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Briber Investigation Evidence Collection Research

Posted on:2017-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:J X C MaFull Text:PDF
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Bribery case investigation and evidence collection is for the pr osecution to identify the facts of the crime and arrest ed the suspect, a special inves tigation conducted in accordance with law and the us e of coercive measures to obtain the relevant bribery offenses can prove factual events, referred to herein include early detection of evidence investigation and detection. IQ bribery is a cr ime, crime scene suit small value, te stimonial eviden ce, less material certificate card, easily retracted, investigative manner fragile, cr ime and regeneration behavior hidden, flexible, variable features resulting in a larger investigation and evidence collection difficult.goods, evidence, interrogate suspects, the questioning of witnesses the prosecution is the main method of detection of bribery cases. Comprehensive, in-depth investigation and evidence collection were found in favor of crime or this crime and other crimes, is conducive to the smooth progress of the criminal proceedings, contribute to combating the crime of bribery. Subject-specific, secrecy, according to the law, procedural, confrontational mai n features bribery case investig ation and evidence collection. Ge t search stolen cash andIn practice, bribery case investigation and evidence collection difficulty is not small. Difficult to find evidence of bribery cases mainly in flexible covert criminal means, the crime scene trace, little evidence of a crime, and the perpetrator is controlled so on. Evidence collected hard evidence mainly in fixed difficult to collect resistance, "locked in" Thought restrict the use of coercive measures and practice insiders reluctant to say so on. Investigative agencies specs low, the independence of the investigation of cases poor, according to the lack of evidence of relief, 12 hours is not enough time to call and so expose the investigative powers of duty crime investigation department of the weak configuration problem.Some countries outside on bribery and other corruption cases investigation and evidence collection system is a worthy lesson for us to learn. Based on the US federal government, federal and local procuratorial system parallel side by side, the Independent Prosecutor System of the United States and played an important role in the bribery investigation of corruption cases. Japanese prosecutors are independent of foreign government offices, its exercise of powers according to the law without any agencies, organizations, individuals interference; internal Prosecutor needs to obey the higher command, but how to perform their functions entirely by their own decisions, as long as their actions legitimate, even if contrary to orders from their superiors prosecutor's office, there is still effective. British 1800 s established a presumption of bribery system, provide evidence of bribery after the other, were accused of taking bribes shall provide evidence to the contrary that he did not accept bribes prosecutor, or if it can not put forward evidence to the contrary submitted evidence to the contrary does not reach the degree of proof of his innocence, then presumed crime of bribery of a legal system established that the system in the fight against crime in bribery reflects its value. Singapore set up a strong and efficient Corruption and Bribery Investigation Bureau, it is the only duty crime investigation agency, directly under the president, Bureau of Investigation has a strong right of investigatio n, mainly special investigative powers, warrantless arrest and detention powers in advance. Currently, the country should be based on the new features of bribery and other corruption offenses, the new situation, the timely provision of the United Nations' Convention against Corrupt ion "concerning special investigative techniqu es into domestic law, specifically refi ned in criminal law, it is determined using the Secret Service's Procuratorate, undercover, etc. spec ial investigative measures to continue to strengthen the techni cal inve stigative powers, to deter corruption offenses from the legislation.detection of bribery and other corruption offenses, but also to use caution. Measures to strengthen the use of the technical investigation of bribery in the detection of the investigation is an advantage in today's information technology, the foundation to seek long-term project, must be justice, the basic idea for the timely and efficient follow. Bribery bribery case in developed countries the presumption rule played a huge role in process, it is an effective system to crack "one to one" problem. Judicial reform is to strengthen the judicial power to unswervingly push forward reform of judicial system, overcoming the difficulties encountered in the reform hinder the progressive realization of legally independent and impartial exercise of prosecutorial power. Investigation by investigative strategy is inseparable from the use of the bribery case, the military said: soldiers uncertain situation, the water has no fixed shape, must adopt flexible strategies according to changes in the practice of the merits of the situation to crack cases. Perfect bribery case investigation and evidence collec tion system to improve the level of investigation requires ef forts from syst em construction and application of investigative strategies. Secr et investigation measures are an effective method for theSince the bribery case of natural privacy, flexibility, volatility, etc., as well as the current difficulties faced by our duty crime investigation, to timely and accurate and efficient detection of bribery cases, we need to fully respect the investigation on the basis of the practice of law, drawing on the useful experience at home and abroad, improve the construction bribery investigation system in China, make full use of investigative strategy, starting from the specific characteristics of the case, in order to effectively dismantle the bribery case. In the system construction, we should vigorously strengthen the prosecution of the crime of bribery investigation authority configuration. In the investigation strategy(technology) using the reverse side, to continuously improve Strategies investigators factors can achieve wisdom investigation.
Keywords/Search Tags:Bribery case, investigation and evidence collection, technical investigation, investigation strategy, secret investigation, Procuratorate
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