When being questioned, the interviewee can only be present by himself, and no one else can accompany him. Because the company of others will affect the psychology of the person being questioned, and the inquiry involves personal privacy issues.
Can the police apply for a lawyer to be present when they ask for a statement? In principle, they can't. However, at present, it is stipulated that more than two policemen must be present and videotaped.
In addition, the new judicial interpretation introduces the principle of "no doubt", which fundamentally protects the personal rights and interests of the parties.
There is no doubt about a crime, which means that in criminal proceedings, if the criminal facts of a criminal suspect are unclear, the evidence is inaccurate and insufficient, and criminal responsibility should not be investigated, the procuratorial organ shall make a decision not to prosecute.
Article 173 of the Criminal Procedure Law If a criminal suspect has no criminal facts, or has one of the circumstances specified in Article 15 of this Law, the people's procuratorate shall make a decision not to prosecute.
What if the interrogated person doesn't sign the interrogation record? If the interrogator signs the transcript, it means that the interrogated person does not want to sign and is looking for a witness to sign. This transcript is equally valid.
On the signature of the interrogated person in the interrogation record. Stamping is a habit left by China citizens in their traditional life, which has been absorbed by many laws in legislation. However, stamping has many disadvantages, and it is direct and reliable without signature or fingerprint. Stamps may be eliminated in future legislation.
But at present, signatures, seals or fingerprints have the same legal effect. But I prefer signing or fingerprinting, which can reduce unnecessary disputes.
Whether the interrogated person can take photos of the interrogation record is possible, but it is not necessary. The contents and amendments of the record must be signed by the interviewee for confirmation.
Can I print the transcripts of inquiry and on-site inspection? The record of inquiry and the record of on-site inspection belong to evidence, and the contents can be handwritten or printed, but the signatures of the parties, recorders and witnesses must be handwritten and pressed by handprints.
When writing the interrogation record, must the interrogators be two people? The law stipulates that there shall be no less than two people, and it is stipulated in both administrative cases and criminal cases that one interrogation and one record shall be made.
Criminal procedure law
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.
I'm sorry I went home for the Spring Festival the other day and didn't surf the Internet. The question you said is not easy to answer. I answered the question about the inquiry procedure clearly last time. If you ask the content of the inquiry, different situations have different questions. I can't go into too much detail. If not, you can go to the bookstore to sell a book about public security organs' official documents and practical writing, which is quite specific.
The record of public security administrative inquiry must be whether the person being questioned is alone. If a party refuses to make an inquiry record, as long as the evidence is sufficient, it can make a decision on administrative punishment, without affecting the prior notice of administrative punishment.
According to Article 37 of the Administrative Punishment Law of the People's Republic of China, when an administrative law enforcement officer conducts an investigation or inspection, "the party concerned or the relevant personnel shall truthfully answer the inquiry, assist in the investigation or inspection, and shall not obstruct it. A record shall be made for the inquiry or inspection. " As one of the types of evidence, the record of on-site inspection and interrogation depends on whether the procedures and methods for collecting evidence comply with the law.
According to the provisions of the Administrative Punishment Law, "when an administrative organ conducts an investigation or inspection, there shall be no less than two law enforcement personnel, and they shall show their certificates to the parties or relevant personnel." Therefore, at least two law enforcement officers should be present when questioning the parties. If a party refuses to sign the inquiry record, law enforcement officers shall record the refusal in detail and explain whether the party refuses to sign because the record is untrue or because it does not cooperate with law enforcement. If someone other than the client is present, he can witness that the client refuses to sign, which can enhance the probative force of the inquiry record. If there is really no witness present, then it is enough to state only the refusal of the parties. If the parties refuse to sign the inquiry record, the administrative organ may submit it as evidence in the lawsuit, but its probative force will be greatly reduced. Sometimes the parties will deny the facts recorded in the transcript that they have admitted. In this case, other evidence is needed to prove it.
Therefore, law enforcers should not only rely on interrogation transcripts, but also collect evidence in an all-round way. Documentary evidence, physical evidence, audio-visual materials, on-site inspection records, and inspection records confirm each other, and it is difficult for illegal parties to deny the facts that have happened. It is difficult to be accepted by the court in the lawsuit if there is only an unsigned inquiry record of the on-site personnel and there is no other evidence to prove it.
There are many types of how to fill in interrogation transcripts, generally criminal cases and administrative cases. The transcripts of criminal cases and administrative cases can be filled in: criminal suspects, illegal parties, victims, witnesses, etc.