Since the 18th National Congress of the Communist Party of China,The Party Central Committee’s anti-corruption efforts are unprecedented,Incorporate strengthening the control of occupational crimes into the core theme of the government。The Supervision Law promulgated later,Gives supervisory agencies strong power to investigate job-related crimes,To solve the difficult problem of investigating occupational crimes。However, investigative bet365 kentucky bonus code that can be taken,Especially in terms of the types of mandatory investigative bet365 kentucky bonus code,Still relatively scarce。
The lack of enforcement and investigative bet365 kentucky bonus code hinders modern transformation
According to the provisions of the Supervision Law,The supervisory authority has the right to take talks、Interrogation、Ask、Query、Freeze、Retrieve、Seized、Seizure、Search、Inspection and Inspection、Identification、Detention、Technical bet365 kentucky bonus code and other measures。Among them,Compulsory measures that supervisory authorities have the power to take to interfere with the right to personal freedom,Except for detention measures that completely deprive personal freedom,Lack of coercive measures for short-term deprivation of personal liberty and partial deprivation of liberty (restriction of personal liberty)。For suspects suspected of common crimes,The Criminal Procedure Law provides for custodial summons、released on bail pending trial、Residential surveillance、Five coercive measures of detention and arrest that restrict personal freedom。Use the length of time as the criterion,The custodial coercive measure with increasing severity is summons (up to 24 hours)、Criminal detention (up to about 1 month)、Criminal arrest (extended once to 3 months)。Depending on the degree of restriction on personal freedom,The severity of the increase is bail pending trial (restriction on leaving a certain administrative area)、Residential surveillance (restricted from leaving the residence) and arrest (detention in a detention center)。The compulsory measures to restrict personal freedom stipulated in the Supervision Law,Only retention measures。Although in practice supervisory agencies often detain suspects for short periods of time due to interrogation needs,Or take measures similar to bail pending trial (exit restrictions in the Supervision Law),But after all, it is a lack of such intermediate state of coercive measures to interfere with personal freedom rights。
The compulsory measures that my country’s supervisory authorities have the right to take to interfere with privacy rights,Same lack。For example,Seduction bet365 kentucky bonus code measures used to address systemic corruption in the United States,It is not explicitly allowed to be used in our country。Although Article 28 of the Supervision Law,“The supervisory authority investigates suspected major corruption and bribery and other official crimes,As needed,After strict approval procedures,Technical bet365 kentucky bonus code measures can be taken,Submit it to relevant authorities for execution in accordance with regulations”。And according to the broad interpretation,“Technical bet365 kentucky bonus code measures” should include temptation bet365 kentucky bonus code measures,But the law does not clearly stipulate,There is no precedent in practice,This investigative measure has not yet been used in the bet365 kentucky bonus code of occupational crimes in our country。
The immunity system of tainted witnesses in the bet365 kentucky bonus code of occupational crimes in my country has not been established for a long time,Technical bet365 kentucky bonus code measures are rarely used,The temptation bet365 kentucky bonus code measures lack precedent,Resulting in investigators having extremely limited options for effective investigative measures。In this context,Investigators still tend to choose a mechanical "frontal breakthrough" strategy,Use the traditional "a pen、One piece of paper” survey method,To tire out the suspect physically and mentally through intense interrogation,Use lengthy detention to break through the suspect’s psychological defense,To obtain a guilty confession,To achieve the purpose of conviction。The mechanization of this bet365 kentucky bonus code strategy is mainly reflected in the following aspects: 1,Single target,Aiming at the main official suspect and his accomplice,It is difficult to detect and target corrupt middlemen and bribers;Part 2,Single means of obtaining evidence,Mainly through interrogation by investigators,Ignore other investigative measures and technical means;Part 3,Single idea of bet365 kentucky bonus code,Always seek positive breakthroughs,Convict yourself by obtaining a guilty confession from the suspect,Ignoring the corrupt middlemen from the secondary、Witnesses or relevant staff made a roundabout breakthrough,Collect evidence from surrounding areas,Finally achieved the conviction of the main suspect。
Overseas practical bet365 kentucky bonus code
1st,Tainted Witness Immunity。In the United States,The prosecutor can sign an agreement with the suspect,Require the suspect to provide testimony、Obligations such as appearing in court to testify,And promised not to pursue prosecution for some or all of the suspect’s crimes。After the U.S. prosecutor obtains the consent of the superior prosecutor,No need to go through court review,You can sign the "Non-Prosecution Agreement"。After review, the superior prosecutor believes that it is in the "public interest" and "necessary principle",The agreement can be approved。Article 153E of the German Code of Criminal Procedure,“After members of terrorist organizations commit crimes、Before being discovered,Can report and expose members of other terrorist organizations or provide clues for solving cases,Those who have made a greater contribution to effectively preventing or assisting in the detection of crimes committed by terrorist organizations,Or members of terrorist organizations after committing criminal acts,He has indeed improved his performance,Provide relevant departments with important information related to their criminal behavior that endangers national security,Can be approved by the Federal Attorney General,Submit to the Supreme Court for approval,No prosecution”。Article 14 of the Witness Protection Act in Taiwan,“Although the defendant or criminal suspect is not the principal suspect or accomplice in the case,However, he confessed during the bet365 kentucky bonus code that he had committed the crime、Backhand or related criminal network,Thus enabling the prosecutor to pursue the defendant in the criminal case listed in Article 2 related to the crime,Consider the seriousness of the crime、Damage suffered by the victim、The importance of preventing major crimes from endangering social security and public interest matters,Limited to the circumstances of the crime he confessed to others or the legal penalty is heavier than the crime he himself is involved in and it is subject to the prior consent of the prosecutor,In relation to the crime involved in his confession,Can be punished without prosecution”。
Second,Seduction bet365 kentucky bonus code measures。The use of temptation bet365 kentucky bonus code methods in the bet365 kentucky bonus code of occupational crimes is relatively mature,It is the United States。The United States has used seduction bet365 kentucky bonus code measures in the bet365 kentucky bonus code of official crimes for a long time,The main user agency is the Federal Bureau of bet365 kentucky bonus code (FBI)。1981,The FBI’s “Abscam” seduction bet365 kentucky bonus code operation closes the net,1 Senator、6 members of Congress、1 mayor and 31 other officials were prosecuted and convicted,Causing widespread social concern。This year,The U.S. Department of Justice released the "Attorney General's Guidance on FBI Disguise Operations",Marks the official standardization of temptation investigations for official crimes。This kind of bet365 kentucky bonus code method is convenient for obtaining evidence,Many suspects captured,The suspect has a high confession rate,Played a huge role in the systematic corruption case。Typical bet365 kentucky bonus code pattern,Authorized by FBI headquarters,Investigators looking for suitable undercover candidates,Then setting up a fake company,Purchase necessary office equipment,Inject enough funds to meet the bribery and treat needs of undercover personnel,Arrange undercover agents to meet with the "middlemen" in the corruption chain step by step,Get the trust of the intermediary and then meet with the officials through the intermediary。During this period,Undercover agents attend various dinner parties and look for suitable opportunities to bribe,Bribed multiple officials and secretly filmed them。Having recordings of dozens of officials accepting bribes、After video evidence,Let the FBI "close the net",Concentrate arrests,And enter the litigation process。
Third,Polygraph detection measures。Since the polygraph was developed in the United States a hundred years ago,Polygraph detection measures in the United States、Canada、Japan、Russia and other countries are gradually being used in occupational crime investigations。As of July 1988,U.S. federal courts and 23 states have recognized the evidential validity of polygraph results。The function of polygraph is,By recording various physiological changes (respiration) of the person being measured、Pulse、frequency、 Blood pressure and skin moisture, etc.) to judge people’s emotional changes,Then detect whether what the person being tested is a lie。The role of this instrument in the field of occupational crime bet365 kentucky bonus code is,Detecting the authenticity of witness statements and suspects’ confessions,Provides guidance and reference for investigators’ interrogations and judges’ decisions。
Enrichment of survey bet365 kentucky bonus code and flexibility of survey models
A positive breakthrough in the bet365 kentucky bonus code of occupational crimes in our country,A mechanized investigative strategy that seeks to obtain guilty confessions from suspects through detention and interrogation to achieve conviction,Increasingly incompatible with contemporary trends in which human rights protection is continuously strengthened and investigative techniques become more advanced。Future occupational crime bet365 kentucky bonus code measures,We should move towards enriching the categories、Flexibility of application and detour of strategy,From relying on detention (lien) measures,Move to rely more on transactions (leniency for guilty pleas and immunity for tainted witnesses)、Probing (technical bet365 kentucky bonus code) and seductive (seduction bet365 kentucky bonus code) measures。
The bet365 kentucky bonus code strategy has changed from a frontal breakthrough to a roundabout breakthrough。Traditional job-related crime bet365 kentucky bonus code measures first identify the main suspect,Then interrogate him,High intensity will often be used when interrogation does not go well、Long-term detention measures to break through the suspect’s psychological defense,Let them provide a confession to prove their guilt。Future occupational crime bet365 kentucky bonus code strategies,Should turn to a roundabout breakthrough。Specifically,Including through transactional investigative measures,Breaking through secondary accomplices and tainted witnesses,In exchange for testifying against the main suspect,Complete Conviction。
The bet365 kentucky bonus code method changed from open bet365 kentucky bonus code to covert bet365 kentucky bonus code。Off-duty crime bet365 kentucky bonus code by public interrogation,Most of the incriminating evidence obtained is witness testimony and the defendant’s confession,Due to the suspect’s high alertness and tenacious resistance,Extremely difficult to obtain,And the proof is weak。Surveillance, surveillance and temptation bet365 kentucky bonus code measures,Use a covert method,The evidence obtained for job-related crimes is mostly audio, video and documentary evidence,The suspect was unaware during the bet365 kentucky bonus code,The evidence collection process is synchronous and forward-looking,It is easy to obtain evidence of crime,And strong proof。However,Due to the lack of detailed regulations,The rulers are extremely worried that these two investigative measures will be abused,Resulting in the use of surveillance in occupational crime investigations,And the temptation bet365 kentucky bonus code lacks precedent。
(Author’s Affiliation: Wang Jian bet365 kentucky bonus code School of Suzhou University)
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