Do the case handlers have the right to detain the household registration book of the suspect's family? Investigators have no right to detain the criminal suspect's household registration book. According to the relevant provisions of the Criminal Procedure Law and the Procedures for Handling Criminal Cases by Public Security Organs, in the process of handling criminal cases, public security organs can only seize the finance and files related to the case, and others may not be seized. However, when the public security organs monitor the adoption of compulsory residence measures in accordance with the Criminal Procedure Law of People's Republic of China (PRC), they can seize entry and exit documents such as passports, identity documents and driving documents.
Relevant laws and regulations:
Procedures for handling criminal cases by public security organs
Article 222 All kinds of property and documents found in investigation activities that can prove the criminal suspect's guilt or innocence shall be sealed up and detained; However, property and documents irrelevant to the case shall not be sealed up or detained.
Criminal procedure law
Article 75 A criminal suspect or defendant living under surveillance shall abide by the following provisions:
(1) Not to leave the residential place under surveillance without the approval of the executing organ;
(two) without the approval of the executive organ, shall not meet with others or correspondence;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion;
(six) the passport and other entry and exit documents, identity documents, driving documents to the executive authorities for safekeeping.
If a criminal suspect or defendant living under surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he may be arrested; If it is necessary to arrest, the criminal suspect or defendant may be detained first.
Article 139 All kinds of property and documents found in investigation activities that can prove the criminal suspect's guilt or innocence shall be sealed up and detained; Property and documents irrelevant to the case shall not be sealed up or detained.
The seized and detained property and archives shall be properly kept or sealed, and shall not be used, exchanged or damaged.
The case-handling personnel should ask the criminal suspect and the defendant what documents they should hold: the "Certificate of Trial" of the case-handling unit and the work permit of the case-handling personnel. The detention center has strict procedures for interrogating criminal suspects (defendants).
It is definitely illegal for the case-handling personnel to ask the criminal suspect and his family for the funds for handling the case. As long as there is evidence, they can sue.
According to the law, if a criminal suspect is released on bail pending trial due to illness, the case-handling personnel will die after being detained again. If he dies in custody, he shall promptly notify the procuratorate, the court and his family members to identify the remains. If it is a natural death due to illness, the detention center is not responsible. Abnormal death, find out the responsibility, shall be investigated according to law.
Is it effective for public security investigators to let criminal suspects sign the demolition agreement at the detention center? Public security organs cannot participate in land acquisition and demolition, which has long been expressly stipulated.
The people's police of public security organs can't go to the detention center and sign the so-called demolition agreement with the criminal suspect.
Should be signed by the demolition department staff.
At present, this is a loophole in our criminal procedure law. Lawyers meeting with criminal suspects must be arranged by public security organs, and some cases must be approved by public security organs.
There is no specific way but to ask the local judicial department and the public security department to coordinate.
You can report it to the procuratorate.
Why are criminals called suspects after being convicted? According to Article 12 of the Criminal Procedure Law of People's Republic of China (PRC), no one shall be found guilty without the judgment of the people's court according to law.
Therefore, any defendant or criminal suspect is presumed innocent and cannot be called a criminal until the people's court hears the case according to law and the judgment takes effect. Only after the court decision takes effect can it be called a criminal. The person accused of a crime is a criminal suspect or defendant. According to the law, they have different titles at different stages. In the stage of criminal investigation and prosecution, that is, before the procuratorial organ brings a lawsuit to the people's court, it is called a criminal suspect; After a procuratorial organ brings a lawsuit to a people's court, it is called a criminal defendant. Without the judgment of the people's court, a criminal suspect or defendant shall not be found guilty.
Only a court decision can be called a conviction, and neither the public security organ nor the procuratorial organ has the right to convict before the court decision, so strictly speaking, a criminal is called a suspect before conviction and a criminal after conviction.
Do you have the right to be detained if you are identified as a contract fraud suspect? If the vehicle is involved in a case, or part of your property needs to be frozen or seized to ensure that the victim will be paid off in the future, you can seize the vehicle.