The Research On Technical Investigative Measures In The Duty Crime Investigation

In order to better fight against the crime of corruption, the technical investigativemeasures are included in the new Criminal Procedure Law came into effect onJanuary1,2013, This is an important symbol of our technical investigative measuresincluded into the Criminal Law range constraints, and has changed the situation of ourtechnical investigative measures outside drifted away from the Criminal Procedure,lack of full and proper legal basis.This article around the concept of the technical investigation measures, the prosand cons of the technical investigation measures, the crimes investigation process oftechnical investigative measures, combined investigative practices and detectiontheory as well as in-depth discussion of some of the advanced countries of the rule oflaw in the international practice and law, To hope the technical investigative measuresin the judicial practice better to play a positive role to fight against the duty corruptioncrime criminal proceedings under regulation.This article concludes introduction, main text and conclusion. Among them themain text is the important part of this article, and it consists of five parts.Part1: Overview of the technical investigation.Overview of technical investigative measures is divided into three parts. The firstpart describes the technical concepts and types of specific measures of theinvestigation. The second part is the comparison of the concept of the technicalinvestigation and other similar concepts such as investigative techniques, thetemptation investigation. The third part of the characteristics of technical investigativemeasures was introduced into highlight differences with traditional investigativemeasures. The forth part analyzes the pros and cons of using technical measures todetect, emphasizing the advantages outweigh the disadvantages in the currentenvironment of using technical investigative measures in the crimes investigation bothat home and abroad.Part2: Comparison of technical investigation at home and abroad.In this section, the main foreign legislation and practice conditions investigated,including the rule of law in the United Kingdom, the United States, Germany andFrance and other advanced countries in the technical investigation practices. Also our domestic legislation and practice conditions on technical investigative measurescombing demonstrated the process of the technical investigative measures in our lagby the legislation to be included in the Code of Criminal Procedure specification.Part3: The necessity and feasibility of using technical investigative measures.This section focuses on crimes committed as the means of crime, changingmethods produce new trends, so that the crimes committed by showing a seriesfeatures, such as more intelligent, concealed, job-related crimes anti-detectioncapabilities continue to increase. In order to improve the efficiency of CrimesInvestigation, follow with the international anti-corruption standards, it’s necessary touse technical measures to detect the duty crime investigation process. On the otherhand, the use of technical investigative measures in the duty crime investigationprocess can play the role of anti-corruption with the political discipline in the party,technical investigative measures with the effective legal regulation are not necessarilyviolations of the legitimate rights of citizens, procuratorial organs also be able to takefull play to their investigative functions, it’s feasible to use technical measures incrimes investigation.Part4: The specific use of technical measures in crimes investigation.In this section, mainly from the application of the principles of technicalmeasures to detect, the use of the subject and scope of the case, the collection andreview of evidence information obtained, channels for relief of the parties to discussthe specific implementation of technical investigative measures in the process ofcrimes investigation. In the application of the principles include the principle of strictexamination and approval, the principle of strict restrictions on the use of the principleof confidentiality, strengthen supervision, the principle of the right to relief. In the useof the subject and application of the scope of the case, combined with the newamendments to the Code of Criminal Procedure of approval, the implementation ofthe main range of technical investigation of the case was discussed. In the collectionand review of evidence data, explores the data collection of evidence, evidence ofrestrictions on the use of the information and evidence data review and the exclusionof illegally obtained evidence. In the channels for relief of parties, the parties shallhave the right to know, the right to request confidentiality, access to compensation andthe right to compensation was discussed.Part5: The improvement of the technical detection measures.This part right from the further refinement of the existing law, giving the procuratorial organs independent use technical measures to detect, establish aneffective supervision system to explore some perfecting consideration of theprocuratorial organs technical investigation right.