As a kind of investigation, identification is not explicitly stipulated in the Criminal Procedure Law, but it is specifically stipulated in the regulations of the Ministry of Public Security and the rules of the Supreme People's Procuratorate. Identification is a method often used in investigation procedure, which is of great significance for finding out the true situation of the case, verifying the evidence and arresting the criminal suspect.
Identification program:
According to the provisions of the Ministry of Public Security and the relevant provisions of the Supreme People's Procuratorate, the appraisal shall follow the following procedures:
1. If a public security organ or a people's procuratorate needs to identify a criminal suspect in the investigation of a case within its jurisdiction, it shall be approved by the person in charge of the case-handling department or the procurator-general.
2. Identification shall be conducted under the auspices of investigators. There shall be no less than two investigators responsible for identifying cases investigated by public security organs. Before the appraisal, the appraiser should be asked in detail about the specific characteristics of the appraised object, especially to avoid the appraiser seeing the appraised object, and should be informed of the legal responsibilities that the appraiser should bear if he intends to make false appraisal.
3. When multiple appraisers appraise the same object, each appraiser shall appraise it separately. When necessary, witnesses may be present.
4. When identifying, the object of identification should be mixed with other people or objects, and no hint should be given to the appraiser. When public security organs identify criminal suspects in investigation cases, the number of people identified shall not be less than 7; When identifying photos, the number of identified photos shall not be less than 10. In the case of self-investigation by the people's procuratorate, when identifying the criminal suspect, the number of people identified shall not be less than 5; When identifying photos, not less than 5 photos should be identified; When identifying articles, there shall be no less than 5 similar articles.
5, the public security organs to investigate the case, the appraiser is not willing to open, can be carried out without exposing the appraiser, investigators should keep it confidential.
6. For the appraisal, a record shall be made, which shall be signed or sealed by the investigators, witnesses and witnesses who presided over and participated in the appraisal.
Identification procedure in criminal cases
Appraisal refers to the investigation activities in which public security organs and people's procuratorates assign or hire people with specialized knowledge to identify and judge some specialized issues in a case in order to find out the case.
Identification program:
1, appraiser. There are two ways to select appraisers: one is assignment, that is, the public security organ or the people's procuratorate assigns professionals with appraisal qualifications from its internal criminal technical appraisal department for appraisal; The second is hiring, that is, the public security organ or the people's procuratorate hires professionals from other departments to conduct appraisal. The appraiser entrusted or hired shall be a person who has certain professional knowledge, has no interest in this case and the parties to this case, and can ensure an objective and fair appraisal.
2. The investigation organ shall provide necessary conditions for the appraiser to conduct appraisal, send relevant samples, comparative samples and other original materials to the appraiser in time, introduce the situation related to appraisal, and clearly put forward the problems that need to be solved by the appraiser, but shall not imply or force the appraiser to make certain appraisal conclusions.
3. Appraisers should abide by professional ethics and adhere to the principle of seeking truth from facts. If an appraiser intentionally makes a false appraisal, he shall bear legal responsibility.
4. After the appraisal, the appraiser shall write the appraisal conclusion and sign it. The appraisal conclusion shall give a clear answer to the questions raised by the investigators and explain its scientific or technical basis. In practice, the appraisal conclusion is generally made in the form of an appraisal book.
According to the second paragraph of Article 120 of the Criminal Procedure Law, if the controversial medical appraisal of personal injury needs to be re-appraised, or the psychiatric medical appraisal should be conducted by the hospital designated by the provincial people's government. After the appraisal, the appraiser shall write the appraisal conclusion, which shall be signed by the appraiser and stamped with the official seal of the hospital.
5. Investigators shall review the expert conclusion of the appraiser, and if in doubt, they may ask the appraiser to make supplementary appraisal. When necessary, an appraiser may be appointed or hired for re-appraisal.
According to Article 12 1 of the Criminal Procedure Law, the investigation organ shall inform the criminal suspect and the victim of the expert conclusion used as evidence. If a criminal suspect or victim applies, he may conduct supplementary appraisal or re-appraisal to protect the legitimate rights and interests of the criminal suspect or victim.
What are the provisions on appraisal in the Criminal Procedure Law?
According to different appraisal standards, appraisal can be divided into different types.
1, according to different objects, it can be divided into personal identification, photo identification, object identification, place identification and corpse identification.
2. According to different recognition methods, it can be divided into "one-to-one" recognition and mixed recognition. Among them, mixed identification includes mixed identification of photos and articles and identification of suspects in line.
3. According to the different identification subjects, it can be divided into victim identification, criminal suspect (defendant) identification and witness identification.
4. According to different identification stages, it can be divided into investigation identification and court identification.
The appraisal record has always been used as evidence, but it is not clear what form of legal evidence it belongs to. Some people think that the victim identification record belongs to the victim statement, the criminal suspect identification record belongs to the criminal suspect confession, and the witness identification record belongs to the testimony. The new Criminal Procedure Law defines the identification record as an independent form of evidence.
Although identification, as an effective method of proof, is widely used in investigation and trial practice, and identification record, as a legal type of evidence, is also confirmed by the newly revised Criminal Procedure Law, the norms of identification procedure in China's legislation are lacking. There is no relevant provision in 1996 Criminal Procedure Law, and there is no basis for identifying people and things in practice, which leads to different methods of organizational identification of investigators, and the identification results are arbitrary and lack of objectivity.
In order to make up the legislative blank, the Ministry of Public Security and the Supreme People's Procuratorate have made corresponding provisions on the appraisal procedure in the Provisions on the Procedures of Public Security Organs Handling Criminal Cases and the Rules of Criminal Procedure of People's Procuratorate respectively.
The 1998 Procedures for Handling Criminal Cases by Public Security Organs promulgated by the Ministry of Public Security has the following provisions on appraisal:
Article 246 In order to find out the case, investigators may, when necessary, let the victim, criminal suspect and witness identify articles, documents, bodies, places or criminal suspects related to the crime.
The identification of a criminal suspect shall be approved by the person in charge of the case-handling department.
Article 247 Identification shall be conducted under the auspices of investigators. The investigators responsible for the appraisal shall not be less than two.
Before organizing the appraisal, the appraiser should be asked in detail about the specific characteristics of the appraisal object to avoid the appraiser seeing the appraisal object.
Article 248 When several appraisers appraise the same subject matter, they shall appraise it separately.
Article 249 During authentication, the object of authentication shall be mixed with other objects, and no hint shall be given to the appraiser.
When identifying a criminal suspect, the number of people to be identified shall not be less than seven; There shall be no less than ten photos to identify the criminal suspect.
Article 250 If the identity of a criminal suspect is unwilling to be made public, it may not be made public, and investigators shall keep it confidential.
Article 251 A record of the appraisal process and results shall be made, which shall be signed by the investigators and signed or sealed by the appraisers and witnesses.
The Rules of Criminal Procedure of the People's Procuratorate promulgated by the Supreme People's Procuratorate on 20 12 has the following provisions on appraisal:
Article 210 In order to find out the case, when necessary, the public prosecutor may let the victim, witness and criminal suspect identify the articles, documents and bodies related to the crime; Victims and witnesses may also be asked to identify criminal suspects, or criminal suspects may identify other criminal suspects. The identification of a criminal suspect shall be approved by the chief procurator.
Article 211 Appraisal shall be conducted under the auspices of a public prosecutor. Before the appraisal, the appraiser shall be asked in detail about the specific characteristics of the appraiser or the appraised object, and the appraiser shall be prohibited from seeing the appraiser or the appraised object, and shall be informed of the legal responsibilities that the appraiser shall bear for deliberately making false appraisal.
Article 212 When several appraisers authenticate the same person or the same article, each appraiser shall conduct it independently. When necessary, witnesses may be present.
Article 213 During identification, the object of identification shall be mixed with other people or articles, and no hint shall be given to the identifier. When identifying a criminal suspect, there shall be no less than five people to be identified and no less than five photos. When identifying items, there shall be no less than 5 similar items and no less than 5 photos.
Article 214 A written record shall be made for the appraisal, which shall be signed or sealed by the relevant personnel participating in the appraisal.
Article 215 The people's procuratorate may invite public security organs to participate in or assist in the appraisal.
How many appraisals were made by public security organs and how many were made by procuratorates? Judges and lawyers can only see the appraisal record, but can't see the appraisal process.