Accurately grasp the relevant provisions of the investigation and verification procedures for illegal evidence collection
2022-09-14
The third paragraph of Article 33 of the Supervision Law of the People's Republic of China (hereinafter referred to as the Supervision Law) stipulates that evidence collected by illegal means shall be excluded according to law and shall not be used as the basis for handling cases. On this basis, Article 66 of the Regulation on the Implementation of the Supervision Law of the People's Republic of China (hereinafter referred to as the Regulation on the Implementation of the Supervision Law) has made specific provisions on the investigation and verification procedures for illegal evidence collection, and has clarified the main body of the investigation and verification, the initiation method, the disposal principle and the relevant procedures. From a practical point of view, establishing the investigation and verification procedure for illegal evidence collection is not only the proper meaning of promoting the standardization, legalization and normalization of supervision, but also of great significance for standardizing the investigation and evidence collection, ensuring the quality of cases, and achieving the unity of political, disciplinary and social effects of case investigation and handling. In view of the fact that the investigation and verification procedure is the first creation of the Regulations on the Implementation of the Supervision Law for illegal evidence collection, and there is a large space for future exploration, in order to better understand and grasp this system, the author discusses several issues that need attention in practice in combination with practical work. Basic requirements applicable to the investigation and verification procedure. The Regulation on the Implementation of the Supervision Law has made general requirements for the application of the investigation and verification procedure. The application of law enforcement practice needs to focus on the following aspects: First, the main responsibilities. In accordance with the spirit of Paragraph 1 of Article 66 of the Regulations on the Implementation of the Supervision Law, the supervision and inspection, investigation, case trial, case supervision and management departments of the supervisory organs are the specific subjects of work, which are generally handled according to the principle of "who finds, who accepts, who investigates and verifies". From the perspective of practice, how to understand "according to responsibility"? The author believes that the relevant departments of the supervisory organs should focus on their responsibilities and grasp the spirit of the relevant provisions of the Supervision Law, the Regulation on the Implementation of the Supervision Law, and the Regulation on the Supervision of Law Enforcement by the Supervisory Organs. For example, if the case trial department finds that supervisors collect evidence by illegal means during the work of reading papers, hearing conversations, reading synchronous audio and video recordings, it shall report to the leaders of the supervisory organ for approval according to the procedure, and then submit the case to the case handling department for correction or reasonable explanation according to the work situation, or return the case to the case handling department for supplementary investigation, and the case handling department shall assign investigators to re investigate and collect evidence, It may also notify the case supervision and administration department, who shall handle the case according to the procedures and laws. The second is the startup mode. In accordance with the spirit of Paragraph 1 of Article 66 of the Regulations on the Implementation of the Supervision Law, the investigation and verification procedures can be initiated by authority or application. Launching according to its functions and powers, that is, if the supervisory organ finds that supervisors may collect evidence by illegal means in handling cases, it shall conduct investigation and verification according to its duties. Start according to the application, that is, if the respondent complains or reports that investigators collect evidence by illegal means and provide materials or clues such as the person, time, place, method and content suspected of illegal evidence collection, or if the respondent submits the case to the judicial organ and the judicial organ submits it to the supervisory organ after the case has been transferred to justice, the supervisory organ shall accept and review it; If the legitimacy of evidence collection cannot be proved according to the existing materials, investigation and verification shall be conducted. It should be noted that it is illegal for the investigated to accuse or report the investigators
Edit：Yi Bing Responsible editor：Wei Li Bin
Source：ccdi.gov.cn
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