Relevant laws and regulations "Criminal Procedure Law of People's Republic of China (PRC)"
Article 113 A public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, whether the crime is minor or serious. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Article 114 After investigation, the public security organ shall conduct a preliminary examination of cases with evidence to prove the existence of criminal facts, and verify the evidence materials collected and collected.
Article 115 If a party, his defender, agent ad litem or interested party commits any of the following acts against the judicial organ and its staff, he has the right to lodge a complaint or accusation with the judicial organ:
(a) the compulsory measures are not lifted, lifted or changed at the expiration of the statutory time limit;
(2) The bail bond that should be returned has not been returned;
(3) Take measures of sealing up, distraining and freezing the property irrelevant to the case;
(four) the seizure, seizure and freezing should be lifted;
(5) Seizing, misappropriating, dividing up, exchanging or using the sealed-up, seized or frozen property in violation of regulations.
The organ that accepts the complaint or accusation shall deal with it in time. If you are dissatisfied with the handling, you may appeal to the people's procuratorate at the same level; Cases directly accepted by the people's procuratorate may appeal to the people's procuratorate at the next higher level. The people's procuratorate shall promptly examine the complaint, and if the situation is true, notify the relevant authorities to correct it.
Section 2 Interrogation of Criminal Suspects
Article 116 The interrogation of a criminal suspect must be conducted by investigators of a people's procuratorate or a public security organ. During interrogation, there shall be no fewer than two investigators.
After the criminal suspect is sent to the detention center for custody, the investigators shall interrogate him in the detention center.
Article 117 A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record.
The duration of summons or summons shall not exceed twelve hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours.
The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.
Article 118 When interrogating a criminal suspect, investigators should first ask whether the criminal suspect has committed a crime, let him state his guilt or innocence, and then ask him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case.
When interrogating a criminal suspect, investigators should inform the criminal suspect of the legal provisions that can be lenient.
Article 119 When interrogating a deaf-mute criminal suspect, people familiar with deaf-mute gestures should participate, and this situation should be clearly recorded.
Article 120 The interrogation record shall be checked by the criminal suspect, and read to him if he can't read. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. The criminal suspect shall sign or seal his name after admitting that it is correct in the record. Investigators should also sign the records. If a criminal suspect requests to write his own confession, it shall be allowed. When necessary, investigators may also ask the criminal suspect to write a confession in person.
121st investigators may record or video the interrogation process when interrogating a criminal suspect. For cases that may be sentenced to life imprisonment or death penalty or other major criminal cases, the interrogation process shall be recorded or videotaped.
Audio or video recording should run through the whole process and remain intact.
Section 3 Questioning witnesses
Article 122 Investigators may question witnesses on the spot, or go to the place where the witness is located or the place where the witness puts forward. When necessary, the witness may be notified to testify in a people's procuratorate or a public security organ. When questioning witnesses on the spot, they should show their work certificates, and when questioning witnesses at their units, residences or places proposed by witnesses, they should show their certificates from people's procuratorates or public security organs.
The questioning of witnesses should be conducted separately.
Article 123 When questioning a witness, the witness shall be informed of the legal responsibilities that he shall truthfully provide evidence and testimony and intentionally commit perjury or conceal criminal evidence.
Article 124 The provisions of Article 120 of this Law shall also apply to the questioning of witnesses.
Article 125 The provisions of this section shall apply to the interrogation of victims.
Section 4 Inspection and Inspection
Article 126 Investigators shall conduct an inquest or inspection of places, articles, persons and corpses related to crimes. When necessary, people with specialized knowledge may be appointed or hired to conduct inquests and inspections under the auspices of investigators.
Article 127 Any unit or individual has the obligation to protect the crime scene and immediately notify the public security organ to send personnel to conduct an inquest.
Article 128 When conducting an inquest or inspection, investigators must hold the certification documents of the people's procuratorate or the public security organ.
Article 129 The public security organ has the right to decide to conduct an autopsy on a corpse with unknown cause of death and notify the family members of the deceased to be present.
Article 130 In order to determine certain characteristics, injuries or physiological conditions of victims and criminal suspects, people can be examined, fingerprint information can be extracted, and biological samples such as blood and urine can be collected.
If the criminal suspect refuses to check, the investigators may force the inspection when they think it necessary.
Physical examination of women should be conducted by female staff or doctors.
Article 131 An inquest or inspection shall be written in a written record, which shall be signed or sealed by the participants and witnesses.
Article 132 When examining a case, the people's procuratorate deems it necessary, it may request the public security organ to review the inquest and inspection of the public security organ, and may send procurators to participate.
Article 133 In order to find out the case, when necessary, with the approval of the person in charge of the public security organ, investigation experiments may be conducted.
The investigation of the experiment shall be recorded in the record and signed or sealed by the participants in the experiment.
In the investigation and experiment, all dangerous, insulting or immoral behaviors are prohibited.
Section 5 Search
Article 134 In order to collect criminal evidence and arrest criminals, investigators may search the bodies, articles, residences and other relevant places of criminal suspects and people who may hide criminals or criminal evidence.
Article 135 Any unit or individual has the obligation to hand over physical evidence, documentary evidence, audio-visual materials and other evidence that can prove the criminal suspect's guilt or innocence at the request of the people's procuratorate and the public security organ.
Article 136 When conducting a search, a search warrant must be presented to the person being searched.
When an arrest or detention is carried out, a search can be conducted without a search warrant in an emergency.
Article 137 When searching, the searched person or his family members, neighbors or other witnesses shall be present.
A search of a woman's body shall be conducted by female staff.
Article 138 The record of a search shall be signed or sealed by the investigator and the searched person or his family members, neighbors or other witnesses. If the searched person or his family is at large or refuses to sign or seal, it shall be indicated in the record.
Section 6 Seizure of Physical Evidence and Documentary Evidence
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 documents shall be properly kept or sealed, and shall not be used, exchanged or damaged.
Article 140 The seized and detained property and documents shall be checked clearly with the witnesses and holders present, and a list shall be made on the spot in duplicate, which shall be signed or sealed by the investigators, witnesses and holders, one for the holder and one for future reference.
Article 141 When an investigator deems it necessary to seize the mail or telegram of a criminal suspect, he may, with the approval of the public security organ or the people's procuratorate, notify the post and telecommunications organ to hand in the relevant mail or telegram for inspection and seizure.
When it is no longer necessary to detain, it shall immediately notify the post and telecommunications organs.
Article 142 People's procuratorates and public security organs may, according to the needs of investigating crimes, inquire about and freeze the deposits, remittances, bonds, stocks, fund shares and other property of criminal suspects in accordance with regulations. The relevant units and individuals shall cooperate.
If a criminal suspect's deposits, remittances, bonds, stocks, fund shares and other properties have been frozen, they may not be frozen again.
Article 143 If the seized or detained property, documents, mails, telegrams or frozen deposits, remittances, bonds, stocks, fund shares and other properties are found to be really irrelevant to the case, the seizure, seizure and freezing shall be lifted within three days and returned.
Section 7 Identification
Article 144 In order to find out the facts of a case, when it is necessary to solve specialized problems in the case, a person with specialized knowledge shall be appointed to make an appraisal.
Article 145 After conducting an appraisal, an appraiser shall write an appraisal opinion and sign it.
If an appraiser intentionally makes a false appraisal, he shall bear legal responsibility.
Article 146 The investigation organ shall inform the criminal suspect and the victim of the expert opinions used as evidence. If a criminal suspect or victim applies, he may make supplementary appraisal or re-appraisal.
Article 147 The time for psychiatric appraisal of a criminal suspect is not included in the time limit for handling a case.
Section 8 Technical Investigation Measures
Article 148 After putting a case on file, the public security organ may, according to the needs of investigating crimes and through strict approval procedures, take technical investigation measures against crimes endangering national security, terrorist activities, organized crimes of underworld nature, major drug crimes or other crimes seriously endangering society.
After filing a case, the people's procuratorate may, according to the needs of investigating crimes and through strict approval procedures, take technical investigation measures for major cases of corruption and bribery and major cases of serious violations of citizens' personal rights committed by taking advantage of their powers, and hand them over to relevant organs for execution in accordance with regulations.
To hunt down a criminal suspect or defendant who is wanted at large or whose arrest has been approved, the necessary technical investigation measures may be taken upon approval.
Article 149 The approval decision shall determine the types and applicable objects of technical investigation measures according to the needs of crime investigation. The approval decision is valid for three months from the date of issuance. Those who do not need to continue to take technical investigation measures shall be lifted in time; For complex and difficult cases, if technical investigation measures need to be taken after the expiration of the time limit, the validity period may be extended after approval, and each time shall not exceed three months.
Article 150 Technical investigation measures must be taken in strict accordance with the types, applicable objects and time limits of approved measures.
Investigators should keep confidential the state secrets, business secrets and personal privacy they know in the process of taking technical investigation measures; Materials irrelevant to the case obtained through technical investigation must be destroyed in time.
The materials obtained by technical investigation measures can only be used for investigation, prosecution and trial of crimes, and shall not be used for other purposes.
The public security organs shall take technical investigation measures according to law, and the relevant units and individuals shall cooperate with them and keep the relevant information confidential.
Article 151 In order to find out the case, when necessary, upon the decision of the person in charge of the public security organ, the relevant personnel may conduct an investigation under cover of their identities. However, it is not allowed to induce others to commit crimes, and it is not allowed to use methods that may endanger public safety or cause serious personal danger.
For the criminal activities of paying drugs and other contraband or property, the public security organ may, according to the needs of investigating crimes, implement controlled delivery in accordance with regulations.
Article 152 Materials collected by investigation measures in accordance with the provisions of this section may be used as evidence in criminal proceedings. If the use of evidence may endanger the personal safety of the relevant personnel, or may have other serious consequences, protective measures such as not exposing the identity and technical methods of the relevant personnel shall be taken, and if necessary, it may be verified by judges outside the court.
Section 9 Wanted
Article 153 If a criminal suspect who should be arrested is at large, the public security organ may issue a wanted order and take effective measures to pursue and bring him to justice.
Public security organs at all levels can directly issue wanted orders within their respective jurisdictions; Beyond the scope of this jurisdiction, it shall be reported to the higher authorities that have the right to decide to publish it.