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The police station is recording a statement, and if you forcibly call someone out, it will be considered obstruction of official business.
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If someone from the police station agrees and you call someone out, then it is not obstructing official business, and if the police station does not agree and you have to call someone out, this may constitute obstruction of official business!
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Hello this friend, of course this is a housing business, people are investigating the case, you can't call people out.
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The police station is recording a statement, and if you call someone out, it should definitely be regarded as obstructing official business, but under normal circumstances, the problem is not too big.
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The police station is calling people out at the intersection to confess, and if there is no confession, it should not be considered obstructing official business.
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The police station is recording a confession, and it is generally not allowed to call people out, and if you call out, it may be related.
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The police station is entering the hole, so if I call people out, is it obstructing official business? The police station is entering the public household, and calling someone out is obstructing official business, and it is easy to wear red.
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The police station is at the intersection, and it is impossible for you to call people out, and if you go in and shout, then it will also be counted as obstruction of official business.
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If the police station is investigating, it is considered obstruction of official business.
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This right-angled platform has been agreed, that is, there is no problem, and it is not an obstruction of official business.
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If you don't have a valid or compelling reason, that's an obstruction of justice.
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If the police do not agree to the confession but the suspect or witness is still called out, it is considered obstruction of official business.
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The police station is recording red, and I called people out, is it considered obstruction of official business? Then I don't think you should have called it out. That must be an obstacle to official business.
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The police station is recording a statement. You can't get in, and you can't call people out.
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If you record a confession in the police station, how can you call people out? It must be with the permission of the police, how can it be considered obstruction of official business?
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Having been to the police station to record a confession has no impact on the sale of the case, as follows:
1. It does not cause a criminal case, and the recording of confessions does not have a great impact on the parties;
2. Archives will be recorded, but there is no need to worry, because the records will only be recorded in the internal files of the public security and will not enter the personal personnel files of the parties;
3. In general cases, the losing party needs to bear the litigation costs, and both parties need to be frank and obliged to fulfill the effective judgment;
4. If the losing party fails to perform the judgment obligation on time, the winning party may, after the judgment takes effect, apply to the court of first instance or the court where the property of the losing party is located for compulsory enforcement;
5. In the case of applying for compulsory enforcement, anyone can make public inquiries, and there will also be records of the credit information system, which will affect the credit loan of the individual or the enterprise.
[Legal basis].
Article 120 of the Civil Procedure Law of the People's Republic of China: A complaint shall be submitted to the people's court for a form of prosecution, and a copy shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party. Article 56: Where third parties find that they have the right to make independent claims on the subject matter of litigation between the parties, they have the right to initiate litigation.
Where a third party does not have the right to make an independent claim on the subject matter of the litigation between the parties, but has a legal interest in the outcome of the case, he may apply to participate in the litigation, or the people's court may notify him to participate in the litigation. A third party who is judged by a people's court to bear civil liability has the procedural rights and obligations of the parties.
Where the third parties provided for in the preceding two paragraphs do not participate in litigation for reasons not attributable to themselves, but there is evidence showing that part or all of the content of the legally effective judgment, ruling, or mediation document is wrong, harming their civil rights and interests, they may file a lawsuit with the people's court that made the judgment, ruling, or mediation document within six months from the date on which they knew or should have known that their civil rights and interests had been harmed. Where the people's court finds the litigation claim sustained after trial, it shall modify or revoke the original judgment, ruling, or mediation document; Where the litigation claim is not sustained, the litigation claim is rejected. Article 64: Parties have the responsibility to provide evidence for their own claims.
The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.
The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence. Article 65: Parties shall promptly provide evidence for their own claims.
On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.
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After the police station records a statement, it will be dealt with by Shihesanmo, which depends on the specific situation. If there is no criminal fact, then the confession will be released immediately; If there are criminal facts or evidence to prove that the criminal suspect has committed a crime, then compulsory measures such as detention or arrest will be taken.
Characteristics of the transcript:
The characteristics of the transcript reflect the special requirements for producing the transcript.
1) Authenticity of content.
It is necessary to record truthfully, and strive to be objective, truthful, concrete, and complete. The content must be a reflection of the objective situation and must not contain the opinion of the recorder. In order to ensure the authenticity of the record, after the record is made, it shall be checked by the relevant personnel, and the relevant personnel shall sign an opinion, sign, affix a seal, or leave a fingerprint at the end of the record.
The transcript should be concise and clear and neat.
2) Legality of production.
It should be made in accordance with the law and the necessary legal formalities should be performed. If it is made by a statutory person, and signed or sealed by relevant personnel, including the participants in the legal activity and the person recording it.
3) Unity of form.
Although there are many types of transcripts, all transcripts are recorded on paper in accordance with the prescribed specifications, and cannot use words other than those stipulated in the lease and return regulations, let alone shorthand symbols, pinyin characters, and graphic symbols. As for the use of audio and video recordings and other scientific and technological means, they can only be used as auxiliary materials for transcripts, but they cannot replace transcripts.
4) The temporality of the record.
Transcripts are generally required to be made in one lump sum, beginning at the beginning of a judicial activity and ending at the end of that judicial activity.
[Legal basis].
Article 91 of the Criminal Procedure Law.
Where the public security organs find that it is necessary to arrest a detained person, they shall request that the people's procuratorate review and approve it within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. For major suspects who are on the run to commit crimes, commit crimes multiple times, or commit crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.
The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organ. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. For those who need to continue the investigation and meet the requirements for release on guarantee pending further investigation or residential surveillance, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
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Legal Analysis: No, the public security department will have to go through a review after taking a confession to determine whether it meets the criteria for filing a case.
Legal basis: Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs
Article 166: Public security organs shall immediately accept citizens' surrenders, reports, accusations, or reports, or where criminal suspects voluntarily surrender, ask about the circumstances, and make a record, and after verifying that they are correct, have the person who turned them in, the person who reported the case, the accuser, the informant, or the person who voluntarily surrendered sign and leave a fingerprint. When necessary, an audio or video recording shall be made.
Article 175:Where, after accepting a case, public security organs find upon review that there are facts of a crime that need to be pursued for criminal responsibility and that they are within their jurisdiction, they are to file the case with the approval of the responsible person at the public security organ at the county level or above; Where it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law, the case is not to be filed with the approval of the responsible person at a public security organ at the county level or above.
In criminal cases, the verdict shall be announced within 2 months of acceptance, and must not exceed 3 months at the latest. Public security cases must not exceed 30 days from the date of acceptance, and may be extended for 30 days with the approval of the public security organ at the level above if the case is major or complicated.
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Legal Analysis:1If it is a record of interrogation, then it is a record made by the public security organ against the insider or victim, and it will not have an impact. If it is an interrogation record, then it is a record conducted by the public security organs against the criminal suspect, and that is influential.
2.A transcript is a written record of the detailed identities and words of witnesses, suspects, or eyewitnesses. The record is only a part of the case file, and is to be signed and confirmed by the person being questioned and put into the file, and if it is not put into the file of the person being questioned, it will not have an impact on the person being questioned, and if it is found to be a violation or crime based on the record, it will be included in the file and have an impact.
Legal basis: Article 119 of the Criminal Procedure Law of the People's Republic of China Where a criminal suspect does not need to be arrested or detained, he 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 supporting documents of the people's procuratorate or public security organ shall be presented. Suspects found at the scene may be summoned orally upon presentation of their work identification, but this shall be noted in the interrogation record.
The duration of the summons or custodial summons must not exceed 12 hours, and where the circumstances are particularly serious or complicated, and it is necessary to employ measures of detention or arrest, the duration of the summons or custodial summons must not exceed 24 hours. Criminal suspects must not be detained in disguised form in the form of continuous summons or custodial summonses. When summoning or custodial summons, the criminal suspect's diet and necessary rest time shall be ensured.
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Legal analysis: Recording a statement at the police station has no effect, and if there are other effects, the police will come to you.
Legal basis: "Criminal Law of the People's Republic of China" Article 305: In criminal proceedings, witnesses, evaluators, recorders, or translators intentionally make false testimony, evaluation, record, or translation of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, are to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment.
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Legal Analysis: Recording a statement at the police station has no effect, if there is any other impact, the police will come to you.
Legal basis: Criminal Law of the People's Republic of China" Article 305: In criminal proceedings, witnesses, evaluators, recorders, or translators intentionally make false testimony, evaluations, recordings, or translations of circumstances that are important to the case, with the intent to frame others or conceal evidence of the crime, are to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment.
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If a crime is suspected, the public security bureau records a confession in accordance with the law, and the criminal suspect has no right to refuse, which is the legal obligation of the parties.
Not necessarily, there is a difference between the confessions understood by the general public and the confessions referred to by the public security organs. The general public will refer to the interrogation record as a confession. The public security organs, on the other hand, only refer to the confessions made by criminals to their own crimes.
It is no longer called that. All of them are called interrogation records, or interrogation records. Under normal circumstances, when questioning criminal suspects and important criminal cases, two police officers must be present at the scene.
It is possible to be present alone to make a record of the inquiry of the general reporting family who repents, loses their wallets, mobile phones, and other public security cases. Although the presence of two persons is required, it is not necessary at all for the presence of a second person to exercise these powers by any other organ, group or individual, except as specifically provided by law.
Whether it is taking the initiative to go to the police station to make a record, or being forcibly taken to the police station to record a confession, if you do not have the right to have a people's court judgment and find that a crime is constituted, you will not have a case record, so when it comes to the police station to make a record, those who have not been sentenced will not have a case record.
Legal basis: Extended Information].
Article 3 of the Code of Criminal Procedure.
The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the investigation and initiation of public prosecution in cases directly accepted by the procuratorate. The people's courts are responsible for trials.
Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers. People's courts, people's procuratorates, and public security organs conducting criminal proceedings must strictly abide by the relevant provisions of this Law and other laws.
Of course, it is lawful, and if you are recorded for other things this time, and the police station indicates on the confession that you have a previous criminal record, this is a reference for the public security organs to consider sentencing a heavier sentence when the public security organs indicate on their current confessions that they have filed a lawsuit against the procuratorate, and this is the procedural provision of the Criminal Law for the aggravation of recidivism. Therefore, the note from the police station is legitimate.
Our laws do not oblige citizens to testify, but testifying is an obligation for citizens, and only perjury will involve accountability. The disadvantage should only arise between you and the person concerned and your work unit (because it is a salary dispute), and you will not be sentenced anyway... As for who is right and wrong in this matter, it depends on how much merit you have and your determination to uphold justice...
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