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Our laws do not oblige citizens to testify, but testifying is an obligation for citizens, and only perjury will involve accountability. The disadvantage should only arise between you and the person concerned and your work unit (because it is a salary dispute), and you will not be sentenced anyway... As for who is right and wrong in this matter, it depends on how much merit you have and your determination to uphold justice...
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Although you have recorded a statement and put your fingerprint on it, but you have not been detained, is there a fine? Have you ever received the "Political Trial Can Be Passed You go to the police station and have nothing to do?"
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No, since the statement has been recorded, it is necessary to testify and speak according to the statement.
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Legal analysis: The process of recording a confession includes summoning the parties, interrogating at the police station, recording, and finally signing.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 156: The period of detention for criminal suspects after arrest must not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.
Article 157:In particularly major and complicated cases that are not suitable for trial for a longer period of time due to special reasons, the Supreme People's Procuratorate is to report to the Standing Committee of the National People's Congress for approval of an extension of trial.
Article 158:The period of investigative detention in major and complex cases.
In the following cases, where the investigation cannot be concluded at the completion of the time limit provided for in article 156 of this Law, an extension of two months may be granted upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate: (1) Major and complex cases in remote areas where transportation is very inconvenient; (2) Major criminal group cases; (3) Major and complex cases of wandering crimes; (4) Major and complex cases in which the crime involves a wide range of areas and it is difficult to collect evidence.
Article 159:Where a criminal suspect might be sentenced to 10 years imprisonment or more, and the extension period is completed in accordance with article 158 of this Law, but the investigation cannot be concluded, it may be extended for another two months upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate.
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After the police station records a statement, it will be dealt with by Shihesanmo, which depends on the specific situation. If there is no criminal fact, then the confession will be released immediately; If there are criminal facts or evidence to prove that the criminal suspect has committed a crime, then compulsory measures such as detention or arrest will be taken.
Characteristics of the transcript:
The characteristics of the transcript reflect the special requirements for producing the transcript.
1) Authenticity of content.
It is necessary to record truthfully, and strive to be objective, truthful, concrete, and complete. The content must be a reflection of the objective situation and must not contain the opinion of the recorder. In order to ensure the authenticity of the record, after the record is made, it shall be checked by the relevant personnel, and the relevant personnel shall sign an opinion, sign, affix a seal, or leave a fingerprint at the end of the record.
The transcript should be concise and clear and neat.
2) Legality of production.
It should be made in accordance with the law and the necessary legal formalities should be performed. If it is made by a statutory person, and signed or sealed by relevant personnel, including the participants in the legal activity and the person recording it.
3) Unity of form.
Although there are many types of transcripts, all transcripts are recorded on paper in accordance with the prescribed specifications, and cannot use words other than those stipulated in the lease and return regulations, let alone shorthand symbols, pinyin characters, and graphic symbols. As for the use of audio and video recordings and other scientific and technological means, they can only be used as auxiliary materials for transcripts, but they cannot replace transcripts.
4) The temporality of the record.
Transcripts are generally required to be made in one lump sum, beginning at the beginning of a judicial activity and ending at the end of that judicial activity.
Legal basis
Article 91 of the Criminal Procedure Law.
Where the public security organs find that it is necessary to arrest a detained person, they shall request that the people's procuratorate review and approve it within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. For major suspects who are on the run to commit crimes, commit crimes multiple times, or commit crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.
The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organ. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. For those who need to continue the investigation and meet the requirements for release on guarantee pending further investigation or residential surveillance, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
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Legal Analysis: No, the public security department will have to go through a review after taking a confession to determine whether it meets the criteria for filing a case.
Legal basis: Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs
Article 166: Public security organs shall immediately accept citizens' surrenders, reports, accusations, or reports, or where criminal suspects voluntarily surrender, ask about the circumstances, and make a record, and after verifying that they are correct, have the person who turned them in, the person who reported the case, the accuser, the informant, or the person who voluntarily surrendered sign and leave a fingerprint. When necessary, an audio or video recording shall be made.
Article 175:Where, after accepting a case, public security organs find upon review that there are facts of a crime that need to be pursued for criminal responsibility and that they are within their jurisdiction, they are to file the case with the approval of the responsible person at the public security organ at the county level or above; Where it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law, the case is not to be filed with the approval of the responsible person at a public security organ at the county level or above.
In criminal cases, the verdict shall be announced within 2 months of acceptance, and must not exceed 3 months at the latest. Public security cases must not exceed 30 days from the date of acceptance, and may be extended for 30 days with the approval of the public security organ at the level above if the case is major or complicated.
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Legal Analysis:1If it is a record of interrogation, then it is a record made by the public security organ against the insider or victim, and it will not have an impact. If it is an interrogation record, then it is a record conducted by the public security organs against the criminal suspect, and that is influential.
2.A transcript is a written record of the detailed identities and words of witnesses, suspects, or eyewitnesses. The record is only a part of the case file, and is to be signed and confirmed by the person being questioned and put into the file, and if it is not put into the file of the person being questioned, it will not have an impact on the person being questioned, and if it is found to be a violation or crime based on the record, it will be included in the file and have an impact.
Legal basis: Article 119 of the Criminal Procedure Law of the People's Republic of China Where a criminal suspect does not need to be arrested or detained, he 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. Suspects found 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, and where the circumstances are particularly serious or complicated, 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 detained in disguised form in the form of continuous summons or custodial summonses. When summoning or custodial summons, the criminal suspect's diet and necessary rest time shall be ensured.
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Legal Analysis: Where it is necessary to summon a person who violated the administration of public security to be investigated, a summons warrant is to be used to summon him with the approval of the person in charge of the public security organ's case-handling department. The people's police may orally summon violators of the administration of public security who are discovered at the scene upon presentation of their work identification, but this shall be noted in the interrogation record.
The public security organs shall inform the summoned person of the reasons and basis for the summons. For those who do not accept the summons without a legitimate reason or evade the summons, they may be compelled to summon the summons.
Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 82: Where it is necessary to summon a person who violates the administration of public security to be investigated, a summons warrant is to be used to summon him with the approval of the responsible person for the case-handling department of the public security organ. People's police may orally summon violators of the administration of public security discovered at the scene upon presentation of their work identification, but this shall be noted in the interrogation record.
The public security organs shall inform the summoned person of the reasons and basis for the summons. A person who does not accept a summons without a legitimate reason or evades a summons may be compulsorily summoned.
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Confessions recorded by police stations generally cannot be changed, and unless there are indeed omissions or errors in the records, the criminal suspect may submit supplements or corrections. In accordance with the relevant provisions of China's Criminal Procedure Law, investigators shall truthfully record the confession of a criminal suspect when interrogating him/her, and shall submit the interrogation record to the criminal suspect for verification; If there is indeed any omission or misremembering, it can be supplemented or corrected in a timely manner.
[Legal stupidity grounds].Article 120 of the Criminal Procedure Law.
When investigators interrogate a criminal suspect, they shall first interrogate the criminal suspect whether he has committed a crime, ask him to state the circumstances of his guilt or the defense of his innocence, and then ask him questions. Criminal suspects' questions to investigators shall be truthful. However, on issues unrelated to this case, he has the right to refuse to reply to He Meng's answer.
Article 122.
The interrogation record shall be given to the criminal suspect for verification, and shall be read to him for those who do not have the ability to read. If there are omissions or errors in the record, the criminal suspect may submit a supplement or correction. After the criminal suspect admits that there are no errors in the record, he shall sign or affix a seal.
Investigators shall also sign the record. Where criminal suspects request to write a confession on their own, it shall be permitted. When necessary, investigators may also ask the suspect to write a confession in his own handwriting.
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Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 84: The record of the interrogation shall be given to the person being questioned for verification; Those who do not have the ability to read shall be read to them. If there are omissions or errors in the record, the person being questioned may make additions or corrections.
After the person being questioned confirms that the record is correct, they shall sign or affix a seal, and the people's police questioning shall also sign the record. Where the person being questioned requests to provide written materials on the matter being questioned, it shall be permitted; When necessary, the people's police may also ask the person being questioned to write on their own. When questioning persons under the age of 16 who have violated the administration of public security, their parents or other guardians shall be notified to appear.
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Legal Analysis: The Public Security Bureau has no right to refuse a confession. If a crime is suspected, the public security bureau records a confession in accordance with the law, and the criminal suspect has no right to refuse or let the person be exhumed, which is the legal obligation of the parties. The criminal defendant committed the offence in which he was charged.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 53: Public security organs' requests for approval of arrest, people's procuratorate's indictments, and people's law judgments must be faithful to the truth. Those who deliberately conceal the truth of the facts shall be held responsible.
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