Study On The Supplementary Investigation Procedure Of Duty Crime

Through the reform of supervision system,China has re integrated the previously scattered anti-corruption resources and anti-corruption forces,and built a supervision system with Chinese characteristics.Most of the investigation power of duty crimes originally exercised by the procuratorial organ has also been transferred to the supervisory committee.Article 170 of the criminal procedure law stipulates the supplementary investigation procedure in the stage of examination and prosecution of supervision and investigation cases,which is an important link in the handling of supervision and investigation cases.The supplementary investigation procedure embodies and strengthens the supervision function of the procuratorial organ,which plays an irreplaceable role in improving the handling quality of duty crime cases.But at present,many details related to the supplementary investigation procedure of duty crime cases in the criminal procedure law and the supervision law are not involved.The lack of laws makes the case handling organs unable to rely on them in the process of handling cases.The root of a series of problems faced by the supplementary investigation procedure in practice lies in the lack of provisions on the stage positioning of the supplementary investigation procedure in the law,and there are disputes on the nature of the procedure in the theoretical and practical circles.This dispute causes that the practical departments have no way to deal with the following problems:whether to apply the criminal procedure law or the supervision law in the supplementary investigation;whether the lawyers can intervene in the supplementary investigation procedure and enjoy the corresponding defense rights;how to transform the compulsory measures for the criminal suspects;whether the procuratorial organs can actively supervise the supplementary investigation activities of the supervision organs And guidance.To solve these problems is of great significance for the handling of duty crime cases,which has become an urgent need for the smooth handling of current duty crime cases.In the stage of returning to supplementary investigation,the affiliation between the case and the procuratorial organ is not affected.Considering the purpose and function of the supplementary investigation procedure,the starting subject and the power basis of the operation,the case is still in the criminal justice stage.Therefore,it is necessary to clarify the stage of the supplementary investigation procedure of duty crimes in the legislative level and determine the application of law in the procedure.On this basis,the lawyer should be allowed to meet and communicate with the criminal suspect at this stage,and participate in the investigation and evidence collection of the case to protect the legitimate rights of the criminal suspect.In addition,it is necessary to perfect the conversion and connection of the compulsory measures at the stage of supplementary investigation procedure through legislation or judicial interpretation to make up for the system gap in practice.As a legal supervision organ,the procuratorial organ should also strengthen the supervision and guidance of the supplementary investigation activities of the supervision organ according to the provisions of the criminal procedure law,so as to ensure that it can give full play to the due functions of the supplementary investigation procedure in practice.