On The Power Of Technical Reconnaissance Of The Procuratorial Organs And The Legislation

The eleventh meeting of the twenty-second NPC Standing Committee first time considered the PRC Criminal Law Amendment(Draft), the the fifty-sixth provision of the draft clearly stipulates the prosecution of technical investigation right. The procuratorial organ as state legal supervision organ, to investigate crimes on the post is the important embodiment of exercising the right of supervision. Our country’s current investigation measures cannot effectively find the post crime, unable to effectively collect evidence, and cannot effectively exposing collusion and Anti-interrogation behavior. If the power of technical reconnaissance means are given to procuratorial organs on post crime investigation, can effectively compensate for the inadequacy of existing investigation measures. Technical investigation is confidential, technical, tort and forward and an effective mean counter to the increasingly complex crime. It is recognized in the United States, Britain, Italy, Japan and other countries by law and has widely been used. The people’s Procuration as statutory post crime investigation organs, cannot have the technology investigation right, is a defect. This article from the perspective of judicial practice and the power investigation, discusses the reason that technical investigation power is given to procuratorial organ, at the same time, regulate the power, so as to rapidly improve the capability of prosecution on post crime.