The person who reported the case is not required to record a statement from the defendant

Updated on society 2024-03-16
7 answers
  1. Anonymous users2024-02-06

    According to the law enforcement rules of the Public Security Bureau. As long as the case is reported, the police will arrest the defendant, and after the arrest, they will make a confession and a record. When the case is withdrawn or resolved, the transcript will be torn up and the confession will be deleted.

    Legal analysisAccording to the relevant laws and regulations, the recording of a confession has nothing to do with the withdrawal of the case, making a record is necessary for investigation and evidence collection, and the withdrawal of the case does not constitute a crime. Interrogation of a criminal suspect refers to an investigative act in which investigators inquire into the facts of the case and other circumstances related to the case by means of words to the criminal suspect in accordance with legal procedures. Withdrawal of a case refers to a case in which the public security organ discovers that there are certain statutory circumstances in a case that has been filed and investigated, or that the litigation conduct taken on the basis of the original case filing has been denied after investigation.

    In withdrawing a case, the public security organ shall report to the higher-level leader for review and approval, and then write a report on the withdrawal of the case. In handling criminal cases that are directly accepted for investigation, procuratorial organs may decide to withdraw defendants who should not be pursued for criminal responsibility in accordance with law. In cases where a decision is made to withdraw the case, a written decision to withdraw the case shall be drafted.

    In cases where a decision is made to withdraw the case, the public security organ shall write a notice of withdrawal and report it to the procuratorate. After the case is withdrawn, it is generally fine. However, the original records made by the public security organs cannot be erased.

    After a certain number of years, some localities stipulate two years, while others stipulate five years, and if the parties do not commit another crime, the original records will be cleaned up and destroyed.

    Legal basisProvisions on Procedures for the Handling of Criminal Cases by Public Security Organs》 Article 175: In cases where upon review it is found that there are facts of a crime, but are not within one's own jurisdiction, it shall be immediately reported to the responsible person at a public security organ at the county level or above for approval, a notice of transfer of the case shall be drafted, and the case shall be transferred to an organ with jurisdiction for handling within 24 hours, and the person who turned it in, the person who reported the case, the person who made the accusation, or the person who reported it was notified. Where it is not within one's own jurisdiction and it is necessary to employ emergency measures, the emergency measures shall be taken first, and then formalities shall be completed and transferred to the competent organs. Where matters that are not within the scope of the public security organs' duties can be judged on the spot when receiving a report, the person who turned it in, the person who reported it, the accuser, or the informant shall be immediately and orally informed to report the case to other competent organs.

    Where there are repeated reports, or the case is being handled or has already been completed, an explanation shall be given to the person who turned it in, the person who reported the case, the accuser, or the informant, and it is no longer to be registered, except where there are new facts or evidence.

  2. Anonymous users2024-02-05

    Hello, according to the law enforcement rules of the Public Security Bureau. As long as you report the case, the police will arrest the defendant, and after you are caught, they will make a confession and a record. When you withdraw the case or solve the problem, the transcript will be torn up and the confession will be deleted.

    If a case has been filed, the police will file it. If you ask for revocation, the police will not be expensive to revoke it. Anyway:

    If the case is not filed, it will be revoked, and the case will be archived. Even if you are a victim and ask for the deletion of the record, ** will not listen to you. This is because the police have the right to retain information about the case filed in accordance with the requirements of the law.

    Otherwise, how will the police know if you are a first-time offender or a repeat offender.

  3. Anonymous users2024-02-04

    Because after the police are called, the two parties will solve it privately, and they must call the police station in time, and then take the agreement to the police station to close the case, otherwise the police station will be punished according to law after completing the procedure.

  4. Anonymous users2024-02-03

    A confession was recorded at the police station, and if the case was not filed, there was no need to withdraw the case, of course, it could be solved in private, and the confession was recorded, just to make an understanding of the incident.

  5. Anonymous users2024-02-02

    If the nature of the matter itself is not enough for a criminal case, you can just go and talk to the police who handle the case, and if it is enough to solve the criminal case, you will also file the case as usual.

    Whether or not to withdraw a case depends on whether the case is a public prosecution case or a public security administration case, and if it is a public prosecution case, even if it is resolved privately, criminal responsibility must be pursued. If it is a quality public security management case under the Public Security Administration Punishment Law, the two parties will generally not be punished if they have a private chat. It is necessary to analyze specific problems on a case-by-case basis.

  6. Anonymous users2024-02-01

    Summary. Hello dear for your question, oh <>

    Can a case be withdrawn after a confession has been recorded, yes, it has nothing to do with the withdrawal of the case after the confession is recorded, making a record is necessary for investigation and evidence collection, and withdrawing the case does not constitute a crime.

    Can I withdraw the case after recording a confession?

    Hello dear, it's a pleasure to make oranges for you, oh <>

    Can the case be withdrawn after recording a confession, it can be taken with nonsense, it has nothing to do with withdrawing the case after recording the confession, making a record is a need for investigation and evidence collection, and withdrawing the case is stupid and does not constitute a crime.

    According to the analysis of China's laws, Article 15 of the Criminal Law stipulates: "In any of the following circumstances, criminal responsibility shall not be pursued, and if the case has already been investigated, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted." (1) The circumstances are obviously minor, the harm is not great, and the digging is not considered a crime; (2) The statute of limitations for prosecution has expired; (3) the penalty is waived by a special amnesty order; (4) Crimes that are handled only after a complaint is made in accordance with the Criminal Law, and the complaint is not made or the complaint is withdrawn; (5) The criminal suspect or defendant is deceased; (6) Other laws provide exemption from criminal liability.

    Article 117 of the Criminal Procedure Law provides that a criminal suspect who does not need to be arrested or detained may be summoned to a designated location in the city or county where the criminal suspect is located or to his residence for interrogation, but the supporting documents of the people's procuratorate or public security organ shall be presented. Criminal suspects discovered at the scene may be summoned orally upon presentation of their work identification, but this shall be noted in the interrogation record. The duration of the summons or custodial summons must not exceed 12 hours; Where the circumstances of the case are especially major or complex, and it is necessary to employ measures of detention or arrest, the duration of the summons or custodial summons must not exceed 24 hours.

    Criminal suspects must not be covertly detained in the form of continuous summons or custodial summonses. Where a criminal suspect is summoned or custodial for sale, the sentence shall be given to ensure that the criminal suspect is fed and has the necessary time to rest.

  7. Anonymous users2024-01-31

    1. Confessions recorded in the public security bureau cannot be modified, and even confessions that are overturned in accordance with the law must be archived for inquiry. 2. If the parties make mistakes or mistakes when recording the confession, they can report to ** to make a supplementary record. 3. If the record has infringed on the rights and interests of the parties, it can be overturned in accordance with the law, that is, it will not be recognized by the judicial organs.

    For administrative punishment decisions made by public security organs, they may apply for reconsideration of the illegality of the confession. In the case of a public prosecution, it may be raised at the time of the trial in the court. Which round of the town Li coarse.

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