Legal basis for handling methods
1. Article 122 of the Criminal Procedure Law of People's Republic of China (PRC): "The interrogation record shall be checked by the criminal suspect or read to him. If there are omissions or errors in the records, the criminal suspect shall be allowed to supplement or correct them, and his fingerprints shall be pressed. After the transcript has been checked by the criminal suspect, it shall be signed page by page, printed by hand, and stated on the last page that "I have read (or read to me) the above transcript, which is consistent with what I said". If you refuse to sign or fingerprint, the investigators shall indicate it in the record. "
2. Article 201 of the Procedures for Handling Criminal Cases by Public Security Organs: "The interrogation record shall be checked by the criminal suspect or read to him. If there are omissions or errors in the records, the criminal suspect shall be allowed to supplement or correct them, and his fingerprints shall be pressed. After the transcript has been checked by the criminal suspect, it shall be signed page by page, printed by hand, and stated on the last page that "I have read (or read to me) the above transcript, which is consistent with what I said". If you refuse to sign or fingerprint, the investigators shall indicate it in the record. "
Under normal circumstances, the interrogation process is recorded all the time.
After filling in the transcript, the criminal suspect checks the transcript, and if there is no objection to the content, it shall be signed and sealed by the criminal suspect. If the criminal suspect refuses to affix his seal, he shall directly indicate the refusal to sign and affix his seal in the transcript, and directly provide the transcript and interrogation video. If the contents of the transcript are different from what the suspect said, and the suspect proposes to amend the transcript, he shall amend the transcript and let the suspect sign and print it after the amendment.
The Criminal Procedure Law of People's Republic of China (PRC) clearly stipulates that if a criminal suspect or defendant voluntarily confesses his crimes truthfully, admits the alleged criminal facts and is willing to accept punishment, he may be treated leniently according to law. Even if the suspect makes up something that goes against the facts, he should record it truthfully. The confession and excuse of the criminal suspect are the main basis for whether the confession can be recognized, and the confession can be dealt with leniently.
Without a complete chain of evidence, it is impossible to convict only by the confession of the suspect. The suspect is now making up stories and not confessing. As long as the evidence is conclusive and forms a chain of evidence, the suspect will also be convicted. Therefore, after verifying that the transcript is correct, the criminal suspect should sign and seal it. After the objection is raised and amended, it shall be signed and sealed.
Generally speaking, the report card is objective. In view of this situation, two possibilities are not ruled out, so we must be cautious.
First, in the case of question and answer, the clerk's record is generally not wrong, and it is also a record of the true meaning of the parties. I'm also a clerk. During the trial, the original words of the parties have been recorded. However, in the process of signing the record, the parties saw something they didn't say in court, but if they want to say what they have said, they must change or supplement it. Such a simple sentence is likely to change or affect the judgment orientation of the case. If there is nothing wrong with your record, then report it.
Second, when the parties make a long statement, the clerk usually can't keep up with the speed of speech and only records the core content. At this time, the situation of missing points is not ruled out. If the parties ask for supplements, they and the judge are generally impressed by the statements of the parties. If so, they can modify the transcript. It is best to write and seal the formed record to restore authenticity and traceability.
The clerk's record is an important basis and an important part of the court judge's prosecution, investigation and judgment. We must be cautious in handling different situations, and we must always judge and prosecute people at ordinary times.