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Investigative supervision is an important aspect of legal supervision.
According to the Constitution of the People's Republic of China, the people's procuratorate exercises the power of investigation supervision, with the purpose of giving play to the role of the procuratorial organs and the public security organs in restraining each other, ensuring that crimes are accurately and lawfully investigated, and preventing and reducing the occurrence of unjust and wrongful cases.
The main contents of investigative supervision include:
1. Whether the legal procedures of the public security organs in the investigation activities are complete, and whether there are any cases of illegal arrest, wrongful arrest or omission of arrest of criminals;
2. Whether there is any illegal act in the filing, investigation, pre-trial, inquest, search, seizure, and appraisal;
3. During the interrogation of the defendant and the questioning of witnesses, there are any violations of law and discipline, extortion of confessions by torture, etc.
Legal basis
Criminal Procedure Law of the People's Republic of China
Article 8: People's procuratorates carry out legal supervision of criminal proceedings in accordance with law. Article 19: The investigation of criminal cases is to be conducted by the public security organs, except as otherwise provided by law.
The people's procuratorate may file a case for investigation if it is discovered in the course of exercising legal supervision of litigation activities that judicial workers use their authority to commit crimes that infringe on citizens' rights and harm judicial fairness, such as illegal detention, extortion of confessions by torture, and illegal searches. When it is necessary for the people's procuratorate to directly accept a case of a major crime committed by a state organ employee in the jurisdiction of a public security organ abusing his authority, the people's procuratorate may file and investigate the case upon a decision of the people's procuratorate at the provincial level or above.
Private prosecution cases are to be directly accepted by the people's courts. Article 100: If the people's procuratorate discovers that the public security organ's investigative activities have violated the law in the course of reviewing and approving arrest, it shall notify the public security organ to make corrections, and the public security organ shall notify the people's procuratorate of the corrections. Article 113: If the People's Procuratorate believes that the public security organs have not filed and investigated a case that should be filed and investigated, or if the victim believes that the public security organs have not filed and investigated a case that should be filed and investigated, and submits it to the People's Procuratorate, the People's Procuratorate shall request the public security organ to explain the reasons for not filing the case.
Where the people's procuratorate finds that the public security organ's reasons for not filing a case cannot be sustained, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notice.
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Investigative supervision is an important aspect of legal supervision. According to the Chinese Constitution, the purpose of the people's procuratorate's exercise of investigative supervision is to bring into play the role of the procuratorial organs and the public security organs in restraining each other, to ensure that crimes are being investigated accurately and lawfully, and to prevent and reduce the occurrence of unjust and wrongful cases.
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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.
Identification Procedure:
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 person being instructed to make an identification, especially to avoid the person making the identification from seeing the person being identified, and shall inform the person making the identification of the legal responsibility that they should bear if they intentionally make 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. Circumstances of the identification shall be made in the case of omissions, and shall be signed or sealed by the investigators, identifiers, and witnesses who presided over and participated in the identification.
Procedures for identification in criminal cases.
Appraisal refers to an investigative activity in which public security organs and people's procuratorates appoint or hire persons with specialized knowledge to identify and judge certain specialized issues in a case in order to ascertain the facts of a case.
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Explanation of Scouting.
Organs conduct investigations in order to establish the facts of the crime and the perpetrators.
Word decomposition Explanation of detective detective (detective) ē to listen, to observe in secret: detective (.).Secretly probe the code of the hall to find secrets or moods;
People who do reconnaissance work). Investigation. Fraud Detection (Investigation and Arrest).
Reconnoiter. Detect. Listen.
Investigation. radical : 亻; Explanation of Cha Cha á Investigation:
Late inspection. Survey. Inspection.
Visits. Consult. Ancient with "Cha", driftwood in the water.
Cha ā surname. Same as "hawthorn". Ancient with "scum", scum.
Radical: Wooden.
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