When interrogating a criminal suspect and making a transcript, you need to understand the basic situation of the case and relevant evidence materials, and prepare an outline for the interrogation. During the first interrogation, the criminal suspect is informed of his rights and obligations, and then asked about his name, date of birth, place of residence, ethnicity, occupation, education level, whether he has received criminal punishment, etc.
1. What preparations are needed when interrogating criminal suspects and making transcripts (1) Before interrogation, investigators should understand the case situation and evidence materials, formulate an interrogation plan, and outline an interrogation outline. (2) For the first interrogation, the "Notification of Criminal Suspect's Litigation Rights and Obligations" shall be served to the criminal suspect and shall be noted in the interrogation transcript or signed by the criminal suspect in the attachment to the relevant compulsory measures. If the criminal suspect refuses to sign for receipt, the investigators shall indicate this. (3) The criminal suspect’s name, alias, previous name, date of birth, place of household registration, temporary residence, place of origin, place of birth, ethnicity, occupation, education level, family situation, social experience, and whether he has received any education or education should be asked. Criminal penalties or administrative handling, etc. He was also informed that he should answer truthfully the investigators' questions and that he had the right to refuse to answer questions that were irrelevant to the case. (4) Then interrogate the criminal suspect whether he has committed a crime, ask him to state the circumstances of his guilt or excuse his innocence, and then ask him questions. (5) If a criminal suspect requests to write a confession by himself, he shall be allowed to do so; when necessary, investigators may also require the criminal suspect to write a confession in his own hand. The criminal suspect shall sign (seal) and fingerprint the last page of the personal confession. After receiving it, the investigators should write "received on such day and month of such year" on the upper right corner of the homepage and sign their signature. (6) The interrogation transcript shall be given to the criminal suspect for checking or read to him. If there are errors or omissions in the records, the criminal suspect shall be allowed to make corrections or additions and have his or her fingerprints stamped. After the criminal suspect has verified that the transcript is correct, he or she shall sign (stamp) and fingerprint the transcript page by page, and write on the last page, “I have read the above transcript (or read it to me), and what I said to you.” consistent". If the person refuses to sign (seal) or take fingerprints, the investigators shall indicate this in the transcript. (7) The items listed in the interrogation record must be filled in completely in accordance with regulations. Investigators and translators shall sign or seal the interrogation transcript. (8) When interrogating criminal suspects, while recording in written form, audio and video recordings may be made as necessary. (9) Special provisions: When interrogating minor criminal suspects, methods different from those of adults should be adopted based on the minor's physical and mental characteristics; unless it hinders the investigation or cannot be notified, his or her parents, guardians or teachers should be notified Be present; interrogation can be conducted at the public security organ, or at the minor's residence, unit, school, or other appropriate location. When interrogating a deaf or mute criminal suspect, someone familiar with deaf or mute gestures should participate, and the interrogation record should indicate the criminal suspect's deafness or mute status, as well as the name, work unit and occupation of the translator. When interrogating criminal suspects who do not understand the local language, an interpreter should be provided.
Legal provisions: Article 118 of the "Criminal Procedure Law of the People's Republic of China" stipulates: "Interrogations of criminal suspects must be conducted by investigators from the People's Procuratorate or public security organs. Interrogations There must be no less than two investigators. After the criminal suspect is sent to the detention center for custody, the investigators shall conduct the interrogation in the detention center. ”
2. The main content of the interrogation transcript. The transcript has a uniformly printed transcript paper and consists of the following parts: (1) Title. It is "inquiry record". (2) Ask for a brief introduction. According to the prescribed columns, record the time and place of the inquiry one by one, the names of the inquirers and recorders and their work units, and the name, gender, age, home address, and work unit of the person being questioned. If there are other people present during the inquiry, this should also be recorded. (3) Question content. Use a question-and-answer format to truthfully record the testimony provided by the person being questioned. (4) Check the written records. After the interrogation is over, the recorder should show the transcript to the person being questioned or read it to him. If there are any discrepancies, corrections should be allowed. After confirming that it is correct, the person being questioned should write on the transcript "I have read the above records (or have already read them)." read to me), there is no discrepancy". (5) The person being questioned, the interrogator, and the recorder sign in sequence.
3. Characteristics of interrogation transcripts The interrogation transcripts must truthfully and completely record the statements of witnesses and victims.
The handling of interrogation transcripts is the same as the handling of interrogation transcripts of the defendant. It must be handed over to witnesses and victims for verification and allowed to correct errors. If witnesses or victims request to write their testimonies in their own handwriting, they must be allowed to write their testimonies. If necessary, witnesses or victims may also be allowed to write their testimonies in their own handwriting. The order of questioning transcripts should match the actual order of questioning. Both the witness or victim and the interviewer should sign the interview transcript. The interrogation transcript serves as a record of the testimony provided by the witness and has legal seriousness. According to Article 120 of the Criminal Procedure Law of the People's Republic of China, the interrogation transcript should be handed over to the criminal suspect for checking, and if he cannot read, it should be read to him. If there are omissions or errors in the record, the criminal suspect may submit supplements or corrections. After the criminal suspect admits that there are no errors in the transcript, he shall sign or seal it. The investigators should also sign the transcript. If a criminal suspect requests to write a confession on his own, he shall be allowed to do so. When necessary, investigators may also ask the criminal suspect to write a confession in his own hand. The above is a summary of the relevant content about "what preparations are needed when interrogating criminal suspects and making transcripts". I wonder if it will be helpful to you friends? Generally speaking, before interrogating criminal suspects and making transcripts, investigators need to make preparations based on the case. Develop corresponding outlines according to the situation.