The principle of on-site visit

Classification of investigation: On-the-spot investigation in criminal proceedings refers to the on-the-spot investigation and visit of relevant personnel conducted by investigators in accordance with the law in order to find out the case, collect evidence, expose and confirm the criminals. On-site visit is an important part of on-site investigation, which is carried out at the same time as on-site inspection. The objects of on-site interview include victims and witnesses. First, the methods of finding witnesses mainly include: 1. Looking for witnesses from people on the scene; 2. Look for people who live, work and stay near the site; 3, from the way to the scene of the people looking for; 4. Look for people who live, work and stay on the suspect's route to and from the scene. Contents of on-site interview: (1) About the occurrence of the case, the contents of on-site interview include: 1. Physical characteristics of criminals, such as gender, age, height, posture, appearance, clothing, accent and action announcement. 2, the first person to find the case, the time and place of the case, the original state and changes of the scene. 3, the number of criminals and the crime. 4. How did the criminals enter the scene, where they have been, and whether they are familiar with the scene? 5. The time, direction, route and means of transportation used by criminals to escape from the scene. 6. What suspicious people are there before and after the incident? Who has an interest in the case? 7, the masses of the case. (2) About the robbed and destroyed property, the on-site interview contents include: 1. The type, name, brand, quantity, weight, volume and value of the property, as well as the characteristics formed in the process of production, use and repair. 2, the source of property, storage and scope of knowledge. 3. Whether the criminal is familiar with the property storage, whether he asks for things by name or what he wants, whether he goes straight to the crime target or rummaging around. 4. If the unit is stolen internally, ask about the property storage, the guards on duty, and whether there are surveillance videos and alarm facilities. And the performance of the relevant personnel before and after the incident. (3) With regard to the things left behind at the scene, the interview contents include: 1. For the suspicious things found at the scene (such as screwdrivers, cigarette butts, lighters, tire tracks, footprints and blood stains), ask which ones are original, which ones are new after the crime, and which ones are left behind by the victims and irrelevant people. 2. For suspicious objects found at the scene, ask about the time, place, state, attached substances and their relationship with cases and criminal activities. 3. For suspicious objects found on site, we should visit professionals and experienced people in time to determine their types, names, uses, production years, manufacturers, sales scope and characteristics. For example, from the cigarette butts left at the scene, it was found that the cigarettes of this brand were produced in Anhui and only sold in Anhui, and the suspect was quickly locked in Anhui. Pig manure was found on the footprints left by the scene, and the suspect was quickly locked from the pig farm. (4) The information about the victim shall include: 1. Natural information: name, age, occupation and address. 2. Experience: moral character, style, bad habits, illegal and criminal activities. 3. Property: economic income, presence of valuables, continuation, and debt. 4. Physical condition: whether there are serious disabilities, diseases, physical defects, mental normality and stupidity. 5. Environmental conditions; Who has a conflict of interest with, the time, reason and process of the conflict. The whereabouts and performance before the murder, whether there are factors such as world-weariness and suicide. (5) The principle of on-site visit: 1. Ensure that a person who is related to the case and knows the situation of the case has objective and sufficient conditions to provide evidence. 2. Inform the interviewee that he should provide truthful testimony, and be liable for intentionally perjury or concealing criminal evidence. 3. It is strictly forbidden to extort confessions by torture or collect evidence by threats, enticements, deception or other illegal methods. 4. Respect the personal dignity of the person being questioned and the litigation rights enjoyed according to law. Third, the inquiry record: (1), usually divided into three parts. 1. The starting and ending time and place of the initial inquiry, the name of the inquirer, the name, age, education level, work unit, position and address of the inquired person. 2. The fact statement part records the details of the facts stated by the victims and witnesses, as well as some explanations, such as the source of the materials, who else is here or knows, and the opinions of the interviewee. 3, the end of the part of the person being asked to check the record; Signature or seal of the person questioned; Signature or seal of the inquirer. On-the-spot interview is not a lawyer's business scope, nor does it belong to the scope stipulated in the Criminal Procedure Law. It belongs to the scope of Criminal Investigation and is closely related to criminal proceedings. Lawyers understand the rules of on-site visit in order to better defend the defendant. (2) The task for lawyers to read interrogation transcripts is: 1. Find out the contradictions from the statements of victims and witnesses and expose the lies. 2. Understand whether there are any important plots that are beneficial to the defendant. 3. Understand whether the statements of victims and witnesses are made under threat, deception or inducement, and whether they are illegal evidence. 4. Check whether the time and place of interrogation are legal, whether there are signatures of inquirers and interviewees, and whether there are forgeries. Lawyers often encounter several interrogation transcripts with the same questioner, the same time, different interviewees and different interrogation places. This kind of evidence is obviously forged and inferior. Source: Internet