What is the on-site search in the Criminal Procedure Law?

First of all, both on-site investigation and search are within the scope of jurisdiction of the judicial organs. Whether the two should be carried out simultaneously needs to be decided by the judicial organs based on the needs of the case. There is no illegal problem. However, the parties should note that searches are directly related to citizens’ personal freedom and the right to inviolability of their homes. Therefore, my country has strict regulations on search procedures. According to the provisions of my country's Criminal Procedure Law, searches can only be conducted by investigators from the public security organs or the People's Procuratorate, and must be conducted in strict accordance with the procedures prescribed by law. However, a search warrant is not required in all circumstances to conduct a search.

Article 111 of China's "Criminal Procedure Law" stipulates: "When conducting a search, a search warrant must be presented to the person being searched." During the process of arrest and detention, if the situation is urgent, a search may be conducted without presenting a search warrant."

Article 207 of the "Procedural Regulations for the Handling of Criminal Cases by Public Security Organs" specifically stipulates:

(1) May carry weapons;

(2) May hide explosives, poisons and other dangerous items;

(3) May hide, destroy or transfer

(4) Possible hiding of other criminal suspects

(5) Other emergencies

In the above emergency situations, If, under these emergency circumstances, a citizen refuses to search without a warrant or refuses to search for other reasons, and certain consequences result, the citizen's behavior is illegal and constitutes obstruction of official duties.

Secondly, regarding the transcripts and records of the items involved in the case, the staff will handle it in accordance with the law. The parties should know that after the staff gives the transcripts to the parties for verification, the recorder should let the person being questioned see or show it. If there are any discrepancies in the transcript, the person being questioned should write on the transcript that "the above transcript has been read by me (or read to me) and there are no discrepancies."

Source link from Nanning Lawyers Network

The above is a detailed introduction to the on-site search in the Criminal Procedure Law. Through reading the above content, we know that on-site search is directly related to the personal freedom of citizens. and the right to inviolability of the home. Therefore, there are strict regulations on this procedure, and it can only be conducted by relevant investigators of the People’s Procuratorate or investigators of the public security agency, and not all cases must produce a search warrant.