Analysis Of The Residential Surveillance In Appointed Abodes Issues In The Investigation Of Bribery Crimes

According to the Article73of the newly revised Criminal Procedural Law, threecategories of crimes are applicable to the residential surveillance in appointed abodes system,the crimes of endangering state security, terrorist crimes and extraordinarily serious briberycrimes are included. The applicable conditions, contents and implementation of this systemare widely different from the compulsory measures of the residential surveillance. This thesisprobes into the cases of procuratorate’s investigation of the extraordinarily serious briberycrimes which are applicable to the residential surveillance in appointed abodes in a city ofsouth-western China. On the issues of whether the involved interrogations can be executed inthe appointed abodes and duration or not in the process of implementation; whether thesynchronous audio and video recording covers the whole term of the residential surveillancein appointed abodes or not; what the exact right limit scopes of criminal suspect should referto; whether the technical investigation measures prescribed by the newly revised CriminalProcedural Law should be taken ahead of the pre-trial or not; the drawback and the problemon the term of the residential surveillance in appointed abodes and the investigation of the lowapplication rate of it and the like. In terms of these problems mentioned above, this paper digsout some ideas to perfect them. The humble author of this paper holds the opinion that thissystem is the critical part in dealing with the serious bribery crimes, and the application of itmust exist for a long time, however, the protection of rights and the fighting against thecriminals should be the important measure. Therefore, it is necessary to revise the system.Apart from the introduction and conclusion, this paper includes four parts. The first partmainly analyzes the legislation background of the residential surveillance in appointed abodes.The second part summarizes the understanding and application of the residential surveillancein appointed abodes, including the applicable object, character, the influence of criminalsuspects’ right and the surveillance and relief to them. The third part discuss about theproblems of residential surveillance in appointed abodes exist in the investigation of briberycrimes, mainly contain issues of whether the involved interrogations can be executed in theappointed abodes and duration or not in the process of implementation, whether thesynchronous audio and video recording covers the whole term of the specified homeresidential surveillance or not, the exact right limit scopes of criminal suspect, whether the technical investigation measures prescribed by the newly revised Criminal Procedural Lawshould be taken ahead of the pre-trial or not, the drawback and the problem on the term of theresidential surveillance in appointed abodes and the investigation of the low application rateand the like problems. The forth part put forward some ideas to perfect the investigation ofbribery crime and the application of the residential surveillance in appointed abodesrespectively, mainly aims at problems such as the supervision mechanism, the refinement ofimplementation standards, the term and so on.