[Empirical Disciplinary Law] How to grasp the relevant regulations on the implementation of the supervision law on the search work

(Original title: How to grasp the relevant regulations on the implementation of the supervision Law on the search work? Adhere to the standards, meticulous comprehensive, accurate and effective in accordance with the law)

Search is a key measure to directly obtain relevant evidence and find clues to investigate duty crimes in the supervision organs. It is also an important means for breakthroughs and promoting case investigation. Generally, it is carried out in time after the investigators are filed and taken in time. Regulations on the Implementation of the Supervision Law of the People's Republic of China (hereinafter referred to as the "Regulations") Specialized in Chapter 8 Section 8 of the Supervision Permission. Specific regulations on the application and work requirements of the supervision organs to take search measures. Investigators should strictly implement the relevant system specifications, strengthen procedure awareness, searches in accordance with regulations and discipline and law, and lay a solid foundation for the high quality of the case. In practice, we should focus on the following aspects.

Search shall be regulated according to law. First, in accordance with the "Regulations", the search should be carried out "after approval in accordance with regulations". Here "according to regulations" refers to the provisions of the "Provisions of Supervision and Law Enforcement Work" in the "Regulations on the Supervision and Law Enforcement Work". In practice, if an emergency is encountered, if it is found that those who may be hidden, destroyed, or transfer criminal evidence, or hidden the investigators, they can also search first. After the search is over, the relevant procedures will be made in accordance with the prescribed approval authority within 24 hours. Other searches for other urgent situations that have not been approved or have not existing above are illegal searches. The second is to choose a witness when searching for the case. Article 113 of the Regulations clearly stipulates that when searching, witnesses should be present, and supervisors shall not be witnesses. The establishment of a witness system is to standardize the use of search measures, ensure the authenticity and legitimacy of search, and to ensure legitimate rights and interests such as the person investigators. In practice, it is advisable to be served by the staff of the person where the investigator is located when searching for office space. When searching for the residence of the person in the investigation, the community property and community staff are generally used as witnesses. The third is to pay attention to standardized and civilized law enforcement during the search process. Article 117, paragraph 1 of the Regulations stipulates that "when searching, it should be avoided by those who are not suitable for the searches at the search site." This is the first time that the "unparalleled" when the supervision organs searched in the regulations stipulated in the regulations. Adults (special crowds) avoid systems. " In the practice of law enforcement, the supervisory organs should avoid minor children, elderly parents, patients and other people being present when searching, avoiding unnecessary harm to such people, maintaining their physical and mental health, and ensuring that search is more secure and civilized. For investigators, during the search process, they must abide by discipline and obey command. They must not change the search objects and expand the scope of the search. They must not destroy the items at the search site for no reason. After the search work, pay attention to the recovery of the search site. It cannot be searched because of tight time and task heavy grass, or in order to achieve a better search effect, the scope of search scope of the search has not been approved, such as expanding from a searched office to multiple office spaces in the search company.

Search should be meticulous and comprehensive. The first is to grasp the focus of search. Before the search, a comprehensive and in -depth investigation should be carried out. It should be sorted out of the property involved in the case of the investigators and relevant personnel involved in the process of the first nuclear, and grasp the focus of the search. When implementing the search, we should closely pay close attention to the movement of the search site, keep an eye on key persons, critical places, and key items. Searching for each area must be conducted one by one to improve the sensitivity to important items, so as to have a focus, full coverage, and no dead ends. The second is that the synchronous recording video of the search must be the same process of the whole process and the whole process to prevent evidence from the controversy caused by procedural flaws and whether the evidence is authentic. Pay attention to the comprehensive, complete, and authenticity of the entire search site and the search process. Generally, since the search work at the scene, it will be recorded uninterrupted when the search is over. The entire process of searches shall be recorded at the same time, and the items are placed in a fixed camera for the specified location of the fixed camera for the specified camera and guarded by a special person. If the record is suspended for objective reasons, a written statement shall be performed.

Search should be accurate and effective. The first is effective fixed evidence. The purpose of the search is to collect evidence and search the relevant items or materials of the person investigated, and obtain important evidence support for the investigation of the case. Searching and seizure and seizure are often used in practice and often use investigations at the same time. Article 116 and Article 118 of the Regulations clearly stipulate the requirements for evidence collection and other evidence collection requirements. For the seized important physical evidence, book evidence, audiovisual data, electronic data, and its placement and storage location, they should be taken, and text descriptions are made in the "Search Intellectual Records". We must adhere to the principle of fixed on the spot, otherwise the seized evidence may not be corrected due to defects in the procedure, causing the evidence to be applicable. The second is to regulate the production of "Search". The "Search Intelligence" should be produced on the spot, and the search process cannot be briefly summarized. It is necessary to record the search time, place, search number, participants, search process, or whether there are emergencies, etc. At the same time The person's identity information and contact information, etc., require the two to sign the transcript, and sign the investigator. For important evidence seized, the names, characteristics, quantities, and quality of items should be loaded in detail, and the content of the attachment cannot be explained in general.

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