Challenges in investigating and preventing job-related crimes
In terms of investigating crimes:
(a) the challenge of the low level of business of the investigators
The investigators not only need to have strong political beliefs, but also have a superb level of business. Job crime investigation work is different from other prosecutorial work, investigators should not only have theoretical knowledge, but also have a strong operational ability. An excellent investigator is the need for a long time in the practice of handling cases to continue to sharpen, really master the skills and methods of handling cases. At the same time, the new situation of self-investigation work also requires investigators are complex talents, not only need to master the legal knowledge, but also need to learn to master other aspects of professional knowledge, such as accounting, medical, construction and other systems in the field of related knowledge. But the reality is engaged in self-investigation work of the quality of the prosecution police is not satisfactory. Some investigators lack of investigative awareness, lack of investigative techniques; some investigators of the business knowledge is relatively single, in the face of complex cases on the helpless; some police officers are not strong sense of responsibility, fear of suffering. Indeed, facing the "challenge of insufficient capacity".
(B) the investigation mode is old, the challenge of breaking through the difficult cases
Functional crime cases due to its covert means of operation, the criminals of the anti-detection ability is strong, resulting in the investigation of such cases in the self-investigation department in the investigation of the case will be the breakthrough of the case focusing on the suspect's confession, the witness testimony, and then based on the confession, the witness testimony to collect the relevant documentary evidence, physical evidence. This "from confession to evidence" investigation mode, which has many disadvantages. With the implementation of the new Criminal Procedure Law, this mode of investigation has been unsustainable.
(C) the challenge of investigative equipment and technology is very backward
Functional crimes in the new historical conditions, presenting "more intelligent and professional, the means of crime is more complex and hidden, suspects of the relationship between the network is wider, the protection layer is thicker, and anti-detection capability is stronger" features, with which a sharp contrast to the prosecutorial authorities, the prosecution of the "by confession" mode of investigation, the disadvantages are many. In sharp contrast, the investigative equipment of the procuratorial organs is far from being able to adapt to the needs of modern investigative work. The backwardness of investigative equipment and technology has resulted in the procuratorial authorities often looking at the case in despair. There is indeed "hardware configuration is not in place.
(D) the new Criminal Procedure Law has brought a lot of challenges
Functional crime cases are generally more complex and covert, the suspect anti-investigation ability, the case presents a "one-on-one" model. After the new Criminal Procedure Law came into force, it has greatly increased the difficulty of breaking through the confession of criminal suspects in bribery cases. Even in the case of obtaining relevant testimonies, the protection of the rights of criminal suspects, the early intervention of lawyers, and the restriction of coercive measures have made it more difficult to break through the confessions of criminal suspects. The difficulty of balancing "punishment of crime" and "protection of human rights" has increased.
Crime prevention:
(a) the challenge of inadequate understanding. The law enforcement concept of "heavy punishment, light prevention" exists to varying degrees. It is widely believed that the case is a hard task to combat the effect of the obvious intuitive, increase the investigation and punishment, can play a deterrent to specific groups of vigilant prevention and education, reduce and curb the role of job-related crime, the work of the results can be seen, Mo got, is the "performance". And prevention work is a soft task, scalability, work performance is difficult to assess, the work effect is difficult to measure, the value of the work is difficult to reflect, is "potential performance". The formation of "fire and ice" situation.
(ii) the challenge of poor work effectiveness. The breadth, depth and effectiveness of job crime prevention work to be further strengthened. Job crime prevention work started late, the operational basis is relatively weak, not many specialized means, the legal system is not enough to ensure that the publicity is not strong. This has led to a lack of confidence in the prevention work of a small number of departments and units, which is not proactive and cooperative enough, affecting to a certain extent the in-depth development of prevention work. Prevention of job-related crime measures and effectiveness of work to be further enhanced, the current job-related crime prevention work and strong social needs compared to the gap is large.
(C) the challenge of imperfect working mechanism. Preventive work mechanism needs to be further improved. From the research situation, the city's Procuratorate still need to further improve the effective prevention of job-related crime internal working mechanism, other departments and prevention departments in the prevention work to further strengthen coordination and cooperation, the formation of the overall prevention of synergy. Avoid preventive work by the job crime prevention department alone, sing the "monologue".
In the face of the challenge of what we do next
Investigation and handling of crime:
(a) to effectively strengthen the investigation capacity building, in order to improve the level of investigation of job-related crimes
1. Strengthening of the initial investigation capacity. First, to improve the ability to find clues, to be able to check the accounts, interrogation, from the generalized reporting clues, social occasions, news media reports found clues. Second, the initial investigation of the clues for in-depth analysis, in accordance with the elements of the crime to determine the focus of the initial investigation. Third, we must make full use of a variety of technical investigation means to take a secret preliminary investigation, under the premise of not leaking and investigative intent, solid peripheral evidence. Fourth, we must broaden the horizons, a wide range of comprehensive preliminary investigation, as much as possible to collect and store information related to the case, to lay the foundation for the trial.
2. Strengthen the interrogation capacity. To strengthen the organizational leadership and decision-making command of the interrogation work, the commander should be timely exchanges with the case staff, firmly grasp the direction of the interrogation, timely adjustment of the interrogation strategy, to strengthen the coordination of the interrogation work. To do a thorough job of preparation before the interrogation, a comprehensive understanding of the case to grasp the situation, especially the suspect's situation, the development of interrogation plans and strategies, before and after the interrogation to be connected, coherent, clear purpose, clear task, to form an organic whole.
3. Strengthen the ability to obtain evidence. First, we must strengthen the awareness of the legitimacy of the evidence. The new Criminal Procedure Law pays more attention to the protection of human rights, emphasizes the legitimacy of the procedure, the high demand for evidence, investigators should change the past to confession, first confession and then evidence of the evidence model, highlighting the other evidence, physical evidence and other direct and indirect evidence collection and fixation. Secondly, the sense of responsibility should be strengthened. To emphasize the legality, comprehensiveness and timeliness of evidence collection, and try to avoid flaws in the evidence.
(B) innovative investigation mode
1. Science and technology to strengthen the investigation, strengthen the construction of information technology. Fully borrow the power of science and technology to enhance the level of investigation and handling of cases. The adoption of technical investigation measures is an indispensable and important means to effectively investigate and deal with crimes. The use of such measures is conducive to the procuratorial organs in positive contact with criminal suspects before they grasp the important evidence of crime, and is conducive to the control of criminal suspects. The new Criminal Procedure Law has given the prosecution technical investigation powers, how to use good technical means of investigation so as to no longer rely on the confession is now an important topic facing our self-investigation department.
2. Improve the "people with the case, dynamic police investigation integration" mechanism. In the face of complex cases of job-related crime, the investigative power of a grass-roots institution alone is weak, should be strengthened to the municipal procuratorate-led investigation and handling of job-related crime work operation mechanism. Through the integration of investigative resource allocation, the city's procuratorial organs in the investigation of job-related crime departments to form a strong vertical command, close horizontal collaboration, efficient and orderly operation mechanism, effective formation of synergies, and effectively remove all kinds of interference and resistance. In the implementation of the integration of investigation, should be carried out at the same time to support and guide the work of the grass-roots institutions to fully mobilize the enthusiasm of the case. By exploring and improving the "investigation integration" mechanism to improve the overall level of the prosecution and operational capacity.
(C) accelerate the improvement of technology and equipment
In accordance with the "advanced, applicable, supporting, universal" principle, in order to give full play to the role of the existing equipment, technology, and at the same time, the formulation of rules to play its effect. For the obvious backwardness, outdated, no improvement value or even easy to cause investigative errors in the equipment, timely updating and replacement; those in the investigation of crimes in the practice of the new technology, new equipment is effective in the active introduction, absorption, use, and strive to achieve the level of configuration required for the investigation of crimes in the workplace. At the same time, the active use of computer technology to establish a case-related information database storage, management and the implementation of dynamic management of the case; give full play to the investigative command network system in the organization of the command of the case and the use of co-investigation, fugitive work.
Crime prevention:
(a) adhere to the "fight and prevention", establish and improve the integration of punishment and prevention of work mechanism. First, we must firmly establish the "prevention of job-related crime out of productivity" concept, "fighting crime is an achievement, crime prevention is more of an achievement" concept. Vigorously carry out specialized and systematic job prevention work. Secondly, we should give full play to the special preventive role of investigating and handling job-related crimes. Resolutely investigate and deal with corruption cases, severely punish all kinds of corrupt behavior, and always maintain a high-pressure situation of anti-corruption. Only by punishing crimes in accordance with the law can we contain and deter crimes in a timely manner, and can we mobilize and encourage the public to vigorously cooperate with and promote the work of job crime prevention. Third, we must implement the Supreme People's Procuratorate "on further strengthening the prevention of job-related crime decision" spirit, the procuratorial organs of the prevention of job-related crime into the anti-corruption work in the overall situation, the prevention of the work on the same level as the investigation and handling of the case is equally important position, with the deployment, with the implementation of the same, with the assessment.
(B) to strengthen the job crime prevention measures to improve the effectiveness of preventive work. A combination of the fulfillment of prosecutorial functions, actively carry out case-by-case prevention, deepen the systematic prevention, strengthen the special prevention, identify the entry point of the prevention work, and enhance the initiative and effectiveness of preventive work. At present, in accordance with the anti-corruption policy determined by the 18th National Congress, should be the mass line education and practice activities as an opportunity to check the "four winds" brake "four winds" and the prevention of job-related crime work together, through the checking of the "four winds" brake "four winds" and the prevention of job-related crime work. "four winds" brake "four winds" to find the risk of job-related crimes, through the investigation of the "four winds" brake "four winds" to develop measures to prevent job-related crimes, to prevent job-related crimes work to a deeper level. Job crime prevention work to the depth. Secondly, we should strengthen the research on job crime prevention, summarize and conduct scientific analysis and prediction in time, and put forward countermeasures to curb and reduce job crimes fundamentally for the reference of the Party Committee's decision-making. Third, we should strengthen the publicity and warning of job crime prevention. Fully utilize their own legal resource advantages, give full play to the role of warning education base, strengthen communication and contact with the news media and the public, and actively carry out legal publicity and consulting activities to comprehensively improve the whole society's concept of the rule of law and the awareness of honesty, and the formation of public opinion to prevent job-related crime atmosphere.
(C) based on the functions of the prosecution, the realization of the organic combination of the prosecution and social prevention. A close reliance on the leadership of the party committee, the initiative will be the procuratorial organs to prevent job-related crimes into the overall work of the party committee's deployment, and further strengthen the contact and cooperation with the relevant departments and all sectors of society, and strive to form the procuratorial organs to play a functional role in the prevention of job-related crimes of the community to participate in the prevention of job-related crimes mechanism, the prevention of the work of the overall deployment of the overall management of social security, the prevention of the work from the "soft task". "soft task" into "hard indicators", and promote the construction of the party committee under the leadership of the socialization of the unified "big prevention" work pattern. Secondly, we should closely strengthen the contact with the discipline inspection and supervision departments, more communication and coordination, *** with the discussion of prevention work, *** with the deployment of prevention work, *** with the inspection and guidance of prevention work, the formation of a unified grasp *** management work pattern. Thirdly, we should further fulfill the duty of supervision and guidance, strengthen the guidance of the prevention work of all relevant departments and units, integrate the resources of the main body of prevention, improve the network of prevention work, strengthen the exchange of information, and promote the experience of prevention. In particular, we should strengthen cooperation and contact with law enforcement departments, the formation of information **** enjoy, according to the administrative law enforcement departments to reflect the problem, put forward the views and suggestions, targeted prevention of job-related crime work.
Admittedly, the ability and level of enhancement is always a process on the road, not once and for all. However, we believe that as long as the persistent, from the point of view of the start, will inevitably win the trust of the people, and constantly enhance the credibility of the work of the prosecution.
Xu Xu, Guangyuan Lizhou District Procuratorate