分享
2023年中国的侦查制度英.docx
下载文档

ID:415475

大小:9.11KB

页数:2页

格式:DOCX

时间:2023-03-28

收藏 分享赚钱
温馨提示:
1. 部分包含数学公式或PPT动画的文件,查看预览时可能会显示错乱或异常,文件下载后无此问题,请放心下载。
2. 本文档由用户上传,版权归属用户,汇文网负责整理代发布。如果您对本文档版权有争议请及时联系客服。
3. 下载前请仔细阅读文档内容,确认文档内容符合您的需求后进行下载,若出现内容与标题不符可向本站投诉处理。
4. 下载文档时可能由于网络波动等原因无法下载或下载错误,付费完成后未能成功下载的用户请联系客服处理。
网站客服:3074922707
2023 年中 侦查 制度
中国的侦查制度〔英〕 System Governing Investigations   This system governs investigations and other mandatory measures taken in accordance with law by public security authorities and procuratorates in handling cases. It consists of provisions regarding the nature and mission, organizational structure, principles of activities and working procedures of investigation authorities.   Status and Nature of Public Security Authorities   Public security authorities are an important part of the government. They are both an administrative arm and a judicial organ since they are in charge of criminal investigations, playing a unique role in cracking down on crimes and maintaining social security.   Criminal Police   Criminal police are a major force of the police.   1. Qualification Requirements for Investigative Officers   Article 26 of the People’s Police Law provides that investigative officers should meet the following conditions:   Citizens at least 18 years of age;   Support the Constitution of the People’s Republic of China;   In good political, professional and moral standing;   In good health;   Have at least a senior high school education;   Willing to be a policeman.   Persons who have the following records should not be a member of the police:   Having received criminal penalty for committing a crime;   Having been dismissed from public office.   2. Promotions   Police are divided into 13 ranks in five categories:   Police Commissioner and Deputy Commissioner;   Police Superintendent Level 1, 2 and 3;   Police Inspector Level 1, 2 and 3;   Police Sergeant Level 1, 2 and 3;   Police Constable Level 1 and 2.   The Ministry of Public Security supervises the ranking and promotions of the police.   Investigations   1. Acceptance and Establishment of Cases   Public security authorities should immediately accept, inquire about, take notes of and hear cases of suspects turned in, reported or brought to the police by citizens or suspects who turn themselves in. Those that meet conditions should be accepted and filed as a case and for complicated and material cases, an investigation plan and, if necessary, necessary measures have to be taken.   2. Procedures for Criminal Investigations   For criminal cases that already been filed with the police, investigations should be launched for a thorough and impartial collection of evidence that may determine whether the suspect is guilty or innocent and, if guilty, whether it is a felon or a misdemeanor. Depending on actual needs, various detective means and measures will be taken in strict compliance with statutory procedures.   3. Procedures for Detentions and Arrests   Public security authorities may proceed to detain criminals caught in the act or material suspects in accordance with statutory procedures; they may also seek approval from procuratorates for an arrest warrant for suspects for whom sufficient evidence of incrimination exists and a sentence is likely, and for whom measures such as obtaining a guarantor in anticipation of trial out of custody and surveillance of residence is insufficient for ensuring social security and order.   4.Procedures for Case Transfer and Prosecution   Cases concluded by public security authorities for which the facts are clearly established, evidence is verified and sufficient, the nature of crime and name of felony correctly defined, legal procedures completed and for which criminal liabilities should be prosecuted, should be transferred to the procuratorate at the same level to determine whether public prosecution is warranted.   5. Procedures for Evidence Gathering   Detectives should strictly follow statutory procedures in collecting all kinds of evidence that can prove whether a suspect is guilty or not, or how serious the felony is. Extortion of confession through torture and collecting evidence through threat, inducement, deception or other illegal means are strictly forbidden.

此文档下载收益归作者所有

下载文档
你可能关注的文档
收起
展开