How to make a good inquiry and make a record of the questioning

a) The concept of inquiry.

Questioning refers to the question-type investigation conducted by the law enforcement personnel of the administrative organ for industry and commerce directly to the parties, witnesses and victims on issues related to the case in accordance with the law. It is an important means for the administrative organs for industry and commerce to collect evidence in accordance with the law and ascertain the facts of the case when investigating and dealing with illegal cases.

Transcript of interrogation - means a transcript of the question-based investigation described above. The process and results of the interrogation are presented in the form of interrogation records.

Therefore, doing a good job of questioning is inseparable from making a good record of the questioning.

2) The principles that should be followed in the work of inquiry.

The principle of legality. The laws and regulations of the state stipulate that the administrative organs for industry and commerce may investigate and inquire about illegal acts within their jurisdiction in accordance with the law; When asking, there are certain procedures that must be followed. (Such as:.)

On the first page of the interrogation record, it is stated that we are law enforcement officers of the XX Industrial and Commercial Bureau, and the written description such as the administrative law enforcement certificate is presented, and the transcript is given to the person being questioned to read and confirm and sign, etc. ）

The principle of seeking truth from facts. Case-handling personnel shall conduct a comprehensive investigation, collect evidence objectively, patiently listen to the statements of the person being questioned, and should not preconceive of the questioning with a "frame" approach.

Emphasis on evidence, investigation and research, and do not believe in the principle of statements. The results obtained by the inquiry are of course important, but the person's statement is always uncertain, and it needs to be verified to be true, and it can only be used as evidence after examination and judgment. The results obtained through the inquiry can be mutually verified with other collected evidence, such as on-site inspection records, on-site **, license notices, violation reminder notices, documents, account books, etc., to form an effective evidence chain, which can be used as the basis for qualitative punishment.

The principle of strictly prohibiting inducement of confessions. Inducing a confession will not only invalidate the results of the interrogation obtained, but may also allow the person concerned to escape or weaken the necessary administrative penalties, and damage the image of law enforcement agencies. I have had such a problem in the course of handling the case, and I raise it here for everyone to take as a warning.

When I was handling an unlicensed business case, when I asked the party concerned about the illegal income obtained from the unlicensed operation, because the party was an early snack business household, the illegal income was not easy to calculate, and I was afraid of trouble, so I asked when I asked, "How long have you been in business and earned three or five hundred yuan?" (Of course, this sentence will not be recorded in the interrogation record), in order to reduce the punishment, the party will of course follow the framework of the illegal gains I have drawn. In my opinion, such a question should be a mistake of inducing confessions, which leads to the inaccuracy and low level of illegal gains confessed by the parties, thereby weakening the punishment of the parties.

3) Inquire about the basic matters that should be paid attention to.

Here's a simple mantra that illustrates the basics of what to look out for when asking.

One was asked. That is, the inquiry must be conducted separately and no "symposium" shall be held.

The two were present. That is, two people must be present at the case.

Three kinds of objects. That is, there are three types of subjects for questioning: parties, witnesses, and victims.

Four obligations. That is, the person being questioned has four obligations: to cooperate with the investigation; to receive inquiries; Truthful representation; Confirm the transcript.

Records of interrogation are written records made by judicial personnel in the course of criminal proceedings on the process and content of questioning witnesses and victims. The transcript of the interrogation may be used as evidence. The law stipulates that a record shall be made of the questioning of witnesses and victims.

The specific provisions are clearly stipulated in the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs".

Section 3 of the Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs: Questioning witnesses and victims.

Article 205:Questioning of witnesses or victims may be conducted at the scene, or at the witnesses' or victims' units or residences, or at the locations proposed by the witnesses or victims. When necessary, witnesses and victims may be notified to come to the public security organs to provide testimony.

Questioning of witnesses and victims shall be conducted individually.

When questioning witnesses or victims at the scene, investigators shall present their work identification. When witnesses or victims are questioned at their units or residences, or at locations proposed by witnesses or victims, a written notice of questioning shall be drafted with the approval of the responsible person for the case-handling department. Before questioning, investigators shall present the notice of questioning and their work identification.

Article 206: Before questioning, the identities of witnesses and victims, and the relationship between witnesses, criminal suspects, and victims, shall be understood. During questioning, witnesses and victims shall be informed that they must truthfully provide evidence and testimony and that they should bear legal responsibility for intentionally giving false testimony or concealing criminal evidence.

Investigators must not leak the facts of the case or express their views on the case to witnesses or victims, and it is strictly forbidden to use violence, threats, or other illegal methods to question witnesses or victims.

According to article 63 of the "Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs", "the interrogation record shall be given to the person being questioned for verification, and those who do not have the ability to read shall be read out to him." Where there are errors or omissions in the record, the person being questioned shall be allowed to correct or supplement it, and they shall be required to leave a fingerprint at the place where it is amended.

After the person being questioned confirms that the record is correct, they shall sign or leave a fingerprint on each page of the record of questioning. Where they refuse to sign or leave fingerprints, the people's police handling the case shall note this in the interrogation record. ”

Accordingly, if the public security organ asks you about the transcript and prints it out and asks you to sign it, and you don't know anything, you have the right to request that it be invalidated and restarted, and the original transcript should be destroyed.

The so-called signature of the transcript means that you not only have to sign your own name, but also have to sign the words "the above transcript has seen the same as what I said", so your reason for requesting invalidation or revision on the grounds that "you have not read the content of the transcript" is not valid; You can ask the police to make a record of you again, and explain the modified part of the content of the previous record in the second transcript, and the first transcript made before will not be destroyed, and both transcripts will be attached to the case file. Therefore, once the second transcript has been prepared and you have signed and confirmed, if the facts stated in the two transcripts are contrary or contradictory, then you may be liable for providing perjury and obstructing the course of justice because of one of the transcripts.

What's the problem, I didn't make it clear.

The interrogation record shall be given to the criminal suspect for verification, and shall be read to him for those who do not have the ability to read.

If there are omissions or errors in the record, the criminal suspect may submit an old crack to supplement or correct it. After the criminal suspect admits that there are no errors in the record, Shi Min shall sign or affix a seal.

Investigators shall also sign the record. Where criminal suspects request to write a confession on their own, it shall be permitted. When necessary, investigators may also ask the suspect to write a confession in his own handwriting.

Article 122 of the Criminal Procedure Law provides that the interrogation record shall be given to the criminal suspect for verification, and shall be read to the criminal suspect if he is unable to read.

If there are omissions or errors in the record, the criminal suspect may submit a supplement or correction. After the criminal suspect admits that there are no errors in the record, he shall sign or affix a seal. Investigators shall also sign the record.

Where criminal suspects request to write a confession on their own, it shall be permitted. When necessary, investigators may also ask the suspect to write a confession in his own handwriting.

a) is checked. That is, it is given to the person being questioned to read, and the person being questioned is to verify whether the questions asked to him and him are objectively and accurately recorded. If the person being questioned does not have the ability to read or is inconvenient to read, such as the person being questioned is illiterate and cannot read the text; or where the person being questioned is blind or suffering from other diseases, and is unable to read, the questioner shall read the record to them.

When it is read to them, it should be complete and accurate, and should not be read only partially or selectively. (2) It is a supplement or correction. After the person being questioned checks, if the person being questioned feels that there are omissions or errors in the record, they may submit a request for supplementation or correction, and the questioner shall supplement or correct it.

Record-takers shall generally faithfully record the person being questioned, but are not required to record the original words of the person being questioned word for word. In case-handling practice, appropriate adjustments and summaries may be made to the order and terminology of the person being questioned, but the meaning of the person being questioned must be fully and accurately reflected. Facts unrelated to the case may also not be recorded.

If it is indeed something that should be recorded but is not recorded, or where the meaning of the person being questioned is not correctly recorded, upon the request of the person being questioned, the omission shall be supplemented, and the error shall be corrected. (3) It is a signature and seal. If the record is checked to be correct, or if there are omissions or errors but have been supplemented or corrected, the person being questioned shall sign the record.

If the person being questioned does not know how to write, he can also get a seal. Where they do not know how to write and do not have a seal, they may have their fingerprints in the place where the person recording their names are indicated, and this situation shall be deemed to be a signature or seal. The people's police questioning shall also sign the record.

Where supplements or corrections are made, the person being questioned shall have their fingerprints on them. In this way, it not only shows that the questioner and the person being questioned are responsible for the content of the record, but also prevents tampering with or falsifying the interrogation record.

Legal basis: Public Security Punishment Law of the People's Republic of China Article 82: Where it is necessary to summon a person who violated the administration of public security to receive an investigation, a summons warrant is to be used with the approval of the responsible person for the case-handling department of the public security organ. People's police may orally summon violators of the administration of public security discovered at the scene upon presentation of their work identification, but this shall be noted in the interrogation record.

Provisions of the People's Republic of China on Procedures for Handling Administrative Cases》 Article 54: Where a summons warrant is used to summon Zheng Bi, after the suspect is summoned to the case and after the questioning and verification is completed, he or she shall fill in the time of arrival and departure on the summons card and sign it. Where they refuse to fill it out or sign, the people's police handling the case shall note this on the summons card.