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How should the police handling the case ask the illegal suspect?
Operating rules 1. Understand the case and evidence materials, and make an interrogation plan and an interrogation outline. 2. During the first interrogation, the criminal suspect shall be served with the Notice of Criminal Suspect's Litigation Rights and Obligations, and it shall be marked in the interrogation record or signed by the criminal suspect in the annex of relevant compulsory measures; Verify that the suspect heard clearly and asked to withdraw. 3. The first interrogation should first ask the personal situation of the suspect, whether there is a criminal record, etc. And then ask him if he has committed a crime; Let him state the guilty circumstances and plead not guilty, and the investigators shall make a record. If the criminal suspect requests to write it himself, it shall be allowed. When necessary, investigators may also ask the criminal suspect to write a confession in person. 4. Give the interrogation record to the criminal suspect for verification or read it to him. If there is an error in the record, it shall be allowed to correct or supplement it, and the handprint shall be pressed where it is modified or supplemented. 5. After the transcript is verified by the criminal suspect, it shall be signed (sealed) page by page and printed with a handprint, and on the last page, it shall be noted that "I have read (or read to me) the above transcript, which is consistent with what I said"; If the criminal suspect refuses to sign (seal) or fingerprint, it shall be noted in the record. 6. The items listed in the interrogation record shall be filled in according to the regulations; Investigators and translators shall sign or seal the interrogation record. 7. Interrogation of criminal suspects can be recorded in writing, and audio and video recordings can be made as needed. Note: 1. When interrogating a juvenile criminal suspect, his parents, guardians or teachers shall be notified to be present, except in cases that hinder investigation or cannot be notified. Interrogation can be conducted in public security organs, or in minors' residences, units, schools and other places. 2. When interrogating a deaf-mute criminal suspect, people familiar with deaf-mute gestures shall participate, and the deaf-mute situation of the criminal suspect and the name, unit and occupation of the translator shall be stated in the interrogation record. 3. For criminal suspects who are not familiar with the local language, translators shall be provided. 4. During interrogation, we should listen carefully to the confessions and excuses of the criminal suspect, and it is strictly forbidden to extort confessions by torture or use threats, enticements, deception or other illegal methods to obtain confessions. 5. Recording tools should be writing tools and ink that can be preserved for a long time. Main legal basis 1: All cases should focus on evidence, investigation and study, and don't trust confessions. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is sufficient and reliable, the defendant may be found guilty and punished. (Article 46 of the Criminal Procedure Law) Basis 2: When interrogating a criminal suspect, investigators should first ask whether the criminal suspect has committed a crime, let him state the plea of guilt or innocence, and then ask him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case. (Article 93 of the Criminal Procedure Law) Basis 3: When interrogating a deaf-mute criminal suspect, someone familiar with deaf-mute gestures should be present, and this situation should be clearly recorded. (Article 94 of the Criminal Procedure Law) Basis 4: Before interrogation, investigators should know the case and evidence materials, make an interrogation plan and list an interrogation outline. The first interrogation of the suspect's name, alias, previous name, date of birth, domicile, temporary residence, native place, birthplace, nationality, occupation, education level, family situation, social experience, whether he has been subjected to criminal punishment or administrative treatment, etc. (Article 178 of the Procedures for Handling Criminal Cases by Public Security Organs) Basis 5: When interrogating a criminal suspect, he should be informed that he should truthfully answer the questions of investigators and have the right to refuse to answer questions irrelevant to the case. (Article 180 of the Procedures for Handling Criminal Cases by Public Security Organs) Basis 6: Interrogating juvenile criminal suspects should adopt a different way from adults according to their physical and mental characteristics; Parents, guardians or teachers shall be notified to be present, except in cases that hinder the investigation or cannot be notified; Interrogation can be conducted in public security organs, or in minors' houses, units, schools or other appropriate places. When interrogating a deaf-mute criminal suspect, people familiar with deaf-mute gestures should participate, and the deaf-mute situation of the criminal suspect, as well as the name, work unit and occupation of the translator should be stated in the interrogation record. For criminal suspects who are not familiar with the local language, translators should be provided. (Article 182 of the Procedures for Handling Criminal Cases by Public Security Organs) Basis 7: The interrogation record shall be checked by the criminal suspect or read to him. If there are errors or omissions in the records, the criminal suspect shall be allowed to correct or supplement them, and his fingerprints shall be pressed. After the transcript is verified by the criminal suspect, it shall be signed (sealed) page by page and printed by hand, and it shall be written on the last page that "I have read (or read to me) the above transcript, which is consistent with what I said". If the respondent refuses to sign (seal) or fingerprint, the investigator shall indicate it in the record. The items listed in the interrogation record shall be filled in according to the regulations. Investigators and translators shall sign or seal the interrogation record. Interrogation of criminal suspects can be recorded in writing, and at the same time, audio and video recordings can be made as needed. (Article 184 of the Procedures of Public Security Organs for Handling Criminal Cases) Basis 8: If a criminal suspect requests to write his own confession, he shall be allowed; When necessary, investigators may also ask the criminal suspect to write a confession in person. The criminal suspect shall sign (seal) on the last page of the handwritten confession and press his handprint. After receiving it, the investigators should write "received on a certain day, a certain month, a certain year" on the top right of the home page and sign it. (Article 185 of the Procedures for Handling Criminal Cases by Public Security Organs) Basis 9: At the beginning of the first interrogation of a criminal suspect or when compulsory measures are taken, the investigators shall serve the criminal suspect with the Notice of Criminal Suspect's Litigation Rights and Obligations, and indicate it in the interrogation record or the criminal suspect shall sign the relevant compulsory measures. If the criminal suspect refuses to sign for it, the investigator shall indicate it. (Article 5 of the Provisions of the Public Security Organs on the Application of the Period of Criminal Detention)