There are two kinds of transcripts, one is interrogation transcripts, and the other is interrogation transcripts.
The interrogation record is mainly aimed at illegal suspects or witnesses, victims, etc. The interrogation record is only for criminal suspects.
Two kinds of transcripts were questioned by two police officers (or witnesses, victims, etc.). ). First, you should show your police officer's card, introduce your identity, and inform the interviewee of the litigation rights and obligations of the witness or the criminal suspect, then ask questions and ask the criminal suspect to answer them. Record the whole thing on paper in the form of question and answer, and then give it to the person being questioned or interrogated to see if it is consistent with what he said. If the person being questioned or the person being questioned has no objection, he/she shall sign at the place "I have read the above record and it is consistent with what I said" and press his/her handprint, and then the police handling the case shall sign it separately.
First, how to deal with the police after recording the confession?
The police took someone to take a statement and never came back. It should be that the party concerned was detained by the public security organ on suspicion of breaking the law. If economic conditions permit, it is recommended to hire a lawyer to intervene and safeguard the legitimate rights and interests of the parties.
As legal experts, lawyers provide legal aid to clients, so that citizens and social organizations can use legal weapons to protect their legitimate rights and interests from illegal infringement (including public power infringement), thus realizing the restriction and balance of civil rights on state power. An oral statement made by a criminal defendant on his alleged criminal acts (including exposing others).
In China, the public security and judicial organs must adhere to the principles of seeking truth from facts, emphasizing evidence, emphasizing investigation and research, and not trusting confessions. The confession can only be used as evidence if it is verified. If there is only a confession and no other evidence, the defendant cannot be found guilty; If there is no confession and the evidence is indeed sufficient, the defendant can be found guilty.
Two, the contents of the transcript include
1, for a brief introduction. Record the time and place of inquiry, the name and work unit of the inquirer and recorder, and the name, gender, age, home address and work unit of the inquired person. If there are other people present at the inquiry, it shall also be recorded.
2. Ask about the content. Record the testimony provided by the interviewee.
3. Check the transcripts. After the inquiry, the interviewee should read the recorder's records, and if there is any discrepancy, he should be allowed to correct it. After confirmation, the interviewee should write the words "I have read the above record (or read it to me) and there is no discrepancy" on the record.
4. Relevant personnel shall sign in turn.
legal ground
Article 120 of the Criminal Procedure Law of People's Republic of China (PRC) * * * When interrogating a criminal suspect, investigators should first ask whether the criminal suspect has committed a crime, let him state the circumstances of guilt or innocence, and then ask him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case.
When interrogating a criminal suspect, investigators should inform the criminal suspect of his litigation rights and truthfully confess the legal provisions that his crime can be dealt with leniently and pleaded guilty and given a lighter punishment.
Article 122 The interrogation record shall be checked by the criminal suspect, and read to him if he can't read. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. The criminal suspect shall sign or seal his name after admitting that it is correct in the record. Investigators should also sign the records. If a criminal suspect asks to write a confession himself, it shall be allowed. When necessary, investigators may also ask the criminal suspect to write a confession in person.
Article 9 of the People's Police Law of the People's Republic of China In order to maintain social order, the people's police of public security organs may interrogate and inspect the persons suspected of violating the law and committing crimes on the spot upon showing corresponding certificates; After cross-examination and inspection, in any of the following circumstances, with the approval of the public security organ, it may be taken to the public security organ for further cross-examination:
(1) Accused of a criminal act;
(2) Being suspected of committing a crime on the spot;
(3) Having an unidentified suspect;
(4) The articles carried may be stolen goods.
The detention time shall not exceed 24 hours from the time when the interrogated person is taken to the public security organ. Under special circumstances, with the approval of the public security organ at or above the county level, it may be extended to 48 hours, and the interrogation record shall be kept. If the cross-examination is approved to continue, it shall immediately notify the family members or the unit to which it belongs. If the interrogation is not approved, the interrogated person shall be released immediately.
After continuing interrogation, if the public security organ considers it necessary to take detention or other compulsory measures against the interrogated person according to law, it shall make a decision within the time limit specified in the preceding paragraph; If the above decision cannot be made within the time limit specified in the preceding paragraph, the interrogated person shall be released immediately.