Can unidentified criminal suspects be transferred for prosecution? Yes. According to the provisions of the Criminal Procedure Law, if a criminal suspect does not tell his true name or address and his identity is unknown, the period of investigation and detention will be calculated from the date his identity is found out. However, the investigation and evidence collection of criminal acts shall not be suspended. When the criminal facts are clear and the evidence is reliable and sufficient, the criminal suspect may also be transferred to the People's Procuratorate for review and prosecution based on his or her self-reported name. In actual case handling, some criminal suspects refuse to disclose their names and addresses, or deliberately forge names and addresses because they are fugitives, wanted criminals, have criminal records, or have committed other major crimes, making it difficult for investigators to grasp their names and addresses. True identity, investigation work is often seriously interfered with. In response to this situation, the Criminal Procedure Law not only clearly stipulates that the period of investigation and detention of a criminal suspect shall be calculated from the date when his true identity is found out, but also stipulates that if the criminal facts are clear and the evidence is reliable and sufficient, even if the crime cannot be ascertained, The suspect's true identity should also be transferred for prosecution, and cases with clear facts should not be delayed for too long. Of course, if possible, we should still try our best to find out the real name, address, etc. of the criminal suspect. We cannot arbitrarily fail to find out the true identity of the criminal suspect just because of the above regulations. According to regulations, the premise for prosecuting an unidentified criminal suspect is that the facts of the crime are clear, the evidence is reliable and sufficient, that is, the requirements of the law are met, the investigation is completed, and the conditions for prosecution are met. When initiating a public prosecution, if a criminal suspect self-reports his name but cannot verify it, even if he knows that his reported name, address, etc. are false, as long as it does not affect the determination of the facts of the case, he can be transferred to the People's Procuratorate for review and prosecution according to his self-reported name. ; For those who do not self-report their names and cannot verify them, they can be transferred to the People's Procuratorate for review and prosecution according to the code name. Article 162 of the Criminal Procedure Law of the People's Republic of China stipulates that in cases where the public security organs have concluded their investigation and the criminal facts are clear and the evidence is reliable and sufficient, they shall write a prosecution opinion and transfer it together with the case file materials and evidence to the People's Procuratorate at the same level. Review the decision and notify the criminal suspect and his defender of the case transfer status. If the criminal suspect voluntarily pleads guilty, it shall be recorded in the case and transferred with the case, and the relevant circumstances shall be stated in the prosecution opinion. Article 163 During the course of the investigation, if it is found that the criminal suspect should not be held criminally responsible, the case shall be withdrawn; if the criminal suspect has been arrested, the criminal suspect shall be released immediately, a release certificate shall be issued, and the people who originally approved the arrest shall be notified Procuratorate. I hope that through the above content, you can have a deeper understanding of some issues related to unidentified criminal suspects. If your situation is more complex, this site also provides online lawyer consultation services, and you are welcome to seek legal consultation. Legal Objective:
Article 281, Paragraph 1, of the Criminal Procedure Law stipulates that in criminal cases involving minors, the minor criminal suspect or defendant shall be notified during interrogation and trial. The legal representative is present. If it is impossible to notify or the legal representative cannot be present, or the legal representative is a criminal, you can notify the minor criminal suspect or other adult relatives of the defendant, or the school, unit, grassroots organization, or minor protection organization in the place of residence. Representatives attended the scene and recorded the relevant circumstances. The legal representative present may exercise litigation rights on behalf of minor criminal suspects and defendants.