1, the query record content is not perfect.
When making an inquiry record, the six elements involved in the content described by the interviewee are incomplete, such as time, place, person, thing, cause and effect, and the contents are incomplete, the facts reflected are unclear, and the sources of the information reflected by the interviewee are unclear. It is impossible to tell whether you saw it with your own eyes, heard it with your own ears, heard it from others or guessed it yourself. For what others said, you didn't specify the name, detailed contact information and the relationship with the case, which made it impossible to verify it further.
2. The inquiry record is not timely.
After the incident, some police officers focused on arresting criminal suspects, failed to collect evidence from the crime scene and relevant insiders in time, failed to make inquiry transcripts in time, and fixed testimony.
3. The key points of the inquiry transcript are not prominent.
When making inquiry transcripts, some transcripts did not closely focus on the facts of the case, the suspects involved, and the items involved. And ask what you want to ask, write down what you want to ask, and ask less key questions related to the nature of the case, guilt and innocence, and the severity of the crime.
4. The inquiry record is not rigorous.
Some interrogation transcripts are illogical. Lack of internal connection and coherence between problems; Some interrogation transcripts are self-contradictory, or the testimony of the interrogators in several transcripts is inconsistent, and there is obvious contradiction between the transcripts and other evidence, which cannot form an evidence chain, resulting in unclear facts of the case and cannot be used as evidence.
5. The record of inquiry is untrue.
In some interrogation transcripts, the interrogated person is influenced by the outside world, and there is a phenomenon of "inducing confessions", which affects the authenticity of the transcripts.
6, do not pay attention to the production of report transcripts.
In criminal technology, there are the following problems:
(1) Someone used a subpoena when making the transcripts of victims and witnesses; When questioning minors, a guardian is needed. If the guardian of a minor victim or witness is not present, the written record shall be invalid. For the deaf-mute, there is no signature of the deaf-mute translator in the interrogation record.
(2) The record of handling criminal cases is the inquiry record paper of handling administrative cases.
(3) The interrogation record shall be signed by a single person. Although some have the signatures of investigators and recorders, they are written by one person at a glance. The names of some investigators or recorders appear in both records at the same time.
(4) Informing rights and obligations are not standardized.
Some comrades handling the case did not standardize the relevant rights and obligations of the interrogators when making interrogation transcripts, some told them incompletely, and some used the legal provisions incorrectly. For example, when they make interrogation transcripts of criminal cases, they take the Regulations on Administrative Penalties for Public Security as the legal basis.
(five) if the interrogation record is altered, added or deleted, it shall not be based on the fingerprint of the interrogated person. Although the relevant laws and regulations do not clearly stipulate that the interrogation record must be signed by the interrogated person before being fingerprinted, if there is any alteration, addition or deletion in the interrogation record, the fingerprint should also be fingerprinted at the signature of the interrogated person, which may play an important or vital role in future litigation activities. In addition, on the last page of the interrogation record, the interrogated person should be asked to write "The above-mentioned record has been read (read) and is consistent with what I said".
Tips to pay attention to:
1, first of all, we must understand the case and judge the key links of the case: the difficulty of this method lies in quickly judging the key links, trying to know more about the case in a very limited time before taking notes, and at the same time seizing the opportunity to collect and extract other fixed evidence.
2. Make an outline first: make clear the contents to be asked in this transcript and the problems to be investigated and solved. This can enhance the purpose, organization and logic of the transcript. Don't think that only formal things can be called "outlines". Handwriting a waste paper letter is also an outline. The key is to "write" and get into the habit of writing down what you think. "Good memory is better than bad writing" is the secret to prevent omissions and improve work efficiency and quality.
3. Make transcripts within the time limit prescribed by law: According to the People's Police Law, interrogation transcripts should be kept for further interrogation (detention); According to the Criminal Procedure Law and the Provisions of Public Security Organs on Handling Criminal Cases (hereinafter referred to as the Provisions), criminal suspects should be interrogated within 24 hours after criminal detention and must be interrogated within 24 hours after arrest.
Skills to pay attention to in the production process:
1, the questions listed in the outline, no matter how the person being asked answers, should be recorded.
2. Records of witnesses, physical evidence and documentary evidence should be as detailed as possible.
3. The record of the four elements of criminal behavior should be as detailed as possible.
4. Pay attention to the use of legal terms.
5. Stick to the law, ask questions and investigate around the law, which echoes the objective characteristics of behavior.
6. Differentiate different objects to determine the tone of the transcript and the focus of the question.
Content of police interrogation record: The main content of interrogation record is the core of the record. Whether it can play a valuable evidence role depends on whether the main content is clear and comprehensive. The main content is embodied in the five elements of inquiry: who, when, where, why and why.