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Criminal suspects and criminals are not the same concept. No one can be found guilty until the court decides. That is to say, the suspect can only state that he is suspicious, but he cannot be sure that he must have committed the crime, and there will be no record in the file.
There may be several suspects, but there may be only one real culprit. You can find out where you were at the time of the crime, and what witnesses or evidence you had to prove that you were not at the scene, so that you can rule out suspicion.
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The suspect has nothing and, judging by the measures he employed, only questioning. And no coercive measures were used, so even if the suspect was located, it was not much.
For example, if a person is killed in public, everyone around him is suspicious in the absence of evidence such as a camera. In order to identify a criminal suspect, in addition to conducting the necessary forensic technical investigation, it is necessary to question all the people who see it.
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1. Before the court judgment, they are collectively referred to as criminal suspects.
2. The criminal suspect will not leave any information on the file, which is necessary in the investigation stage.
3. The practice of the public security organs is lawful.
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Now that the suspect has been identified, there should be a further investigation until the suspicion is eliminated.
To add, he has not yet been qualified.
There's no doubt about that, huh?
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The law stipulates that a person subject to criminal prosecution is referred to as a "criminal suspect" before the procuratorate initiates a public prosecution with the court, and then as a "defendant". Being summoned does not necessarily mean guilt, nor is letting you go is innocent.
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No, the suspect is just to be examined, and he is the same as the subject. For example, if you fall in love with someone else, can you say that he is your future wife?
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A criminal suspect refers to a person who is not convicted but is only in the stage of suspicion, regardless of whether there is evidence or not, as long as there is suspicion of involvement, you can become a suspect, as long as you don't do anything, the name of the suspect will not leave a file or other textual public things.
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It shows that you are suspected of committing a crime, and the public security organs do not have conclusive evidence yet, and letting you leave does not mean that you are innocent.
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Leaving is not the same as innocence.
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It shouldn't be, or it needs to be determined, or it may be innocent, and it needs to be determined by a judge.
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It doesn't matter if you're a suspect. As long as it's not locked up.
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Legal analysis: 1. The suspected crime means that the criminal suspect is suspected of committing a crime, but whether he is really guilty needs to be tried by the court. 2. The nature is different.
Unlike criminals, according to the principle of presumption of innocence, the criminal suspect is innocent and does not need to bear criminal responsibility unless proven guilty by trial. The offender is a criminal who has been judged by the court and needs to bear criminal responsibility. 3. The time node is different.
The title given by the criminal suspect before the procuratorate formally prosecuted him in court. However, when the people's court tries and pronounces a guilty verdict, the criminal suspect is found guilty and is called a criminal.
Legal basis: Article 12 of the Criminal Procedure Law of the People's Republic of China: The principle of conviction by the court is that no one shall be found guilty without a judgment made by the people's court in accordance with law.
Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings》 Article 1: Where a plaintiff initiates a lawsuit in a people's court or a defendant submits a counterclaim, it shall be accompanied by evidence materials that meet the requirements for initiating a lawsuit.
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A criminal suspect is a criminal only after he has been convicted. No one may be found guilty without a judgment made by a people's court in accordance with law.
A criminal suspect, also known as a suspect, a suspect, or a suspect, refers to the designation given to a person who has been criminally prosecuted for a suspected crime before the procuratorate formally prosecutes him or her to the court. Unlike criminals, criminal suspects are innocent according to the principle of presumption of innocence, unless proven guilty at trial.
First, the basic concept.
Also known as a suspect, a criminal suspect. refers to the object of investigation by the criminal investigation organ or the object of suspicion preliminarily determined by the investigation clues. A criminal suspect must be a specific person, and a person who has not yet been found and whose identity has not yet been identified cannot be called a criminal suspect.
In criminal investigation practice, criminal suspects may be excluded from suspicion by alibi evidence and other scientific evidence. A criminal suspect who is criminally charged after the conclusion of a criminal investigation is called a criminal defendant.
Right of Action. Criminal suspects and their legally-designated persons have the right to request that the investigators, evaluators, and interpreters of the investigating organs with an interest in the case recuse themselves.
2. The legal rights of criminal suspects.
1. The right to legal assistance.
After the criminal suspect is interrogated for the first time by the investigating organ or from the date on which compulsory measures are taken, he or she may hire a lawyer to provide him with legal advice, appeal or accusation.
2. The right to appoint a defender.
In public prosecution cases, criminal suspects have the right to retain a defender from the date on which the case is transferred for review for prosecution. The people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender on the date on which it receives the case materials transferred for review for prosecution.
3. The right to apply for recusal.
Where procurators or their close relatives have an interest in the case, and procurators accept hospitality or gifts from parties and persons entrusted by them, or meet with parties and persons entrusted by them in violation of provisions, the criminal suspect has the right to request that they recuse themselves.
4. The right to use one's own language in litigation.
5. The right to apply for release on bail pending further investigation.
Detained criminal suspects, their legally-designated persons, close relatives, and hired lawyers have the right to apply for release on guarantee pending further investigation.
6. They have the right to refuse to interrogate questions unrelated to the case.
7. The right to request the lifting of compulsory measures.
Criminal suspects and their legally-designated persons, close relatives, or lawyers and other defenders retained by criminal suspects have the right to request that the compulsory measures be lifted if the people's procuratorate takes compulsory measures beyond the legally-prescribed time period.
8. The right to apply for supplementary appraisal or re-appraisal.
Criminal suspects may apply for supplemental or new evaluations of appraisal conclusions used as evidence.
9. The right to appeal against the decision of the people's procuratorate not to prosecute.
Criminal suspects may appeal to the people's procuratorate against the people's procuratorate's decision not to prosecute.
10. The right to check the record.
The interrogation record shall be given to the criminal suspect for verification, and if there are omissions or errors in the record, the criminal suspect may submit supplements or corrections.
12. Right to compensation.
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Legal Analysis: Not necessarily. One is still at the investigative stage and has not yet been convicted, while the other has been convicted of a crime.
The suspect is still in the investigation stage and has not yet been convicted, and the convict has been convicted of a crime. All concepts are applied in criminal law. A criminal suspect is called a criminal suspect until a guilty verdict has not been rendered by a court or before a guilty verdict has taken effect.
After the guilty verdict takes effect, the sentence is served and is called a criminal.
Legal basis: Criminal Law of the People's Republic of China Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment.
Of these, where the crime is relatively minor, punishment may be waived. Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered. Where criminal suspects do not have the circumstances of voluntary surrender provided for in the preceding two paragraphs, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.
Criminal Procedure Law of the People's Republic of China》 Article 12: No one may be found guilty without a judgment made by a people's court in accordance with law.
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The suspect is not already convicted. Whether a criminal suspect is guilty or not is determined by the court, and no one may be found guilty until the court has rendered a verdict of guilt. Arrest is only a procedure in criminal proceedings, and refers to a compulsory measure taken by public security organs and people's procuratorates to deprive criminal suspects of their personal liberty and detain them in accordance with law in order to prevent them from committing acts that obstruct criminal proceedings, evade investigation, prosecution, or trial, or cause danger to society.
Criminal Procedure Law of the People's Republic of China
Article 12. Principle of conviction by the court] No one shall be convicted without a judgment made by the people's court in accordance with law. Article 200.
Deliberation and Judgment] After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel conducted deliberations and made the following judgments on the basis of the ascertained facts, evidence, and relevant legal provisions:
1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty on the basis of law, a guilty verdict shall be made;
2) Where the defendant is found not guilty on the basis of law, a not-guilty verdict shall be rendered;
3) Where the evidence is insufficient and the defendant cannot be properly convicted of guilt, a not-guilty verdict shall be rendered that the evidence is insufficient and the alleged crime cannot be established.
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Can't find it. However, the local police station will notify the local police station of the specific situation, and the local police station will return to the local police station to collect the person.