Criminal investigation is an act in which the national investigation agencies, public security agencies, and procuratorial agencies believe that there are criminal acts that require criminal liability and file a case for investigation.
I will give you a list of surgeries:
Chapter 2 Investigation
[See]
"People's Procuratorate on Criminal Procedure Articles 380-390 of the Provisions
Section 1 General Provisions
Article 89 The basic requirement for investigation work is that the public security organs should investigate criminal cases that have been filed, Collect and obtain evidence proving that the criminal suspect is guilty or innocent, and that the crime is minor or serious. Current offenders or major suspects may be detained in advance in accordance with the law, and criminal suspects who meet the arrest conditions shall be arrested in accordance with the law.
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Articles 170-172 of the procedures for handling criminal cases by public security organs.
Article 90 Pre-trial: After investigation, the public security organs shall conduct pre-trial for cases where there is evidence to prove the facts of the crime, and verify the evidence materials collected and retrieved.
Section 2 Interrogation of Criminal Suspects
Article 91 The subjects of the interrogation must be investigators from the People’s Procuratorate or the public security organ. During the interrogation, the number of investigators shall not be less than two.
[See]
Article 170 of the Procedures for Handling Criminal Cases by Public Security Organs
Article 136 of the Criminal Procedure Rules of the People's Procuratorate
Ninth Article 12 The place and period of interrogation: A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificate of the People's Procuratorate or the public security agency must be presented. .
The maximum duration of subpoenas and subpoenas shall not exceed twelve hours. Criminal suspects shall not be detained in disguised form by means of continuous summons, compulsory summons, etc.
[See]
Articles 173-175 of the procedures for handling criminal cases by public security organs.
Articles 137 and 138 of the Criminal Procedure Rules of the People's Procuratorate.
Article 93 Interrogation Procedure When interrogating a criminal suspect, investigators shall first ask the criminal suspect whether he has committed a crime, let him state his guilt or innocence, and then ask him questions. The criminal suspect shall truthfully answer the investigators' questions. However, we reserve the right to refuse to answer questions that are not relevant to this case.
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Articles 178-181 of the procedures for handling criminal cases by public security organs.
Article 140 of the Criminal Procedure Rules of the People's Procuratorate
Article 94: When interrogating a deaf-mute suspect, someone who is familiar with deaf-mute gestures should participate. And record this clearly.
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Article 182 of the procedures for handling criminal cases by public security organs.
Article 141 of the Criminal Procedure Rules of the People's Procuratorate
Article 95 The interrogation transcript shall be handed over to the criminal suspect for verification. For those who cannot read, it shall be read to the criminal suspect. If there are omissions or errors in the records, the criminal suspect can submit supplements or corrections. After the criminal suspect admits that the transcript is correct, he shall sign or seal it. The investigator should also sign the record. If a criminal suspect requests to write a confession, he shall be allowed to do so. When necessary, investigators may also require criminal suspects to write a confession in person.
[See]
Articles 183-185 of the procedures for handling criminal cases by public security organs.
Articles 142-144 of the Criminal Procedure Rules of the People's Procuratorate.
Article 96: Lawyers’ time and rights: A criminal suspect may hire a lawyer to provide him with legal advice and represent him in appeals and accusations after he is first interrogated by the investigative agency or from the date when compulsory measures are taken. If a criminal suspect is arrested, the hired lawyer can apply for release on bail pending trial. In cases involving state secrets, the criminal suspect's hiring of a lawyer must be approved by the investigative agency.
The entrusted lawyer has the right to learn from the investigation agency about the charges against the criminal suspect, meet with the criminal suspect in custody, and learn from the criminal suspect about the relevant situation.
When lawyers meet with criminal suspects in custody, the investigation agency may send personnel to be present based on the circumstances and needs of the case. Lawyers who meet with criminal suspects in custody in cases involving state secrets must obtain approval from the investigative agency.
[See]
"Several Issues of the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of National Security, Ministry of Justice, and Legal Affairs Committee of the Standing Committee of the National People's Congress on the Implementation of the Criminal Procedure Law Provisions on Issues" Articles 9-12 and 24.
Joint Notice of the Supreme People's Procuratorate and the Ministry of Justice on Carrying out Legal Aid in Criminal Procedures
The Supreme People's Procuratorate's regulations on safeguarding lawyers' practice in criminal proceedings.
Articles 31-39 of the "Standards for Lawyers Handling Criminal Cases"
Articles 145-156 of the Criminal Procedure Rules of the People's Procuratorate.
Articles 35 to 49 and 333 of the "Regulations on Procedures for Handling Criminal Cases by Public Security Organs".
Section 3 Questioning Witnesses
Article 97 Investigators may go to the witness’s unit or residence to question the witness, but must produce certification documents from the People’s Procuratorate or the public security organ. When necessary, witnesses may also be notified to testify at the People's Procuratorate or public security organ.
Examinations of witnesses should be conducted individually.
Article 17 of the Regulations.
Article 188 of the procedures for handling criminal cases by the public security organs
Articles 158 and 159 of the Criminal Procedure Rules of the People's Procuratorate.
Article 98 Procedures for interrogating witnesses When interrogating witnesses, they shall be informed of their legal responsibilities to truthfully provide evidence and testimony and to intentionally commit perjury or conceal criminal evidence.
When questioning a witness under the age of 18, his or her legal representative may be notified to be present.
[See]
Articles 189 and 190 of the procedures for handling criminal cases by public security organs.
Articles 160 and 161 of the Criminal Procedure Rules of the People's Procuratorate.
Article 99 The provisions of Article 95 of this Law also apply to the questioning of witnesses.
Article 100: The Questioning of Victims Law shall apply to the questioning of victims, and the provisions of this section shall apply.
Section 4 Inspection and Inspection
Article 101. Scope of Inspection and Inspection Investigators shall conduct inquests on crime-related places, objects, persons, and corpses ,examine. When necessary, persons with specialized knowledge may be designated or hired to conduct inspections and inspections under the auspices of investigators.
[See]
Article 165 of the Criminal Procedure Rules of the People's Procuratorate
Article 193 of the Procedure for Handling Criminal Cases by the Public Security Bureau.
Article 102: When inspecting a crime scene, any unit or individual is obliged to protect the crime scene and immediately notify the public security organ to send personnel to inspect the crime scene.
Article 103: Investigators must hold inspection and inspection certificates. When conducting inspections and inspections, they must hold certificates from the People's Procuratorate or the public security agency.
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Article 194 of the procedures for handling criminal cases by public security organs.
Article 166 of the Criminal Procedure Rules of the People's Procuratorate
Article 104: For corpses whose cause of death is unknown, the public security organs have the right to decide on the autopsy and notify the deceased's family members to attend.
[See]
Articles 199 and 200 of the procedures for handling criminal cases by public security organs.
Article 168 of the Criminal Procedure Rules of the People's Procuratorate
Article 105: In order to determine certain characteristics, injuries or physiological conditions of the victim or criminal suspect, a physical examination may be conducted Physical examination.
If a criminal suspect refuses to undergo inspection, investigators may conduct a compulsory inspection if they deem it necessary.
Physical examinations of women should be conducted by female staff or doctors.
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Article 198 of the procedures for handling criminal cases by public security organs.
Article 169 of the Criminal Procedure Rules of the People's Procuratorate
Article 106: Inspections and inspections shall be written down and signed or sealed by the participants and witnesses.
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Article 197 of the procedures for handling criminal cases by public security organs.
Article 170 of the Criminal Procedure Rules of the People's Procuratorate
Article 107: When the People's Procuratorate examines a case and deems it necessary, it may request the public security organ to review or review the case, and may send prosecutors join.
Article 108: In order to ascertain the facts of a case, when necessary, investigation experiments may be conducted with the approval of the director of public security.
During investigations and experiments, any dangerous, insulting or unethical behavior is prohibited.
[See]
Articles 202 to 204 of the "Procedure Regulations for Public Security Organs in Handling Criminal Cases".
Articles 171-173 of the Criminal Procedure Rules of the People's Procuratorate.
Section 5 Search
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Articles 181-185 of the Criminal Procedure Rules of the People’s Procuratorate.
Article 109: In order to collect criminal evidence and capture criminals, investigators may search the bodies, belongings, residences and other relevant places of criminal suspects and people who may hide criminals or criminal evidence. Conduct a search.
Article 110: Any unit or individual is obliged to hand over physical evidence, documentary evidence, and audio-visual materials that can prove the guilt or innocence of a criminal suspect at the request of the People's Procuratorate and the public security organ.
[See]
Article 12 of the "Regulations of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the State Administration for Industry and Commerce on the Investigation and Handling of Cases of theft and Robbery of Motor Vehicles in accordance with the Law."
Article 111 The person being searched must produce a search warrant.
When arresting or detaining someone, a search may be conducted without a search warrant in an emergency.
[See]
Articles 206 and 207 of the "Procedural Regulations on the Handling of Criminal Cases by Public Security Organs".
Articles 178 and 179 of the Criminal Procedure Rules of the People’s Procuratorate.
Article 112 During the search, the person being searched or his family members, neighbors or other witnesses shall be present.
Searching women’s bodies should be conducted by female staff.
Article 113: The record of the search shall be written in a written record, signed or sealed by the investigators and the person being searched or his family members, neighbors or other witnesses. If the person being searched or his family members are at large or refuse to sign or seal, it shall be noted in the transcript.
Section 6: Seizure of Physical Evidence and Documentary Evidence
Article 114: The scope of seizure of physical evidence and documentary evidence can prove the guilt or innocence of the criminal suspect if it is discovered during the inspection or search. Various items and documents related to the crime shall be seized; items and documents unrelated to the case shall not be seized.
The seized items and documents shall be properly kept or sealed and shall not be used or destroyed.
[See]
Articles 2-8, 11, and 14 of the "Provisions on the Management of Seizure and Freezing of Money and Property by the People's Procuratorate".
Articles 210-212 of the procedures for handling criminal cases by public security organs.
Article 189 of the Criminal Procedure Rules of the People's Procuratorate
Article 115: The seized items and documents shall be verified with the witnesses present and the holder of the seized items Clearly, make a list in duplicate on the spot, signed or stamped by the investigators, witnesses and the holder. One copy should be handed over to the holder and one for future reference.
[See]
Articles 213 and 214 of the "Procedural Regulations on the Handling of Criminal Cases by Public Security Organs".
Articles 190 and 191 of the Criminal Procedure Rules of the People's Procuratorate.
Article 116. Seizure of mails and telegrams When investigators believe it is necessary to seize mails and telegrams belonging to criminal suspects, they may, with the approval of the public security organ or the People's Procuratorate, notify the postal and telecommunications authorities to hand over the relevant mails and telegrams for inspection and seizure.
When the detention is no longer necessary, the postal and telecommunications authorities should be notified immediately.
[See]
Articles 215 and 216 of the "Procedural Regulations on the Handling of Criminal Cases by Public Security Organs".
Article 192 of the Criminal Procedure Rules of the People's Procuratorate
Article 117 The People's Procuratorate and the public security organs may inquire and freeze the deposits and deposits of criminal suspects based on the needs of investigating crimes. money transfer.
If the criminal suspect’s deposits and remittances have been frozen, they shall not be frozen again.
[See]
Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the Legal Committee of the Standing Committee of the National People's Congress on several issues regarding the implementation of the Criminal Procedure Law Article 19.
Notices from the People's Bank of China, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on the inquiry, freezing, and deduction of bank deposits of enterprises, institutions, government agencies, and groups.
Articles 224 to 232 of the procedures for handling criminal cases by public security organs.
Articles 194-198 of the Criminal Procedure Rules of the People's Procuratorate.
Article 118: If it is found that the seized items, documents, mails, telegrams or frozen deposits or remittances are indeed irrelevant to the case, the seizure or freezing shall be lifted within three days and returned to the original owner. Or the original post and telecommunications agency.
[See]
Articles 24-30 of the "Regulations on the Management of Seizure and Freezing of Money and Property by the People's Procuratorate".
Section 7 Identification
Article 119: In order to ascertain the facts of a case and it is necessary to solve a specialized issue in the case, a person with specialized knowledge shall be designated and hired to carry out the investigation. identification.
Article 3 to Article 236.
Articles 199 and 200 of the Criminal Procedure Rules of the People's Procuratorate.
Article 120 After the appraisal is completed, the appraiser shall write down the appraisal conclusion and sign it.
If the medical appraisal of personal injury is controversial and needs to be re-evaluated, or the medical appraisal of mental illness shall be conducted by a hospital designated by the Provincial People's Government. After the appraisal is completed, the appraiser should write down the appraisal conclusion, which should be signed by the appraiser and stamped with the official seal of the hospital.
If the appraiser intentionally makes a false appraisal, he shall bear legal liability.
Article 18 of the Regulations.
Articles 237 to 240 and 244 of the "Procedural Regulations on the Handling of Criminal Cases by Public Security Organs".
Articles 201-204 and 207 of the "Criminal Procedure Rules of the People's Procuratorate"
Article 121: Notification of appraisal conclusions and objections The investigative agency shall use the appraisal results as evidence Inform criminal suspects and victims of the conclusion. If the criminal suspect or victim applies, supplementary identification or re-identification may be made.
[See]
Articles 241 and 242 of the "Procedural Regulations on the Handling of Criminal Cases by Public Security Organs".
Articles 205 and 206 of the Criminal Procedure Law of the People's Procuratorate
Article 122 During the period of psychiatric evaluation, the period for psychiatric evaluation of the criminal suspect shall not be counted. Deadline for entry into the case.
[See]
"Several Issues in the Implementation of the Criminal Procedure Law of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the Legal Committee of the Standing Committee of the National People's Congress Article 33 of the Provisions.
Article 245 of the Procedural Regulations of Public Security Organs in Handling Criminal Cases
Section 8 Wanted
Article 123 Wanted If a criminal suspect who should be arrested is at large, the public security organs may issue a wanted warrant and take effective measures to pursue him and bring him to justice.
Public security organs at all levels can directly issue arrest warrants within their jurisdiction; if they exceed the scope of their jurisdiction, they should report it to the higher-level agency that has the power to decide on the announcement.
[See]
Articles 252-260 of the "Procedural Regulations on the Handling of Criminal Cases by Public Security Organs".
Articles 216-220 of the Criminal Procedure Rules of the People's Procuratorate
Section 9 Termination of Investigation
Article 124 After arresting a criminal suspect, The period of investigation and detention shall generally not exceed two months. If the case is complex and cannot be concluded within the time limit, it may be extended by one month with the approval of the People's Procuratorate at the next higher level.
[See]
"Several Issues of the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of National Security, Ministry of Justice, and Legal Affairs Committee of the Standing Committee of the National People's Congress on the Implementation of the Criminal Procedure Law Provisions on Issues" Articles 30 and 31.
Articles 221, 225 and 226 of the Criminal Procedure Rules of the People's Procuratorate.
Article 125: Due to special reasons, a longer period of special investigation detention period is not suitable for the trial of particularly major and complex cases. The Supreme People's Procuratorate shall submit a request to the NPC Standing Committee for approval to postpone the trial.
[See]
"Several Issues in the Implementation of the Criminal Procedure Law of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the Legal Committee of the Standing Committee of the National People's Congress Article 30 of the Provisions.
Article 126. The period of investigation and detention of major and complex cases. If the investigation cannot be terminated by the expiration of the period specified in Article 124 of this Law, it shall be subject to the approval or decision of the People's Procuratorate of the province, autonomous region, or municipality directly under the Central Government. , can be extended by two months:
(1) Major and complex cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complex cases of migrant crime;
(4) Major and complex cases involving a wide range of areas and difficult to obtain evidence.
[See]
"Several Issues of the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of National Security, Ministry of Justice, and Legal Affairs Committee of the Standing Committee of the National People's Congress on the Implementation of the Criminal Procedure Law Provisions on Issues" Articles 30 and 31.
Article 222 of the Criminal Procedure Law of the People's Procuratorate
Article 128 of the procedures for handling criminal cases by public security organs
Article 127. The period of investigation and detention for serious cases may impose penalties of more than 10 years in prison on criminal suspects. If the investigation cannot be terminated upon expiration of the extension period in accordance with the provisions of Article 126 of this Law, it may be extended for another two months with the approval or decision of the People's Procuratorate of the province, autonomous region, or municipality directly under the Central Government.
[See]
"Several Issues of the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of National Security, Ministry of Justice, and Legal Affairs Committee of the Standing Committee of the National People's Congress on the Implementation of the Criminal Procedure Law Provisions on Issues" Articles 30, 31, and 33.
Article 223 of the Criminal Procedure Law of the People's Procuratorate
Article 129 of the procedures for handling criminal cases by public security organs.
Article 128 Recalculation of the period of investigation and detention. If it is discovered during the investigation that the criminal suspect has committed other important criminal acts, the period of investigation and detention shall be recalculated in accordance with the provisions of Article 124 of this Law from the date of discovery.
If a criminal suspect does not tell his true name or address and his identity is unknown, the period of investigation and detention shall be calculated from the date when his identity is found out, but the investigation and evidence collection of his criminal behavior will not be stopped. If the criminal facts are clear and the evidence is reliable and sufficient, the person may also be transferred to the People's Procuratorate for review and prosecution based on his or her self-reported name.
[See]
"Several Issues in the Implementation of the Criminal Procedure Law of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the Legal Committee of the Standing Committee of the National People's Congress "Provisions" Article 32.
Articles 228-231 of the Criminal Procedure Rules of the People's Procuratorate
Article 129. Conditions and procedures for the termination of investigation When the public security organs terminate the investigation of a case, they shall ensure that the criminal facts are clear, If the evidence is reliable and sufficient, a prosecution opinion will be written, and the case file materials and evidence will be transferred to the People's Procuratorate at the same level for review and decision.
[See]
"Several Issues in the Implementation of the Criminal Procedure Law of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the Legal Committee of the Standing Committee of the National People's Congress "Provisions" Article 34.
Articles 234-236 of the Criminal Procedure Law of the People's Procuratorate
Article 130: During the investigation process, if it is found that the criminal suspect should not be held criminally responsible, the case shall be revoked case. Criminal suspects who have been arrested should be released immediately, issued with a release certificate, and the People's Procuratorate that originally approved the arrest should be notified.
[See]
Articles 237-243 of the Criminal Procedure Law of the People's Procuratorate
Procedure Regulations for the Handling of Criminal Cases by Public Security Organs, Article 260 Eight articles
Lawyer Cao Jingjie, Zhengzhou, Henan