Application And Review Of The Technical Investigation Measures In The Duty Crime Cases

The new Criminal Procedure Law has been clear about the procuratorial agency can adopt the measures of technical investigation, in handling duty crime cases. It is from the legislation formally established the legitimacy of the technical measures of the investigation of the procuratorial agency, not only conducive to the highly balanced realization of cracking down the crime and protect the human rights of citizens, but also conducive to the investigation agency to expand the investigation means, improving the level and quality of handling cases, realizing the transformation of the investigation pattern. However, the system is only stipulated in principle in the legislation. By lack of normative operation rules, it needed to be further refined and clear. This paper first briefly discusses technical investigation measures basic theory; next discusses the new Criminal Procedure Law in detail about the technical detection measure correlation stipulation; once more, explore the lack and confusion on technical investigation measures; finally put forward the corresponding legislative suggestion, expect technical investigation measures legislation more perfect, can play a more important role in handling duty crime cases.The full text is divided into four parts:Part I: basic theory of technical investigation measures. This section describes in detail the technical investigation of concepts, classification, characteristics, as well as the need to grasp the principles and vital significance.Part II: analysis of technical investigation measures introduced in our institutional framework. This section focuses on technical measures in the new Criminal Procedure Law, while the United Nations Convention against corruption and other international conventions relevant to the technical investigation measures are introduced.Part III: analysis of the new Criminal Procedure Law disadvantages of provisions relating to the technical investigation measures. The new Criminal Procedure Law lacked provisions on the concept and types of technical investigation measures lacked the provisions on approval process and approval authority, lacked supervision and right relief mechanism, as well as the deficiencies like simple types and object limited.Part IV: according to the loss and confusion, puts forward corresponding perfect suggestion. This includes refine the concept and category of technical investigation measures, strengthen the procuratorial public security coordination, clear and approval authority and the procedure, consider giving the prosecution right, strengthen the supervision and restriction on the technical investigation, establish and perfect the tort relief mechanism, expand the application type.