[Empirical Disciplinary Law] How to grasp the relevant regulations on the implementation of the supervision law on the protection system of the witness protection system

(Original title: How to grasp the relevant regulations on the implementation of the supervision law on the protection system of the witness?

Article 90 of the "Regulations on the Implementation of the Supervision Law of the People's Republic of China" (hereinafter referred to as the "Regulations") stipulates that witnesses, appraisers, and victims (hereinafter collectively referred to as witnesses) have faced danger of personal safety of my or close relatives and requested to protect the supervisory authority for protection The supervisory organs shall accept and review them in a timely manner; for those who do have personal safety and danger, the supervisory organs shall take necessary protection measures. This is the first time that the witness protection system is made in the supervision regulations. We believe that we can grasp it from the following aspects.

Standardize the startup program. The first is to clarify the reason. Whether it is caused by testimony caused by testimony is the primary problem to determine whether to implement witnesses protection. It is not caused by testimony, but other reasons. For example, civil disputes such as production and operation, borrowing loans, etc., you cannot ask the supervisory authority to protect it. The second is to grasp the scope of protection. The "Regulations" stipulate that the objects of protection are only witnesses and their close relatives, including close relatives including couples, parents, children, compatriots and sisters. Other personnel such as friends, neighbors, couples, and others may be implicated by cracking down on retaliations, generally not in this type of protection. If the above personnel are facing personal safety and danger due to witnesses, they can be resolved through alarm and other channels. The third is to review and protect the necessity. Regardless of the application or in accordance with the job, the contracting department shall combine the nature of the case, the social danger of the investigator, the importance of witness and testimony, the self -protection ability of the witness, whether the person who is investigated is taken, etc. Evaluate the reality and threat of witnesses or their close relatives' personal safety, and carry out the need for protection of necessity. For example, public official A was investigated for suspected corruption, and the financial staff of the unit where A was located refused to cooperate in front of the evidence. After knowing and verifying many parties, A In order to avoid the crime, he instructed others to use dangerous means to threaten B to act according to his wishes, which not only caused B's personal safety to face danger, but also severely disturbed the case. Because B's testimony is more important and its personal safety is facing reality and urgent situations, the supervisory organs should immediately take measures to protect them.

Clear protection measures. In practice, different protection measures should be taken according to the degree of danger faced by the protected person and protected by grades. First, when the other party has no specific personnel orientation, but has clear intimidation, it can consider using personal information such as the real name, address, and work unit of the non -disclosure. If the above -mentioned information is not disclosed in the interrogation person and other links, the pseudonym is used in legal documents such as conversation, news (inquiry) question materials or prosecution opinions. If the whole process of recording and recording the whole process, you can refer to the relevant practices of the public security organs to properly handle the video and audio data. Second, when the relevant information of the protected person has been learned by the other party and faced with a heavy threat such as chasing interception and entanglement, measures that prohibit specific personnel from contacting the protected person. For example, informing the specific personnel, it is forbidden to contact the protected person within a certain period of time. Third, when the protected person is facing more serious personal safety hazards such as being beaten and illegally restricting personal freedom, special protection measures for personal and residential houses can be taken. If the protected person's consent, take targeted measures on personal and residential safety to prevent violations. In practice, one of the above -mentioned protection measures can also be taken, or a number of them can be taken. It can be comprehensively considered according to factors such as the level of security threats and the progress of the case.

Pay attention to issues. The first is to clarify the subject of witnesses. The "Criminal Procedure Law" stipulates that the main body of the protection of witnesses is public security, procuratorial, and trial agencies. According to the "Regulations", the supervisory authority is the investigation department of duty illegal and duty crimes, and it is also the main body of witness protection. If the case is not sent to the judicial organs, the supervisory organs can be responsible for the protection of witnesses; if the case is transferred to the judicial organs, they must clarify their respective responsibilities and strengthen cooperation. The supervision organs should strengthen supervision and ensure the implementation of responsibilities. Those who need to carry out witness protection work across the region shall assist in the supervisory agencies of the supervisory agencies applying for cases to assist in the residence of witnesses. If the jurisdiction of the case involved in the case is changed, the protection of the witness is transferred at the same time, and the witness protection subject is the supervisory authority of the new jurisdiction. The second is to adjust the protection plan in time. The supervisory organs shall adjust the protection plan or terminate the protection work in a timely manner according to the progress of the case and the degree of security threats of the security. Among them, if the protection of witnesses is carried out across regions, the supervision organs that apply for the case involved in the witnesses may consult the supervision authority to assist in taking corresponding protection measures. The latter shall agree to the former before adjusting the protection plan. For example, when the supervisory organs of the city B of the province A handle a crime case together, the key witnesses live in the province's city C. They are entangled and entangled by the relevant personnel for testimony. It was asked for a written notification to prohibit relevant personnel from contacting the witness within the period of the case handling. After the danger of the body disappears, if the city's supervisory organs think that the protection of the protection can be terminated in time according to the witness's application or after evaluation, the city's supervision organs shall be terminated and the protection work shall be terminated.

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