of stolen money, destruction, forgery of evidence, and even return of stolen money and goods. These actions will produce some evidence of regeneration. Recording these abnormal behaviors in the record will improve the credibility of the record of bribery crimes. By collecting and fixing these regenerated evidence, the evidence system of bribery crime will be strengthened, and the direct evidence, indirect evidence and regenerated evidence of bribery crime will be combined to form a complete and unified evidence chain. Improve the quality of investigating and handling bribery cases.