Investigators of duty crime cases refer to the investigators in the self-investigation departments of procuratorial organs (anti-blasphemy bureau and anti-corruption bureau) who are responsible for detecting duty crime cases of state functionaries. The "quality" referred to in this paper refers to an individual's intelligence, ability and inner cultivation, that is, talent and moral strength. Quality can be divided into political quality, professional quality and comprehensive quality.
(1) Political quality and professional ethics
First of all, investigators should have high political quality.
Political quality refers to the political position, belief and quality that investigators should have, and its essence is absolute loyalty to the party, the country, the people and the law. Investigating and handling duty crime cases is an important duty of procuratorial organs, which also makes procuratorial organs often in the cusp of anti-corruption, and makes investigators often face the contest between emotion and law, power and law. If the investigators are unstable and principled, not only can they not investigate corrupt elements, but they will become tools to crack down on whistleblowers, such as Lu Jingyi's report on Li Changhe. Lv Jingyi is the deputy mayor of Batai Town, Pingdingshan City, Henan Province, and Li Changhe is the secretary of the Political and Legal Committee of this city. Li Changhe used his power to retaliate against Lv Jingyi. He instructed the Anti-Corruption Bureau of Wugang Municipal People's Procuratorate to arrest Lv Jingyi. The procuratorate felt very embarrassed. Li Changhe said to the relevant leaders: "First, make up a reason to throw him in, and the wall will be pushed down by everyone. Someone will expose him immediately and the evidence will be available." 1June, 996 18, the people's procuratorate filed an investigation on Lv Jingyi for "suspected embezzlement of public funds" and arrested her. Under the "coordination" of Li Changhe, secretary of the Political and Legal Committee, the procuratorate initiated a public prosecution, and the court sentenced Lv Jingyi to one year's imprisonment for corruption (later acquitted by the Henan Higher People's Court). As you can imagine, if the case-handling personnel can resist the pressure, adhere to principles and be loyal to the law in a series of case-handling activities such as criminal detention, filing a case, arrest and prosecution, this kind of unjust case can be completely avoided.
Among the qualities of investigators, political quality is the foundation, which is reflected in the specific activities of handling each case. Only with firm political belief can an investigator remain poor and lonely, be invincible in the face of the threat of power, the temptation of money and beauty, and make a difference in investigation.
Secondly, investigators should have the overall awareness of sharing worries for leaders.
Investigators should carefully understand the thoughts and intentions of leaders in all aspects of solving crimes, and learn to think what leaders think. For example, the leader decided to decompose several criminal suspects who have formed an offensive and defensive alliance. Investigators should pay attention to the psychological characteristics, family background and ideological trends of the criminal suspects in the investigation and find out the weakest link. Investigators should have a sharp mind, capture all kinds of information in time, and provide good information and suggestions for leaders to make overall decisions in time. Investigators should also learn to sum up experiences and lessons. After each case is completed, we should make progress in the investigation ideas and skills. It's not terrible to make mistakes, but to make mistakes again and again.
Third, investigators should have dedication and endurance.
Other departments can basically work step by step every day. However, investigators should always be prepared to work overtime continuously, or even be unable to go home for several days. It is normal for investigators to go on business trips and handle cases, so they can't take care of their families. How can they do without dedication?
Fourthly, investigators should have the spirit of collectivism, that is, team spirit.
Especially in the detection of major cases, investigators often have to be divided into several roads, and search, interrogation, examination and evidence collection are carried out at the same time, and each road affects the final result of the case. We should cooperate consciously, and we should not be careless or shirk each other just because we are not presiding over it ourselves. Report new problems in time and make good suggestions in time. You can't act without authorization to show personal heroism and affect the overall situation of the case.
(2) Professional quality
Investigation is a work of "fighting" with people, but it is not ordinary people we want to "fight". These people have great energy, which is often beyond our imagination. Most of them have status, power, wealth, rich social experience, and even high academic qualifications and high IQ. Some of them are also proficient in the law and have a set of skills to hide criminal evidence and confront investigations. Their social relations are complex, with a wide range of communication and close network. As the saying goes, "Without Jin Gangzuan, porcelain is indispensable." In order to bring down these people, investigators must have good skills.
1, should have legal theory and related professional knowledge.
The theoretical level of law is the basic condition and requirement that investigators must have as law enforcers. First of all, investigators should learn and understand the law and have a deep theoretical foundation of law; Secondly, investigators, especially those who graduated from law school, should also overcome the concept of "living on their laurels", update in real time, keep pace with the times, keep pace with the times in law enforcement concepts, and pay attention to overcoming the old concepts of emphasizing confession over evidence, emphasizing entity over procedure, and emphasizing the protection of victims over the legitimate rights and interests of criminal suspects. Familiar with the knowledge of criminal psychology, and can use it freely. When you first come into contact with a criminal suspect, you should get rid of the fog and spy on his inner real world by observing his manners. Is it calm or uneasy, is it fear or worry, is it confession or lies, and so on. Only by judging their psychological state can we determine the next investigation plan. At the same time, in investigating cases, we should "catch up" the knowledge of related disciplines in real time according to the needs of handling cases. Investigators can't know everything, but they must have the spirit of diligent study. Duty crime cases often involve the unknown field of investigators, and investigators often feel confused at first. At this time, they have to admit their ignorance, put down their airs and learn with an open mind. To handle duty crime cases of land management personnel, we must be familiar with the evolution of land management over the years, compensation and resettlement for land and house demolition; To deal with the loss of state-owned assets in restructured enterprises, we must fully understand the relevant provisions of state-owned enterprise restructuring and state-owned assets evaluation.
2, be proactive, and draw inferences from others.
Modern society is an information age. If you enter any phrase online, you will get thousands of information. Faced with a large amount of information, investigators should learn to worry and choose information. For some people, the same information is like a duck's back, leaving no trace, but some people have found clues to solve the case. We hope that every investigator should set up his own information network and have his own eyes and ears. Eating out with friends is just entertainment for others, but investigators should pay more attention to capturing useful information from small talk. At the end of March last year, our hospital got the news that the Liubei District Procuratorate had cracked a case of misappropriating national forest ecological benefit subsidy funds. We immediately thought that there are many village committees in Liunan District that manage the same subsidies. Will there be corruption? Our hospital immediately divided its troops, audited the books of the three village committees at the same time, and summoned relevant personnel. Sure enough, it solved the case that six people, including Wu Mou, director of Suncun Village Committee, embezzled more than 50,000 yuan.
3. Have the strategy of investigation.
The investigation process is a battle between investigators and criminal suspects without smoke, but all actions of investigators are required to be carried out within the scope permitted by law. Therefore, it is very important to use strategies skillfully. After receiving the clue, we should look for a suitable starting point, seriously consider the order of investigation and evidence collection, form a targeted investigation plan, and make timely corrections according to the development of the case. If you rush to attack, it is easy to cause the case to leak, the evidence to be lost, and the good clues to be destroyed. "Win more and win less, not to mention nothing?" That's the truth.
Clever use of strategy to break through criminal suspects. In the case that other evidence is not enough to achieve "zero confession", it is the key to break through the criminal suspect. According to the provisions of the Criminal Procedure Law, the time limit for summoning criminal suspects is 12 hours, and time is pressing. Therefore, it is very important to skillfully break through the criminal suspects to verify the known and unrecognized criminal facts as soon as possible. Under what circumstances, what strategy to use depends on the flexible grasp of the case-handling personnel according to the development of the case, that is, "ingenious use and specificity."
(three) social experience, personality charm, social skills and other comprehensive qualities
There is a couplet in A Dream of Red Mansions: "Everything is clear and learned, and people's understanding is an article." Jia Baoyu is disgusted because he is a playboy who doesn't care about the world. However, for those who want to do business, this couplet is a wise saying. Investigators need to know the world in order to accurately see the case and judge the ins and outs of the case; Only by analyzing the suspect's psychological state and possible anti-investigation activities can we provide conditions for the correct formulation of the next investigation plan.
Salesmen have a famous saying: "selling products is also selling yourself." In fact, investigators are "selling" themselves while understanding the case and collecting evidence from witnesses. If investigators gain the trust of witnesses through their own actions and words, witnesses will easily spit out the truth; On the other hand, if the witness thinks that the investigators are unreliable, have ulterior motives and are annoying, etc. They will definitely tighten their psychological defenses, or tell a lot of lies, or ask questions, or find excuses to escape, which makes the investigation more difficult. Not only when dealing with witnesses, but also when dealing with criminal suspects. There is no denying that some criminal suspects used to be social elites, with elegant manners and profound knowledge. If the investigators behave rudely or even make insulting remarks during the trial, it will easily arouse their contempt and disgust, make them feel resistant and increase the difficulty of solving the case.
Investigators should have innovative ability, that is, the ability to find and solve new problems through innovative thinking. We are in an era of rapid social development and endless new things, and we especially need this ability. Investigators also need organizational skills and social skills. Investigators should lead an investigation team, be able to know people and be good at their duties, and fully mobilize and give play to everyone's intelligence; It is necessary to coordinate the relationship between colleagues, superiors and subordinates, witnesses and crime units, reduce internal friction and unnecessary contradictions, and ensure the smooth progress of the case.
In a word, investigators need many qualities, but no matter what problems they encounter, they should take the initiative to deal with them properly, which is the comprehensive quality of investigators.
Second, how to improve the quality of investigators.
First of all, let people enter the customs. To be an excellent investigator, you need to be talented, and no one can do it through hard work the day after tomorrow. Some people have worked in the self-investigation department for more than ten or twenty years, but their investigation ability has not been significantly improved. Some people can make rapid progress in five or six years and will soon be independent. Therefore, when the procuratorate recruits police officers, the self-investigation department should have a certain right to speak, and recruit people with the potential of investigators as much as possible, so as to get twice the result with half the effort in talent training. Secondly, we should do a good job in training investigators. We should combine the old with the new and use case teaching. Collective discussion of cases should be regular and institutionalized, and mutual learning and promotion can be achieved through exchanges. At the same time, effective measures should be taken to mobilize and motivate investigators to study hard.