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The difference between interrogation and interrogation
Legal analysis: 1. About the object of inquiry and interrogation.

The difference between inquiry and interrogation is that the object of interrogation is the criminal suspect and the criminal defendant, that is, the object of being put on file for investigation because of suspected crime; The objects of inquiry are witnesses, victims and insiders. The questioning of witnesses should be conducted separately.

Second, about the time of interrogation and inquiry.

Whether it is inquiry or interrogation, we must follow legal procedures. The legal procedures for interrogation are summoning and compulsory summoning, and the time limits for summoning and compulsory summoning in China's Criminal Procedure Law are as follows:

(1) The maximum duration of summons and forced summons shall not exceed 12 hours; If the case is serious and complicated and detention or arrest measures are needed, the time for summoning and detention shall not exceed 24 hours.

(2) The criminal suspect shall not be detained in disguised form by continuous summons or compulsory summons.

(3) A criminal suspect who has been detained or arrested shall be interrogated within 24 hours after detention or arrest. If it is found that he should not be detained or arrested, he must be released immediately.

It is not difficult to see from the above that the interrogation duration is generally not more than 12 hours, and the longest is not more than 24 hours. The legal procedure of interrogation requires investigators to show their work permit and notice of inquiry, but the time of interrogation is not stipulated in China's criminal procedure law.

Iii. About the place of inquiry and interrogation

The difference between interrogation and inquiry is that the criminal procedure law of our country clearly stipulates the place of interrogation: "Investigators can ask witnesses on the spot, or they can go to the unit, residence or place proposed by witnesses, and when necessary, they can inform witnesses to provide testimony at the people's procuratorate or public security organs." Therefore, the place where the procuratorial organ asks is the unit where the person being questioned is located, the residence of the person being questioned, the place proposed by the person being questioned, and the procuratorate.

However, regarding the location of interrogation, China's Criminal Procedure Law stipulates: "After the criminal suspect is transferred to the detention center for custody, the investigators shall interrogate in the detention center." It is clear here that after the criminal suspect is taken into criminal detention, arrested and transferred to the detention center for custody, the interrogation place is required to be in the detention center. For a criminal suspect who does not need to be arrested or detained, he can be summoned to the designated place of the city or county where the criminal suspect is located or to his residence for interrogation, but he should produce the certificate of the public security organ or the people's procuratorate. It is clear here that the interrogation of the criminal suspect who has not been transferred to the detention center should be conducted at the designated place of the city or county where the criminal suspect is located or at his residence. In the practice of investigating and handling duty crimes, the above-mentioned designated places are generally in the interrogation room of the procuratorate's case-handling area.

Four. Notice of inquiry and interrogation

When making the interrogation record, the procuratorial organ shall inform the criminal suspect: "We are the staff of a procuratorate, and we are interrogating you according to the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC). Should answer truthfully, make false statements or conceal criminal evidence, and bear legal responsibility. "

When making an inquiry record, the interviewee should also be informed: "We are the staff of a procuratorate. According to the provisions of the Criminal Procedure Law of People's Republic of China (PRC), anyone who knows the case has the obligation to testify; When testifying, evidence and testimony shall be truthfully provided. Those who intentionally commit perjury or conceal criminal evidence shall bear legal responsibility. "

In addition to the above differences, interrogation and interrogation transcripts should also be handed over to the criminal suspect and the interrogated person for verification. If the other person can't read, the investigator should read to him. After reading or reading, you should sign the record.

The object of interrogation is the criminal suspect, and the object of interrogation is the victim or witness. Another big difference is that the location of interrogation is different from that of interrogation. The place of trial is in the detention center, and the place of trial can be anywhere designated by the other party.

Legal basis: Article 124 of the Criminal Procedure Law of People's Republic of China (PRC), investigators may question witnesses on the spot or at the unit, residence or place proposed by the witness. When necessary, the witness may be notified to testify in a people's procuratorate or a public security organ. When questioning witnesses on the spot, they should show their work certificates, and when questioning witnesses at their units, residences or places proposed by witnesses, they should show their certificates from people's procuratorates or public security organs.

The questioning of witnesses should be conducted separately.