On The Application Of Undercover Investigation In Official Crime Cases

Currently,China has put forward new requirements for anti-corruption.At the same time,the educational background and anti-investigation ability of corrupt elements are gradually improving.However,the investigative organs of duty crime lacks new powerful means to crack down on duty crimes.Under such circumstances,a new means of investigation is needed to cope with the new trends and developments of duty crimes.Undercover investigation is undoubtedly one of the means worth considering.In view of the lack of legislation and judicial practices on undercover investigation of duty crime in China,it is urgent to establish the system of undercover investigation of duty crime.Constructing the system of undercover investigation of duty crime should include the applicable conditions,the subject of implementation,relevant procedures and the exemption of undercover investigators from liability for illegal and criminal acts.Concerning the applicable conditions of undercover investigation of duty crime,we should start with the types of duty crime and the necessity of their application,and finally determine that undercover investigation can be applied to such types of duty crime as embezzlement and bribery with a statutory penalty of more than three years' imprisonment.In order to ensure the secrecy and standardization,undercover investigation needs to be carried out by the formal investigators who meet certain conditions.Simultaneously,the application of undercover investigation is subject to strict procedural restrictions.These procedures include the examination and approval process of starting undercover investigation,formulating the implementation plan,reporting in the implementation process,rules of collecting evidences in the undercover investigation,and the post-mortem supervision of the case management department of the State Supervisory Commission,procuratorial organs and judicial organs.And,the exemption of undercover investigators from illegal and criminal acts needs to be considered with many factors by the judicial organs.