The Research On The Application Of Technical Investigative Measures In The Duty Crime Investigation

The new Criminal Procedure Law entered into force on January 1,2013 empowered Procuratorate to apply technical measures in Duty Crime investigation. Based on the concept and significance of technical investigation measures, this paper discusses the features of Duty Crimes and argues about necessity and feasibility of the implementation of technical investigation measures by the Procuratorate. By analyzing the relevant provisions of the technical investigation in the new Criminal Procedure, this paper explores the implementation situation of technical investigation measures by the Procuratorate in legislation and practice and studies the existing problems in application. Finally, focusing on specific technical investigative techniques, such as the telecommunications monitoring, testing and inspection, the paper analyzes the key points should be paid attention when the Procuratorate applies the technical investigation measures.This paper consists of three parts, including introduction, body part and conclusion. Introduction section introduces the concept and significance of the technical investigation, as well as its characteristics and history. The main text is the most important part of this paper, and it consists of four parts.The first part is about the necessity and feasibility of the implementation of technical investigation measures by the Procuratorate. On the basis of the features of Duty Crimes, this part first clarifies the necessity from two perspectives. One is about the challenges coming from the new Lawyers Law, and another is about the facilitation brought by the application of the technical investigation methods by the Procuratorate. Then elaborating from the legislative and practical perspective, this part discusses that application of technical investigation measures in Duty Crime investigation has sufficient basis and feasibility. The second section studies the specific technical measures applied in Duty Crime investigation, including telecommunications monitoring, network investigation, polygraph examination and other specific techniques. The third part describes the legislation status about the implementation of technical investigation measures by the Procuratorate and practice status when the Procuratorate applies the technical investigation measures in practice. This section introduces the specific legislation provisions of the technical investigation in the new Criminal Procedure, including the application of evidence obtained by technical investigation, the applicable period of technical investigation measures, the conditions and scope of such measures, etc. At the same time, the part analyzes the shortcomings of legislation, and clarifies the current situation when the Procuratorate applies the technical investigation measures in practice. The fourth part is about some reflections and legislative suggestions on the improvement of the technical measures applied in Duty Crimes investigation.