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How to do a good job of the prosecution phase arraignment

Abstract: Section 139 of the Criminal Procedure Law of the People's Republic of China stipulates: review the case of the People's Procuratorate shall interrogate suspects, and to listen to the victims and the suspect, the views of the people commissioned by the victim. The prosecution phase of interrogation of criminal suspects by law is referred to herein arraignment, also called The provisions of section 139 of the 
 an arraignment concepts and tasks 
 
 the views of the people. The prosecution phase of interrogation of criminal suspects by law is referred to herein arraignment, also called Chinese papers League finishing. 
 
 investigation stage, on the same evidence repeatedly forensics than the highest number of confessions of suspects and excuse their aims through repeated questioning, fixed suspects confessed, and further access to information, for additional evidence to create the conditions. The trial stage, the defendant in court for questioning in the strict sense, it is a proof behavior, the interrogation of the accused by prosecutors and The proposed tribunal Get excuse, whether it be the basis for the admissibility of the confession of the accused. 
 
 the prosecution phase boundary in the middle of the two, with a connecting role, therefore, at this stage of the arraignment the following three tasks: 
 
 dossier review, supplement, a comprehensive review of the evidence. On the basis of the review file materials around the suspect's confession and the excuse to carry out a comprehensive review of the evidence. To arraignment found contradictions between the confession and other evidence, or have the alleged facts, and then through the review means be ruled out, the contradictions found. 
 
 2, and defend the suspect confessed witnessed inspection. Examination and prosecution written review of the main the arraignment suspects to provide face-to-face audit confession authenticity opportunity. Compared with the written examination, the arraignment may be more intuitive confession review can not only review the substance of the confession by the suspect do for various performance considerations in its confession of authenticity. 
 
 3, contact, understanding and familiar with the suspect, to prepare for trial. Arraignment can be seen as a preview of the pre-trial interrogation contractors through arraignment, full contact with the suspect, to understand the attitude of the suspects alleged psychological reasons excuse of the alleged facts and charges, linguistic characteristics and habits, and more The main arraignment Discovery cases there may be a focus of controversy, so as to appear in court to support the prosecution to do a good job overall preparations. 
 
 two the arraignment should follow the basic principles 
 
 1, the principle of legality 
 
 any of the judicial activities should follow the first principle is the principle of legality, The arraignment is no exception. To comply with the provisions of the Criminal Procedure Law, the rules of criminal procedure arraignment is a good prerequisite for arraignment addition specifications for arraignment internal regulations should be strictly adhered to. Legal mention hearing mainly include forms of lawful and content of legitimate Formally, shall comply with the following provisions: arraignment should be by at least two procuratorial personnel conducted clerks generally should not be independent conduct arraignment arraignment should be within the provisions of workplace conduct, arraignment transcripts project complete, the suspect, the person questioned, the recorder, check the record and were confirmed and signed; torture and other illegal methods to obtain verbal evidence from a content perspective, should be strictly prohibited arraignment process should be strictly protected suspects fully excuse and defense, and seek to amend in writing, of the rights of whistleblowers report. 
 
 2, the principle of objectivity 
 
 by prosecutors not only bear the responsibility to identify the perpetrators, charged with a crime, but also to fulfill their legal supervisory duties, must always remain objective and impartial attitude must not in advance for the review of the case file and preconceived subjective suspects already constitutes a crime or does not constitute a crime, especially for the confessions of the suspects in pre-trial phase, neither the subjective opinion has truthfully confessed, nor arbitrary decision is a false statement. We must to mention understanding the problem of pretrial confession First, the suspect's confession and the excuse as a verbal evidence, inevitable in line with the formation of the rhetoric evidence law. Verbal evidence of the formation of awareness by the person making the statement, the memory capacity and the ability to express the impact of different age, audio-visual and other sensory conditions,supra skytop, social experience, experience,nike air max, education level, language, habits, and will in perception, memory, expression in the process of forming a huge individual differences caused by different people for different expressions of the same thing, but the existence of such differences is precisely in line with the objective laws of the performance, and not directly as we distinguish exactly who is telling lies standards. Secondly, the different nature of the case will also make verbal evidence has different characteristics. For relatively simple cases, the confession is often relatively exhaustive; Conversely, the relative complexity of the case, such as the time span, the number of personnel involved, complex criminal means and process, suspects tend to make relatively general confession, and often there will be more not remember the situation, which is normal. Finally, the suspect confessed between Confession still can not fully equate Confession process, the influence of human factors will still be converted to the suspects confessed, the suspects confessed synchronization of audio and video there are essential differences. Critical to the role in the process of transformation, asked the person questioned the boot of the suspects in the interrogation process,ralph lauren paris, recording in the recording process for the subjective judgment of the content of the original confession, trade-offs, scouring terminology changes will lead to confession Confession differences. 
 
 3, the principle of comprehensiveness 
 
 here full truthfully confessed the facts of the crime involved is necessary to ask the suspect, but also listening - and the importance of the suspects were innocent or sin light excuse, the suspects especially for the guilty allegations made excuse to cause handling the case and people attach great importance, such as for whether committed crimes, whether in the crime location, whether the legal age of responsibility and other compliance important justification of the elements of the crime must be excluded in the review process, otherwise it will not be able to achieve the conditions for prosecution. On the other hand, to a comprehensive examination of the premise of compliance, important to do a few situation; addition to the date of birth and age direct knowledge of the level of education and work and life experiences, and to determine ways and means of exchange with the suspect; Fourth suspect at the same time inform the suspected offense, suspect this whether the objection must ask to be directly informed of the suspect whether it has meritorious circumstances; the eight More than eight shall ask we arraignment often easily overlooked, and therefore need to be emphasized. 
 
 4, the normative principles 
 
 specifications is a prerequisite for quality, if you want to do the work of the arraignment, it must be the work of the arraignment to be a full range of specifications. First, the arraignment working norms configuration should be a check book the inspectors charge of the interrogation,Ralph Lauren Polo, the clerk is primarily responsible for the record, on this basis, the two sides complement each other. Second, using the specification language for arraignment specification mention hearing the core, after all, the work of the arraignment mainly is to rely on language to complete one of the mentioned hearing the main task is to be for the trial as to prepare and therefore to be the time to remind yourself, as much as possible of the trial, the standard specification arraignment terms induced to ask questions, indicative questions, deceptive questions and other non-standard interrogation should take the initiative to be avoided. Arraignment in a certain order, under normal circumstances, you should check the general situation of the identity of the suspects, give the suspect a certain time independent statement, followed by the person questioned around the facts of the case in a targeted focus interrogation . For which procedural questions, such as notice of the contractor's name, advertised right of action should be in a certain range within the same specification language. The final step is the arraignment transcripts shall record the complete no shortage of items, Words used accurate check should be preceded by the person questioned Review cross suspects, interrogation, recording, suspects signature stamped shall conform to the norms. 
 
 5, planning principles 
 
 do arraignment work is anything but the imagination is so simple, especially in some difficult and complex cases in the review process, the quality of the arraignment will directly affect the case review and quality to support the prosecution in court. Whether through arraignment, found contradictions between the existing evidence, to master the psychological condition of the suspect, the focus of the debate predict the court, are the standard measure of the quality of arraignment. Therefore, the high-quality arraignment must rely on a comprehensive, detailed plan. We are here talking about the plan contains three aspects: first, questioning outline. To develop a more detailed interrogation outline around the facts of the case and on the evidence against the suspects may be made excuse, but attention should be distinguished with the outline of the interrogation of the trial, because we can not put arraignment has mastered a clean breast of evidence . Secondly, in respect of the relevant disciplines involved in the case, or basic common sense plan to be ready and learning. For example, cases involving areas of expertise, the location where the crime is more complex geographical features, people involved more complex relationships, the other prosperity may be used in the arraignment basic common sense and so need to contractors before arraignment plan to prepare . Third, questioned and records to be based on pre-trial transcripts reflect the linguistic characteristics of the suspect and the language habits, in terms of language and text, combined with the interrogation record of people with problems, there are plans to prepare.