Criminal suspect (also known as suspect, suspect, suspect) refers to the title of the person who was criminally investigated for suspected crime before the procuratorial organ formally filed a public prosecution with the court.
Whether it is a crime or not, everyone has the right to reputation and privacy. Including the investigation object of the criminal investigation organ or the suspected object preliminarily determined by the investigation clue.
Extended data
I. Legal rights of criminal suspects:
1, the right to legal help
A criminal suspect may, after the first interrogation by the investigation organ or the day when compulsory measures are taken, hire a lawyer to provide him with legal advice and represent him in complaints and accusations.
2, the right to entrust a defender
The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. 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.
3. Right to apply for withdrawal
If the procurator or his close relatives have an interest in the case, and the procurator accepts the client and his client's treat and presents, and meets the client and his client in violation of the regulations, the criminal suspect has the right to ask him to withdraw.
4. The right to use the spoken and written languages of one's own nationality in litigation.
5. Right to apply for bail pending trial
Criminal suspects in custody and their legal representatives, close relatives and lawyers hired have the right to apply for bail pending trial.
6. Have the right to refuse to answer questions irrelevant to this case.
7. Right to request the cancellation of coercive measures
If a criminal suspect and his legal representative, close relatives or lawyers entrusted by the criminal suspect take compulsory measures against the people's procuratorate for more than the statutory time limit, they have the right to demand the cancellation of compulsory measures.
8. Right to apply for supplementary appraisal or re-appraisal
A criminal suspect may apply for supplementary appraisal or re-appraisal of the appraisal conclusion used as evidence.
9. The right of appeal against the decision of the people's procuratorate not to prosecute.
A criminal suspect may appeal to the people's procuratorate against the decision made by the people's procuratorate not to prosecute.
10, with the right to view records.
The interrogation record shall be submitted to the criminal suspect for verification. If there are omissions or errors in the record, the criminal suspect may supplement or correct it.
1 1, the right to sue for infringement
Procurators have the right to sue for violations of citizens' litigation rights and personal insults.
65438+
A criminal suspect who has been infringed upon his personal rights or property rights due to the illegal exercise of functions and powers by the People's Procuratorate and its staff has the right to compensation.
Second, the right to privacy.
The right to privacy refers to a kind of personality right that the natural person enjoys the peace of private life and the privacy of private information is protected according to law, and is not illegally violated, known, collected, used and made public by others.
Moreover, the right subject has the right to decide to what extent others can interfere in their private lives, whether their privacy is open to others, and the scope and extent of disclosure. Privacy is a basic right of personality.
Inclusion range
1. account
The subject of privacy right should be a natural person, not including a legal person. The goal of privacy is to maintain human comfort and personal dignity. Privacy is a kind of personality right, which exists in the right holder's own personality, that is, the right based on the right holder's own personality interests.
The most obvious feature of personality right lies in its non-property, and the secret of enterprise legal person is linked to the economic interests of enterprise legal person, which is a kind of property of enterprise At the same time, infringement of privacy will constitute a kind of personality injury and inner anxiety, while infringement of enterprise secrets will constitute the loss of economic interests of enterprises.
Although legal persons also have secrets, they belong to the category of trade secrets and are protected by the Anti-Unfair Competition Law.
Logically speaking, the deceased should not enjoy the right to privacy, but the law should continue to protect the right to privacy of the deceased before his death. The reason is:
(1) The deceased is not a person in the legal sense and cannot have any rights, including the right to privacy;
(2) The protection of the privacy of the deceased is a kind of interest, which is the emotional interest and reputation interest of the deceased's close relatives and interested parties.
Compared with the deceased, the interests are meaningless, but the privacy of the deceased before his death is closely related to his close relatives and interested parties.
Exposing the privacy of the deceased constitutes a part of the emotional factors or reputation interests of close relatives, which is likely to cause mental pain to the surviving close relatives and interested parties, thus protecting the privacy of the deceased, that is, safeguarding the reputation of survivors.
target
The object of privacy is privacy. The definition of privacy, due to the differences of national culture and people's living habits, can be said that different people have different opinions.
The word "privacy" comes from the United States, that is, it evolved from "privacy", meaning a private life that has nothing to do with others. In the current American legal system, the essence of privacy is a very broad concept, so there is no legislation or other documents to make a clear and specific definition of privacy.
1995 10 The White Paper on Privacy and Information Superhighway issued by the Telecommunications and Information Administration of the US Department of Commerce holds that the right to privacy includes at least the following nine aspects:
(1) Privacy of private property;
(2) Privacy of name and image interests;
(3) Do not interfere in the privacy of other people's affairs;
(four) the privacy of the internal affairs of the organization or enterprise;
⑤ Privacy about inconvenient appearance on some occasions;
⑥ respecting the privacy of others and not disclosing personal information;
⑦ Privacy about sexual life and other private lives;
8 privacy requirements about not being supervised by others;
Pet-name ruby private relative to the privacy of officials. It can be seen that in the current legal system in the United States, privacy has covered almost all aspects of individuals and personal life, and will also involve all areas of social life, becoming the most comprehensive and powerful "excuse" and "means" for protecting personal interests in modern society.
For example, when interviewing for a job in the United States, it is generally not allowed to ask job seekers so-called "privacy" questions, such as immigration status, personal marriage, family status and identity health status, in addition to the occupation and position stipulated by law, in order to prevent all kinds of "discrimination".
Therefore, privacy generally refers to private life and private information that is only related to the interests or individuals of a specific person, and the right holder does not want to be known by others. Privacy is different from the concept of privacy involved in the relevant laws of our country. It refers to the secrets related to men and women in social life, and of course it also belongs to the privacy part.
With the extensive use of Internet technology, many personal privacy problems have arisen, which will also bring unexpected problems to many aspects of personal freedom in the future development process. One of the privacy issues brought by the Internet is a key issue.
Personal data right
The so-called personal data refers to a set of data used to identify the basic situation of individuals. Specifically, personal data mainly includes:
Identify personal information related to the network, such as personal basic situation, personal life and work experience, social situation, etc. Network-related information includes the following four aspects:
① Identity and health status of individual login. When network users apply for online account opening, personal homepage, free email and other services (shopping, medical care, making friends, etc.). ) provided by the service provider,
Service providers often require users to log in their name, age, address, resident ID number, work unit and other identities and health status. Service providers have the obligation and responsibility to keep personal secrets and shall not disclose them without authorization.
For example, the privacy statement of "Phoenix Website" states: "This website will strictly manage and protect the information you provide, and this website will use corresponding technologies to prevent your personal data from being lost, stolen or tampered with."
Personal credit and property status, including credit card, electronic consumption card, network card, online account number and password, trading account number and password, etc. All kinds of credit cards and accounts that individuals log in and use when surfing, spending or trading online belong to personal privacy and shall not be disclosed.
3 mailboxes and mailboxes are also personal privacy, and most users are reluctant to disclose them. Master and collect user mailboxes and make them public or provide them to others.
As a result, users receive a large number of advertising emails, spam emails or are attacked and cannot use them normally, which interferes with users and obviously infringes on their privacy.
④ traces of network activities. Personal traces of online activities, such as IP address, browsing traces, activity content, etc., all belong to personal privacy.
Reference Link Source: Baidu Encyclopedia-Criminal Suspect
Reference link source: Baidu Encyclopedia-Privacy