Seek the principle of investigative identification and the rules of investigative identification

"Investigative identification" refers to the identification and authentication activities of relevant personnel organized by investigators to identify and authenticate relevant objects in order to ascertain the facts of a case or to examine suspects.

Investigators must strictly abide by the following rules when organizing investigation and identification:

1) Individual identification.

2) Individual identification.

3) Mixed identification.

4) Objective identification.

According to article 249 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs", "when identifying criminal suspects, the number of persons identified shall not be less than seven; Where criminal suspects are identified, there must not be less than 10 persons."

When I went to school, I learned "Criminal Investigation" published by China University of Political Science and Law Press in November 2003 and edited by Cheng Junwei, I don't know if it will be useful to you.

1. The right to make a decision on identification.

The procuratorate's identification of a criminal suspect shall be subject to the approval of the chief procurator.

2. Identify the presiding officer.

There must be no less than 2 investigators.

3. Mixed identification rules.

Public security organs: criminal suspects (7 people); Suspects of the crime of letter collision ** (10 photos); items (5 pieces); Where the site, corpse, or other specific objects of identification, or where the person making the identification can accurately describe the unique characteristics of the item, there is no restriction on the number of foils.

Procuratorate: criminal suspects and victims (5 to 10 people); ** (5 to 10 photos); items (5 pieces), ** (5 photos).

4. Individual identification rules.

When several identifiers make an identification of the same identified person or the same item, each identifier shall do so separately.

5. Witness rules.

Identification may be the presence of witnesses when necessary.

6. No implied rules.

Before making an identification, the person making the identification should be asked in detail about the specific characteristics of the subject of the identification, so as to avoid the person making the identification from seeing the subject of the identification, and the person making the identification shall be informed of the legal responsibility that should be borne for intentionally making a false identification.

7. Confidentiality rules.

When the identification of a criminal suspect is not carried out openly, it may be done without revealing the person making the identification, and shall preserve their confidentiality.

8. Identification records.

An identification record shall be drafted for the process and results of the identification, and signed by the investigators, the person making the identification, and the witnesses. When necessary, an audio or video recording shall be made of the identification process. A record shall be made and signed by the procurators, the person making the identification, and the witnesses.

Photographs shall be taken of the subject of the identification, and when necessary, an audio or video recording of the identification process may be conducted.

The legal provisions for investigation include: In the course of criminal proceedings, in order to ascertain the facts of the case, the investigating organs may adopt a series of special investigative methods and compulsory measures in accordance with the law in order to ascertain the facts of the case, collect criminal evidence materials, confirm and apprehend the criminal suspect, and pursue the criminal responsibility of the criminal suspect.

Article 115 of the Criminal Procedure Law: Public security organs shall conduct an investigation into a criminal case that has already been filed, and collect and collect evidence of the criminal suspect's guilt or innocence, or the severity or seriousness of the crime. Major suspects who are currently committing crimes or who have completed their careers may be detained in advance in accordance with law, and criminal suspects who meet the requirements for arrest shall be arrested in accordance with law. Article 116:After investigation, public security organs shall conduct a preliminary trial in cases where there is evidence to prove the facts of a crime, and verify the evidence materials collected or collected.

Article 156:The period of investigative detention after arrest of a criminal suspect must not exceed 2 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.

Legal Analysis: Investigation and identification refers to an activity in which witnesses, victims, or criminal suspects identify and confirm items related to the case, nameless corpses, criminal elimination sites, or criminal suspects by witnesses, victims, or criminal suspects in criminal investigation activities according to the needs of case investigation and under the auspices of investigators or procurators. Identification is one of the common methods used by investigative agencies to collect criminal evidence, and is widely used in criminal procedure practice.

From the perspective of criminal procedure, identification has two meanings: one is as an investigative tool; The second is to use the results of the identification as evidence in litigation. The correct use of identification measures in criminal investigation activities is of great significance to determining and narrowing the scope of investigation as soon as possible, obtaining and expanding clues in cases, and promptly arresting criminals and solving cases.

Legal basis: "Rules of Criminal Procedure of the People's Procuratorate of the People's Republic of China" Article 139: Criminal suspects who are detained for interrogation shall fill out a warrant and conduct interrogation in the detention center. Where, due to the needs of investigative work, it is necessary to take the criminal suspect out of the house to identify the criminal, criminal evidence, or to recover property related to the crime, the criminal suspect may be taken into custody to the people's procuratorate for interrogation.

Where criminal suspects are brought into custody for interrogation in the people's procuratorate, they shall be escorted by two or more judicial police officers upon the approval of the chief procurator.

1. According to the different objects of identification, it can be divided into personal identification, ** identification, item identification, place identification and corpse identification.

2. According to the different identification methods, it can be divided into "one-to-one" identification and mixed identification. Among them, the mixed identification includes the mixed identification of **, items and the identification of suspects in formation.

3. Based on the different subjects of identification, it may be divided into victim identification, criminal suspect (defendant) identification, and witness identification.

4. According to the different stages of identification, it can be divided into investigation identification and court identification.

Due to their high usage rate, the problem of losing the voice of the identification results due to procedural violations or flaws is more likely to occur in judicial practice, so it is more necessary to strengthen the review of the legality of the identification of Cheng Xiaoyan in the identification of these two kinds of jujubes.

In addition to records, such as physical evidence, documentary evidence and witness testimony can also be used as evidence, including the victim's statement, as well as the criminal suspect's appraisal opinions, which can be used as evidence in the case. In the process of identification, evidence can be collected through personal identification and identification of items and items.