After the criminal suspect is sent to the detention center for custody, the interrogation shall be conducted in the interrogation room of the detention center, and the whole process shall be synchronized with audio or video recording. When handing over a case, the investigation organ shall hand over all the evidence proving the guilt or innocence of the criminal suspect or defendant and the seriousness of the crime. Evidence that should be excluded in the process of investigation, examination, prosecution and trial shall be excluded according to law, and shall not be used as the basis for requesting approval of arrest, approval or decision of arrest, transfer for examination and prosecution, and making prosecution decisions and judgments.
Adhere to the principle of judging evidence, and evidence that has not been verified by court investigation procedures such as presentation, identification and cross-examination in court shall not be used as the basis for finalizing the case. For cases with insufficient conviction evidence, we should adhere to the principle of never suspecting a crime, declare the defendant innocent according to law, and can't degrade to make a judgment of "leaving room". For cases where the conviction is true and sufficient, but the evidence that affects sentencing is doubtful, it should be handled in favor of the defendant when sentencing. It is not because of the hype of public opinion, the pressure of the parties and their relatives to visit and "solve the case within a time limit"; Make judgments and decisions that violate the law.
The prison shall not detain the complaint materials.
Effectively protect lawyers' defense rights such as meeting, marking papers, investigating and collecting evidence, questioning in court, cross-examination and debate. The people's court shall carefully examine the defense opinions put forward by the defendant and his defenders and the evidence materials submitted, and explain the reasons for adopting or not adopting them in the judgment documents. Accusations, exposures and accusations against criminals; A prison or other penalty-executing organ shall not detain it, but shall promptly transfer it to or hand it over to the relevant organ for handling, and the relevant organ shall carefully examine it, handle it in time, and notify the prison or other penalty-executing organ of the handling result.
legal ground
Article 12 of the Provisions on Effectively Preventing Unjust, False and Misjudged Cases
It is clearly pointed out that collegiate bench, sole judge, prosecutor and people's police should establish and improve the responsibility system for handling cases, and judges, prosecutors and people's police should be responsible for the quality of handling cases within their duties for life.
Judges, prosecutors and people's policemen who handle cases illegally shall be investigated for responsibility in accordance with relevant laws and regulations.