Interrogation record refers to a document made by investigators according to law in the process of criminal proceedings, which truthfully records the questions asked by investigators and the confessions and excuses of criminal suspects. It is one of the main forms of finding out the facts of a case and fixing evidence. It is of great significance to make a good interrogation record for the smooth progress of criminal proceedings, the accurate and powerful crackdown on crimes and the effective protection of citizens' legitimate rights and interests. Different departments of procuratorial organs have different requirements for interrogation transcripts, each with its own emphasis and characteristics. For example, the requirements for the arrest record are concise and clear, and the constitutive elements of the crime are clear; In the prosecution stage, the interrogation record should be comprehensive and detailed, highlighting the criminal facts and sentencing circumstances, and the interrogation record of the self-investigation department also has its own characteristics. The most important thing is to record it truthfully. The so-called truthful record means that the interrogation record should reflect the whole process of interrogation activities, and comprehensively, completely and accurately record the investigators' questions and interrogation methods, the confession of the criminal suspect's guilt and guilt, the plea of innocence and misdemeanor, and the confession attitude of the criminal suspect. A good interrogation record can effectively fix the evidence, force the suspect to plead guilty better, and play a vital role in preventing and stopping the suspect from retracting his confession in court. Let's talk about some superficial views on how to do a good job in the interrogation record of the self-investigation stage. First, the recorder should be fully prepared before interrogation, and do a good job in interrogation and recording. Before interrogation, the recorder should know the basic situation of the criminal suspect and be familiar with the case. Not only should we be familiar with the constitutive requirements of the alleged crime in advance, but also have a certain understanding of the relevant professional knowledge involved in the crime. For example, a case of misappropriation of funds handled by the author involves a large number of stocks and investment and financial management expertise. If the recorder does not understand and study this knowledge, it will be very difficult to record, which will not only affect the recording speed, but also easily lead to recording errors and affect the effect of case interrogation. 2. Investigators and recorders should understand each other's work characteristics, communicate in advance, and cooperate closely and coordinate in interrogation. Recorders must not be reduced to "typewriters"; they can only record passively and mechanically. Instead, we should understand the interrogation skills and strategies of interrogators, pay attention to the interaction with interrogators, but don't interrupt the investigators' thinking. Investigators should also take into account the speed of the recorder to achieve the purpose of interrogation. Second, the transcripts should comprehensively, completely and accurately reflect the actual situation of interrogation activities. 1. The transcript shall truthfully record the defense of the criminal suspect and reflect the changing process of the attitude of pleading guilty. When we make interrogation transcripts of self-investigation cases, we often have a practice, that is, we don't make records when the criminal suspect doesn't confess the facts of the crime, or simply record the policy education of the interrogators or indicate that the criminal suspect is silent. I think the interrogation record should record the education of the host, the suspect's resistance to sophistry, facial expressions and other main contents, so that the record can not only show the prosecutor's rich knowledge and sincerity to urge the suspect to confess, but also fully reflect the stubborn attitude of the suspect to refuse to confess truthfully, which will shock the suspect's psychology, which is also a means to urge the suspect to confess. In addition, the explanation of criminal suspects should be recorded truthfully, which is not conducive to the identification of crimes, and it is not conducive to the comprehensive and objective record, so that the whole record can be complete and true. We should pay enough attention to the explanation of criminal suspects through records and take targeted measures. In our trial, criminal suspects usually make excuses for their criminal acts, some are mistakes in legal knowledge and understanding, some are denial and sophistry. If we take the practice of not recording or recording less and choosing at will, although the content of sophistry is very hidden, finally, from the transcript, the criminal suspect's confession attitude is very good, but it is not a reflection of the real situation, and often hides the hidden dangers of confession, and nine times out of ten it is in the stage of public prosecution or 2. The transcript should record the tone and expression of the suspect during the interrogation at an inappropriate time. When making interrogation transcripts, we should not only accurately and comprehensively record the circumstances of the crime, but also record the tone and facial expression of the suspect during interrogation at inappropriate times. If you refuse to explain, you can record it as: refusing to answer, prevaricating, answering irrelevant questions, making a loud noise; The stalemate stage can be recorded as: silence, meditation, sigh and embarrassment; The performance after confession can be recorded as: crying, regret. It is very true and credible to record the psychological activities of criminal suspects during interrogation through expressions. If the suspect recants in court, reading these records in court can make the judge and the observer clearly understand the attitude and inner activities of the suspect in the process of recanting. Vivid and true image, to a certain extent, suppressed the confession of criminal suspects, which not only greatly improved the trial effect, but also played a certain role in the final conviction and sentencing of the case. 3. Pay attention to some special details when recording. When recording the main plot, don't ignore the recording of the minor plot and some special details. Some details seem to have little to do with the case, but sometimes they play the role of finishing touch, which can further consolidate the main plot, fix the evidence and prevent the suspect from retracting his confession. If the briber denies taking bribes and tells the truth that the briber has never been to his home, it is very important for him to remember the details of that day clearly and record them in as much detail as possible, such as: "It was very cold that day, it should be the coldest day of the year, and it snowed that night", "I remember that his living room was particularly large, and I remember that a cross stitch was hung in the middle to show the Qingming Riverside Scene", and so on. These plots seem to belong to. However, strong proof that the briber has been to the briber's home often becomes the key evidence when the briber refuses to confess, which can strongly refute the sophistry and denial of the criminal suspect and can also play a good proof effect in court. 4, the transcript should not deliberately pursue one step in place. There are misunderstandings in making criminal suspect transcripts. Sometimes the suspect can't remember some criminal circumstances. We often require accuracy, and all criminal facts can be reflected completely and accurately through one or two transcripts. In fact, the criminal suspect's statement of the facts of the case is a subjective and objective process. Due to the influence of time interval and the criminal suspect's memory and expressive power, it is impossible to reflect the whole process of committing a crime completely, accurately and in time, and some plots are also a process of gradually recalling and perfecting. The process of taking notes should also truthfully reflect such a process. Sometimes multiple coherent transcripts can reflect the progressive process of the criminal suspect's staged confession. Such a record is solid, true and credible, and has high credibility in court. For some unclear plots such as the time and place of committing crimes, vague words can be used to define a certain scope, such as: about a certain summer, during the National Day or a week before the Spring Festival. , and then let the object gradually recall or use other people's testimony and documentary evidence to confirm the exact time, and use transcripts to reflect the verification process, and promote it layer by layer, with clear, true and natural links. In addition, some cases may involve some specific figures, and the figures of bribery cases are generally easy to remember. However, it is often difficult to tell the exact amount of embezzlement without looking at the library card. At this time, it is necessary to "show the XX page library card" to help the suspect recall, and then let him tell the specific figures, which will be more in line with the objective and real situation. 3. The record should objectively and fairly reflect the personality characteristics and stage characteristics of the criminal suspect. 1. The transcript shall be truthfully recorded according to the original intention of the criminal suspect's confession, and shall not be mixed with the subjective understanding of the interrogators. When we make transcripts of criminal suspects of different ages and cultural levels, we should also seek truth from facts in the expression of language and characters, so that each transcript can reflect the personality and characteristics of different interviewees. For example, cadres with higher education level can record in fluent, logical and written language, while cadres with lower education level should record in easy-to-understand and colloquial language. For some suspects, try to record dialects and dialects, and then add notes according to the original intention, which can better reflect the objective authenticity of the records. If a person with a low level of education makes a written record of a sentence that is particularly fluent and logical, or even full of French, it may be questioned in court, which will bring a very passive situation to the public prosecution and affect the effect of the trial. More seriously, if it is not accepted by the court, it may affect the conviction and sentencing of the case. 2. When taking notes by computer, it is necessary to avoid the complete consistency of the notes before and after. In order to prevent the suspect from recanting his confession in court, in the investigation stage, the suspect is often interrogated many times and multiple transcripts are formed to prove the consistency and stability of his confession. At present, we usually use computers to record more, but there is a problem. Sometimes, because the confessions of criminal suspects are basically the same, in order to improve efficiency, two transcripts are often completed by copying and pasting, which makes people feel that the contents of the transcripts are almost verbatim, lacking the layering and three-dimensional sense of interrogation at different stages, which not only affects the integrity and authenticity of the transcripts, but also fails to achieve the good effect of fixed confessions, and even becomes an excuse for criminal suspects to retract their confessions. In practice, this has happened. The defendant argued in court that the final transcript was prepared by the interrogators in advance and then signed by them, and pointed out that two confessions of a person could not be exactly the same, and the lawyer also objected to the authenticity and legality of the transcript. Therefore, when we record the same fact and plot many times, it is generally not appropriate to copy and paste this method, but to ask questions from different angles around the criminal plot and record it. If this method must be adopted because of time, it is also necessary to avoid complete similarity. We can rearrange the structure and disrupt the order of some problems without affecting the integrity and logic. In short, we must avoid complete similarity to reflect differences and ensure the consistency and coherence of meaning, so as to better achieve the effect of fixed confession. 3. When handling bribery cases, we should pay special attention to the fact that the records of the briber and the briber are completely consistent. Bribery cases are mostly one-on-one between bribers and bribers. Theoretically, the content of their conversation and the amount of bribes received at the same time and place should be exactly the same, so we should try our best to keep consistent records. However, the author believes that this agreement can be reached as long as the transcripts of both parties can objectively confirm each other and are basically consistent, but it should not be completely consistent and impeccable, otherwise it will be too late, but it will be untrue against common sense. We know that under normal circumstances, two people's memories of the same thing after a period of time can only be similar or similar, and it is impossible to be completely consistent. Due to individual differences and different positions in bribery activities, it is impossible for bribers and bribers to remember the plot of the case exactly the same. If we deliberately pursue a high degree of consistency in details, word for word, we will be suspected of the possibility of retraction and inducement, and the authenticity and legitimacy of the transcript will also be affected. In court, some lawyers objected to the "amazing similarity" of this transcript, which should be paid attention to by the investigation department. Iv. The transcripts shall be made in strict compliance with the formal requirements of 1, and the signatures and seals on the transcripts shall be well done. The signature and seal at the back of each report card seems simple and easy, but it is easy to be ignored. If you make a mistake for a while, or even cause serious consequences, you will lose all your efforts and regret it. For example, the suspect forgot to stamp after the change, and the date on each page was inconsistent. Once these little things are done wrong, they will often be accused of breaking the law by lawyers in court, which will lead to the invalidation of the whole transcript. 2. The signatures of interrogators shall be standardized. In the process of interrogation breakthrough, due to the lack of working hours and other reasons, interrogators sometimes fail to sign the transcripts in time at the end of interrogation, and afterwards, there are also cases where recorders sign on their behalf. According to the provisions of the Criminal Procedure Law, there shall be no less than two interrogators, and the investigators shall also sign the transcripts. Therefore, it is obviously illegal for the recorder to sign the record. Interrogators and recorders must sign the record separately, but they cannot sign it. There is also a situation that we should pay special attention to, that is, when more than two suspects are present at the same time during the trial, and when more than two suspects are tried at the same time, the interrogators can alternately interrogate two objects according to the needs of the case. At this time, it should be noted that the signature of the same interrogator cannot appear on two transcripts at the same time, otherwise it may be questioned for illegal trial. 3. Transcripts don't have to be clean and beautiful. Now the transcripts are usually printed by computer, which is very convenient to modify. Such transcripts are often more neat and beautiful than handwritten ones, and there will be no graffiti. But in many cases, we often let the criminal suspect modify it on the computer, so that the printed transcript will be beautiful without changing a word, but I don't think this method is desirable. After the transcript is printed, it should be checked by the criminal suspect. As long as it is not too big a change, the place where he proposed the change will be revised directly in the transcript. Authors: People's Procuratorate of Xiuning County, Anhui Province