1. 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.
2. If a criminal suspect asks to write a confession himself, it 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. Therefore, the confession record must be seen by the criminal suspect, and if there is an error in the record, it can be revised and signed.
The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect.
If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
If the suspect is arrested, the lawyer hired can apply for bail pending trial.
The public security organ shall not detain a criminal suspect for more than two months after his arrest. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 115 A public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, whether the crime is minor or serious. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Article 122 The interrogation record shall be handed over to the criminal suspect for verification, and read to the criminal suspect if he is illiterate. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. The criminal suspect shall sign or seal his name after admitting that it is correct in the record. Investigators should also sign the records. If a criminal suspect requests to write his own confession, it shall be allowed. When necessary, investigators may also ask the criminal suspect to write a confession in person.
Validation of laws and regulations: June 2024 17