The concept and production requirements of criminal case inquiry record;
I. Concept and function
Interrogation record is a question-and-answer written record made by investigators when they ask witnesses or victims in the process of handling cases according to the provisions of Articles 97 and 98 of China's Criminal Procedure Law.
Inquiry is an important investigation behavior that is often and universally carried out in the investigation activities of public security organs. Interrogation transcripts are important evidence for handling criminal cases. It is one of the bases for investigators to analyze the case and solve the case, and it has an important enlightening role. After verification, the interrogation record becomes one of the evidences in criminal proceedings, and it is also one of the important evidences to determine whether the criminal suspect is guilty or innocent, and whether the crime is serious or light. Therefore, a good interrogation record is of great significance for finding out the case in time, verifying the authenticity of evidence such as the confession of the suspect, accurately identifying the facts of the case, and exposing and punishing the crime.
Format, content and writing method
The interrogation record consists of three parts: head, body and tail.
(1) Header
Mainly writing about the organization of inquiry activities. Generally fill in the print format item by item. The contents include: the start time, end time (when and where), the place of inquiry, the name of the investigator, the name of the recorder, and the basic information of the interviewee (including name, gender, age, nationality, work unit and occupation, and current address). It should also specify the relationship between the person being questioned and some specific people or things involved in the case.
(2) Text
This part is the focus of the interrogation record. Write by question and answer, mainly about the progress of inquiry activities. The first question and answer. The respondent shall be informed to truthfully provide testimony and testimony, and explain the legal responsibilities that should be borne. The recording of the main question and answer content requires the content to be true, detailed and specific. It generally includes three contents: 1. Remember the source of the situation; 2. Write down the specific situation and basis of various characters and facts provided by the interviewee; 3. Record the subjective and objective conditions of respondents' perception of the case. Every piece of information provided by the interviewee, such as person, time, place, process, result, how did the interviewee know, who else knows and so on. Among them, the people and things involved in the key plot of the case should be clearly recorded, and the objective conditions such as the source of materials (what you saw or heard with your own eyes) and related environment should be clearly recorded. If the interviewee forgets or can't remember some details, remember them truthfully.
(3) Tail
After the inquiry is over, the recorder shall hand over the record of the inquiry to the interviewee for verification, and read the contents of the record to the interviewee who has no reading ability. If there are errors or omissions in the transcript, corrections or additions shall be allowed. After the transcript is checked by the interviewee, the interviewee will sign (seal) or press the handprint at the bottom of each page of the transcript, and write on the last page of the transcript near the last line of the transcript: "I have read (or read to me) the above transcript and it is consistent with what I said." Then sign (stamp) or press the handprint in the lower right corner. Any supplementary corrections in the transcript must be made by handprint to ensure its authenticity and accuracy. If the person questioned refuses to sign the opinion, sign (seal) or fingerprint, the recorder shall indicate it in the record.