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"Identification" refers to an investigative act in which investigators, when necessary, allow victims, witnesses, and criminal suspects to identify items, documents, venues, or criminal suspects related to the crime in order to ascertain the facts of the case.
Identification, as an investigative act, is not clearly stipulated in the Criminal Procedure Law, but special provisions are made in the "Provisions" of the Ministry of Public Security and the "Rules" of the Supreme People's Procuratorate. Identification is a means often used in the investigation process, which is of great significance for ascertaining the true situation of the case, verifying evidence, and seizing criminal suspects.
In accordance with the relevant provisions of the Ministry of Public Security and the rules of the Supreme People's Procuratorate, the following procedures shall be followed for identification:
1. Where public security organs and people's procuratorates need to identify criminal suspects in the course of investigating cases under their respective jurisdictions, they shall separately obtain the approval of the responsible person for the case-handling department or the chief procurator.
2. The identification shall be conducted under the auspices of investigators. In cases investigated by public security organs, there must not be less than 2 investigators presiding over the identification. Before making an identification, the person making the identification shall be asked in detail about the specific characteristics of the subject being identified, especially to avoid the person making the identification from seeing the subject of the identification, and shall inform the person making the identification of the legal responsibility they should bear for intentionally making a false identification.
3. When multiple identifiers make an identification of the same identification object, each identifier shall be separately identified. When necessary, witnesses may be present.
4. When making identifications, the object of identification shall be mixed with other persons or objects, and no hints shall be given to the person making the identification. In cases investigated by public security organs, the number of persons identified must not be less than 7 when identifying criminal suspects; When identifying**, there shall be no less than 10 ** to be identified. In cases of self-investigation by the people's procuratorates, when identifying criminal suspects, the number of persons identified must not be less than 5; When identifying**, there shall be no less than 5 ** to be identified; When identifying items, there should be no less than 5 items of the same kind.
5. In cases investigated by public security organs, where the person making the identification is unwilling to do so openly, it may be done without revealing the person making the identification, and the investigators shall keep it confidential.
6. A record shall be made of the circumstances of the identification, and the investigators, identifiers, and witnesses presiding over and participating in the identification shall sign or affix a seal.
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Identification procedures for criminal cases by public security organs.
1. Questioning (interrogation) of the person making the identification.
The main purpose is to confirm whether they have the ability to identify, to understand in detail the specific characteristics of the object of identification, to inform them of the rules and requirements for identification, and to inform the person who identifies them that they should bear legal responsibility for fraud.
2. Determine the time and place of identification.
3. Choose to identify the foil.
1. There shall be no less than 7 foils to be identified, and foils of the same gender as the identified persons and similar age, temperament, and height should be selected.
2. Identification** shall not be less than 10 sheets. You should choose one with the same gender, similar age and hairstyle**. **The names of suspects and foils must not appear in the list.
3. When identifying each item, there shall be no less than 5 foils. and the characteristics of the foil should be similar to the identified item.
IV. The identification shall be conducted under the auspices of investigators. There must not be less than 2 investigators presiding over the identification.
V. An identification record, identification**, and an explanation of the identification** shall be made for the process and results of the identification.
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In any of the following circumstances, the requirements for identification records in criminal cases must not be the basis of a verdict: 1The identification was not carried out under the auspices of investigators; 2.
Allowing the person making the identification to see the object of the identification before the identification; 3.the identification activity was not carried out individually; Wait a minute.
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