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Video recordings obtained during the interrogation of a criminal suspect are audio-visual evidence in criminal proceedings, while interrogation records obtained during the interrogation of a criminal suspect are confessions and justifications by the criminal suspect or defendant.
Code of Criminal Procedure
Article 48: Materials that may be used to prove the facts of a case are all evidence.
Evidence includes: 1) physical evidence;
2) documentary evidence; 3) witness testimony;
4) Victim statements;
5) Confessions and justifications of criminal suspects or defendants;
6) Appraisal opinions;
7) Records of inquests, inspections, identifications, investigative experiments, and so forth;
8) Audio-visual materials and electronic data.
Evidence must be verified to be true before it can be used as the basis for a verdict.
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It is still the defendant's confession, only the defendant's confession cannot be convicted, and you also need the victim's witness testimony, documentary evidence and other evidence. The fact that the entire video recording cannot be altered is also one of the evidences provided for in the Criminal Law (the defendant's confession). The so-called video recording is just a self-restraint mechanism adopted by the investigating organs to prevent the occurrence of such phenomena as extorting confessions by torture under the current situation.
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It is still controversial. Audio and video recordings of the entire interrogation process may be used as audio-visual materials, as well as confessions or justifications by criminal suspects or defendants.
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It is "audio-visual material" among the seven types of evidence provided for in Article 42 of the Criminal Procedure Law
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It is not within the scope of the evidence.
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Wu Mu roll answer]: b
This question assesses the interrogation of criminal suspects. Article 123 of the Criminal Procedure Law stipulates that investigators may make audio or video recordings of the interrogation process when interrogating a criminal suspect; In cases where a sentence of life imprisonment or death might be given, or in cases of other major crimes, the interrogation process shall be recorded or videotaped.
Audio recording or video recording shall be conducted throughout the entire process to maintain integrity. So, option b is correct.
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According to the relevant provisions, the interrogation of criminal suspects is generally in the investigation stage, and the interrogation of criminal suspects is often conducive to the collection of evidence by relevant personnel and the verification of the facts. 1. In cases where the public security organs have submitted for approval of arrest, and whether the procuratorate has obtained audio recordings of interrogations of criminal suspects, etc., when reviewing cases where the procuratorate has submitted a request for approval of arrest, procuratorial personnel may collect and review the public security organs' "audio or video recordings of interrogations of criminal suspects" if they discover that there are "illegal evidence gathering, retraction of confessions, evidence collection in violation of legally-prescribed procedures, or untruthful interrogation records" or that "the circumstances of the case are major, difficult, or complicated". For major, difficult, or complicated cases, "all audio and video recordings" may be reviewed when necessary.
Where the procuratorate collects and the public security organs do not provide it, and upon review the procuratorate finds that it cannot rule out the use of torture to extract confessions or other illegal evidence, the relevant confession must not be used as the basis for approving arrest. 2. When the procuratorate directly accepts a case for investigation, and the department responsible for the investigation transfers it for review for arrest, it shall transfer the "audio and video recordings of the interrogation" together with the case file materials for review. where the transfer is not made or the transfer is incomplete, they shall be requested to supplement the transfer.
Where doubts arise about the legality of evidence gathering or the veracity of interrogation records, the relevant audio or video recordings shall be reviewed in a targeted manner. For major, difficult, or complicated cases, all audio and video recordings may be reviewed. In addition, when the procuratorate examines and prosecutes a case, it also complies with the above provisions when collecting audio and video recordings.
In cases transferred for prosecution by the Supervision Organs, where it is found necessary to collect relevant audio or video recordings, they may consult with the Supervision Organs to collect them. The law stipulates: Article 123 of the Criminal Procedure Law of the People's Republic of China stipulates:
When investigators interrogate criminal suspects, they may make audio or video recordings of the interrogation process; In cases where a sentence of life imprisonment or death might be given, or in cases of other major crimes, an audio or video recording shall be made of the interrogation process. The audio or video recording shall be conducted throughout the entire process, maintaining integrity. "II. How to Further Improve the Mechanism for Reviewing Arrests 1. Simplify the methods of review and shorten the time limit for handling cases.
It is recommended to refer to the relevant provisions of Articles 282 and 283 of the Criminal Procedure Rules of the People's Procuratorate to require that when a case is transferred for review for arrest by a public security organ or a self-investigation department, only copies or copies of the documents requesting arrest, a catalogue of evidence, a list of witnesses, and the main evidence should be transferred. In this way, the examination method of approving arrest cases can be simplified, so that the case-handling personnel can be freed from the tedious review of the case file and reduce unnecessary workload. 2. Improve procedural provisions and increase transparency in case handling.
In order to ensure the legality and fairness of arrest, it is necessary to further improve the arrest procedure, and it is recommended that the provisions on interrogating criminal suspects, questioning witnesses, and reviewing relevant evidence be established as mandatory procedures; The criminal suspect's statements and justifications should be fully heard, and when necessary, the opinions of the party requesting the arrest and the lawyer retained by the criminal suspect should be heard, and on the basis of fully hearing the opinions of both parties, a decision on whether or not to arrest should be made on the basis of the facts and the law, so as to demonstrate the law's protection of the lawful rights of the parties, especially the criminal suspects.
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The method of the criminal suspect's appearance shall be noted in the interrogation record, and the criminal suspect is to indicate the time of arrival and the time of the end of the summons. Investigators may orally summon criminal suspects discovered at the scene upon presentation of their people's police cards, and inform the summoned person of the reason and basis for the summons.
Article 199 of the "Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs" When summoning a criminal suspect, Lu Naoxiang shall present the summons card and the investigator's people's police card, and order him to sign the summons card and leave a fingerprint. After the criminal suspect arrives in the case, he or she shall write the time of his appearance on the summons card. At the end of the summons, they shall write the summons end time on their summons card.
Where the criminal suspect refuses to fill it out, the investigators shall note this on the summons card. Investigators may orally summon criminal suspects discovered at the scene upon presentation of their people's police cards, and inform the summoned person of the reason and basis for the summons. The method of the criminal suspect's appearance shall be noted in the interrogation record, and the criminal suspect is to indicate the time of arrival and the time of the end of the summons.
Criminal suspects who voluntarily surrender or are turned over by the masses to the public security organs may be summoned in accordance with law.
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Legal Analysis: Criminal suspects who do 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 people's procuratorate or public security organ shall present supporting documents. 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.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 120: When interrogating a criminal suspect, investigators shall first interrogate the criminal suspect as to whether he has committed a crime, ask him to state the circumstances of his guilt or the defense of innocence, and then ask him questions. Criminal suspect Zhen Gao's questions to investigators shall be truthful.
However, there is a right to refuse on issues unrelated to the case. Noisy.
When investigators interrogate criminal suspects, they shall inform them of their procedural rights, and provide for leniency if they truthfully confess their crimes, and the legal provisions on admitting guilt and accepting punishment.
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