Differences and connections between information-based investigation and traditional investigation
Connection: Investigation in the digital era is based on traditional investigation
Difference: Digital investigation is more traditional In terms of investigation, it saves manpower and is safer and more accurate
Application of information-based investigation methods in homicide cases
Abstract: The current anti-corruption investigation methods are single and the technical force is backward. It has become a bottleneck that seriously restricts the scientific development of investigation practice. Investigation and counter-investigation are a duel of wisdom and strength, as well as a game of information. The rapid integration of all kinds of information is important for analyzing and judging clues, determining the direction of investigation, or investigating and collecting evidence. It plays an immeasurable role. Therefore, from the perspective of the construction of the preliminary investigation information system, it is urgent to explore how to establish a fast and efficient preliminary investigation information platform to effectively serve the investigation.
Keywords: preliminary investigation Investigation; investigation; forward focus; preliminary investigation informatization
CLC classification number: D926.3; D918 Document identification code: A Article number: 1671-6035 (2013) 09-0000-02
p>With the development of modern science and technology and the improvement of human rights and legal awareness, job-related crimes are also developing in the direction of becoming increasingly concealed and anti-investigation, which puts forward higher requirements for case handling concepts and even case handling models. , the traditional model of light preliminary investigation and heavy interrogation is increasingly unsuitable for the needs of modern anti-corruption investigation work. Just as modern warfare has evolved into information warfare, information has gradually become the dominant factor affecting combat operations. Having information superiority will have military advantages. Initiative [1]. Therefore, anti-corruption investigations urgently need to shift the focus of investigating cases forward, pay attention to the basic role of information in guiding preliminary investigations and investigations of cases, and strengthen and improve the construction of preliminary investigation information platforms.
1. The concept of informatization of preliminary investigation
To analyze the concept of informatization of preliminary investigation, we should first clarify what is the information required for anti-corruption investigation. In the investigation of occupational crimes, information is obtained by the procuratorate through various Information related to crimes or criminals that is collected, sorted, researched and processed by means and methods and then transferred and utilized. It can provide investigation clues to start the investigation process, promote the investigation process, and reflect the true situation of the case through information search. Evidence[2]. The traditional anti-corruption preliminary investigation model mainly relies on human methods such as investigation and enquiry, dragnet inquiries, etc. to obtain information. It is not only inefficient, but also has low confidentiality and can easily expose the preliminary investigation targets. It is incompatible with the current anti-corruption requirements. It is incompatible with the goal of strong science and technology inspection. Compared with the public security organs that also bear investigation functions, the degree and level of informatization are also far behind. In this context, the informatization of preliminary investigation came into being. The informatization of preliminary investigation It belongs to the category of science and technology intensive inspection, that is, using information technology and information platform to quickly and efficiently integrate all kinds of effective information to serve the entire process of preliminary investigation activities and subsequent investigation activities, which corresponds to the traditional preliminary investigation model A new type of preliminary investigation model.
2. The practical necessity of preliminary investigation information construction
(1) Clues dilemma. Clues occupy the primary importance in the practice of anti-corruption investigation Location, if there are no case clues, the investigation and handling of cases will become water without a source, a tree without roots [3]. Traditional anti-corruption case clues mainly come from reports from the masses, transfers from relevant departments, and excavation of cases within cases. In many places On the one hand, the anti-corruption department lacks a stable source of clues, and on the other hand, it lacks an effective management mechanism for some clues that do not yet have the conditions to start. It faces the dual dilemma of source of clues and management of clues. From the successful practices of some places, Look, the information construction of preliminary investigation is an effective way to solve the clue dilemma. On the one hand, the information construction of preliminary investigation can be combined with basic information such as local organizational structure, personnel information, powers and responsibilities, service procedures, use of special financial funds, and construction of key projects. , to discover corruption-prone and high-risk points, and provide strong support for broadening the sources of cases and investigating clues; in addition, the information construction of preliminary investigation can provide a carrier for clue collection and management. For clues that do not meet the conditions for filing a case, they can be standardized through the information platform Management and long-term operation.
(2) Preliminary investigation difficulties. The preliminary investigation of anti-corruption cases is the basic work before filing a case.
, plays a connecting role in the process of case investigation. However, in the past, both in legislation and in practice, the preliminary investigation was only positioned as the review of clues before filing a case. The generality and ambiguity of the current legal provisions are difficult to resolve. The complex problems encountered in the practice of handling cases, especially the lack of a unified understanding of what to investigate and how to investigate in the initial investigation. Investigation departments in various places attach different importance to the preliminary investigation work, and the level of preliminary investigation is also uneven. The understanding of the function of preliminary investigation still remains at the level of verifying the authenticity of clues. Some even regard the preliminary investigation as a written report before the case is filed. The function of preliminary investigation originating from and serving the practice of case handling cannot be achieved. Effective play. In practice, cases are rushed into action without careful preliminary investigation and insufficient information, which often leads to delays in opening the case, inability to investigate thoroughly, and even the risk that the case will not be completed. .
(3) Dilemma of investigation. With the new...
What means are needed for criminal investigation to solve cases?
(1) Application of modern information technology in criminal investigation
With the update and development of computer, information, communication and other technologies, another type of verbal materials, such as emails, BBS Bulletin boards, online chat rooms, etc. have gradually entered the judicial field. Information technology has been widely applied to build a comprehensive system based on information networks, led by information applications, supported by information talents, and guaranteed by information security, and achieved modernization of case handling and office automation. Our country's modern criminal investigation technology has developed from a blank in a few years to an emerging subject field with a stable academic team that has mastered relatively advanced technologies and high-tech equipment that has reached the international moderately advanced level. Investigation informatization plays an important role in the actual implementation of the investigation system. has played an increasingly important role in the work. The active use of modern scientific and technological means is an objective need for the development of detective work and an inevitable trend of scientific and technological development and social progress. Without advanced means and modern information technology, it is impossible to effectively combat various criminal activities and maintain economic order and national interests. .
(2) Application of modern biotechnology in criminal investigation
With the continuous development of modern biology, microbiology, immunology, and biochemistry, certain organs and behaviors of the human body are targeted With the characteristics of uniqueness and different people, criminal technicians use biological knowledge to identify the person, thus making the blood mark examination a decisive step towards the identification of the same person. The development of modern biotechnology provides opportunities for detection work. a reliable basis.
(3) Application of modern automated technology in criminal investigation
Strengthen the application of automated technology in case detection, use high-tech products and technologies to achieve social security and stability, and integrate high-tech It has become an inevitable trend for scientific and technological products and technologies to be applied in the field of criminal investigation. The national criminal investigation department has increased its efforts in automobile, electrical appliance robots and flexible assembly production lines, logistics and warehousing automation equipment, complete sets of laser processing equipment, vacuum smelting and magnetic control testing, non-destructive dangerous goods testing, financial automation equipment, intelligent non-woven production lines, and medical imaging diagnosis. Investment and research into automation products such as equipment, surgical navigation systems, high-energy ultrasound focusing systems, semiconductor laser-assisted treatment equipment, pressure, temperature, and displacement sensors, low-consumption magnetic sensors, bus-type industrial control instruments, detection instruments, etc., and Great development has been achieved.
(4) Application of nanotechnology in criminal investigation
Nanotechnology is a new type of criminal investigation technology. With the combination of nanotechnology and optoelectronic information technology, many new quantum physical effects have been discovered, and a series of new optoelectronic information materials and devices have emerged and are used in the field of criminal investigation, forming a high-tech technical discipline with great development prospects. Our country has achieved a series of innovative achievements in the fields of nanoelectronic materials and devices, nanobiomedicine, and new nanoenergy sources. Nanotechnology can be widely used and has huge development potential. Its main development trend is to miniaturize various existing instruments and equipment and create a variety of stronger materials.
Some Western countries use nanotechnology to produce antibacterial containers, antibacterial gauze and other corrosion-resistant materials to facilitate the protection of the physical and chemical properties of testing; oil-resistant and water-resistant experimental equipment produced using nanotechnology do not contaminate testing materials; Composite clothing can selectively allow air to pass through, while also filtering poisons, poisonous gases, chemical and biological harmful substances, etc. Another example is the micro-machines made with nanotechnology, each of which has an electronic control system. A very small micro-motor system. Installing this device on various instruments and equipment for physical evidence inspection will make these equipment smaller and lighter, making it easier to operate on site and improve work efficiency.
What is public security informatization!
Public security agencies across the country vigorously promote informatization construction
■ From the "three-axe" reconnaissance of dragnet-style investigation, flying around to hunt and arrest people, and long-term and high-intensity interrogation to online investigation, online Changes in parallel and online pursuit and detection of crimes
■ From "the police are off duty and the thief is on duty" to "the cat and mouse synchronization", the police follow the police situation
■ Vigorously promote online case handling, Set up a "firewall" for case handling procedures and standardize police law enforcement procedures
Dragnet-style investigations, flying around to hunt and arrest people, and long-term and high-intensity interrogations were the "three axes" used by public security agencies in investigating and solving cases in the past. However, in recent years, as the dynamic and intelligent characteristics of crime have become increasingly obvious, professional crimes and high-tech crimes have continued to increase, and the "Li Kui"-style "Three Bans" has become increasingly "obsolete".
It has become an inevitable trend for public security agencies across the country to carry out a new reform of modern policing based on public security informatization. The National Public Security Bureau Directors’ Symposium was held in Nanjing, Jiangsu from September 23 to 25. The meeting proposed that public security agencies at all levels across the country should vigorously promote the construction of public security informatization. They must insist on relying on informatization for police force and combat effectiveness, use informatization to drive basic work at the grassroots level, use informatization to promote innovation in police mechanisms and improve police work efficiency. Comprehensively improve the actual combat capabilities of public security organs.
Informatization-led case detection: With just a click of the mouse, you can catch a murderer thousands of miles away by sitting at your "home"
The "Li Kui"-style "three-axe" gradually withdraws from the stage of history and takes its place. What is more important is online investigation, online combination, and online pursuit to achieve precise strikes.
On the evening of August 25, a home invasion and robbery occurred in the urban area of ??Jiangyin City, Jiangsu Province. The Jiangsu police quickly used the "Skynet" provincial police platform to determine the direction, vehicle traces and collisions based on physical evidence investigation, and determine the vehicle, Technical defense surveillance was used to determine the image and hotel information to determine the identity. Within 8 days, all four criminals from Hunan and Jiangxi who had traveled a long distance and fled in hiding after committing the crime were captured.
According to reports, the "Skynet" platform, as the core of the high-end coordination stage, is the flagship product and highlight of Jiangsu Public Security Informationization. Relying on the provincial police platform and using information technology to build an information prevention and control network covering all corners of society, we can track and control fugitives and illegal and criminal activities, effectively improving the ability to fight crime.
"Plan a strategy and win a thousand-mile victory!" Speaking of the changes in the way of solving crimes, the person in charge of the command center of the Jiangsu Provincial Public Security Department was excited beyond words.
In the past, letters were flying all over the place to solve cases, pursue fugitives, and assist in investigations, and the police were "looking for a needle in a haystack." Nowadays, with the automatic search and comparison on the Internet, criminals may be successfully captured thousands of miles away by just clicking the mouse while sitting "at home".
The sky net is vast, sparse and not leaking. The reporter learned that so far, Jiangsu police’s “Skynet” has compared 259,000 clues to various crimes. Last year, the province used online information to directly solve 22 cases and assist in solving 27.5 cases, and the police captured 39,000 fugitives.
Public security informatization can not only solve crimes quickly, but also achieve effective prevention and control. The Guangdong police have established a video surveillance network covering key areas and parts throughout the province, especially in the Pearl River Delta, achieving dynamic control of social security and precise crackdowns on illegal crimes.
“We have strengthened video-assisted command capability training and promoted the visualization of command models.
"Liang Weifa, Member of the Standing Committee of the Guangdong Provincial Party Committee and Director of the Provincial Public Security Department, said that by organizing video surveillance police and road patrol police to conduct joint combat drills and rotation training, the effectiveness of collaborative operations has been improved and the "seamless connection" between command and dispatch and road police forces has been promoted. , realizing visual command to combat current crimes
Taking Guangzhou City as an example, through the linkage between the video surveillance system and the street plainclothes investigation detachment police, illegal crimes in the railway station square area were effectively combated. Last year. There have been 275 days of zero criminal cases in the region. Preventable cases such as "two robberies and one theft" have dropped significantly in the eight cities of the Pearl River Delta. Among them, theft cases have dropped by 35.2% and "two robberies" cases have dropped by 34.8%. Being gentle and fighting without bloodshed is a vivid portrayal of today's public security police's fight against crime. The dream of catching criminals at the fastest speed, lowest cost, and smallest price is becoming a reality through public security informatization.
The reporter learned that under the conditions of informatization, criminal techniques such as fingerprints and DNA have taken on new vitality and vitality. Through networked applications, their role in detecting cross-regional cases and identifying criminal suspects has been further enhanced. In some places, the number of cases solved through information technology has accounted for 30 or even more than 40% of the total number of cases solved.
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How to carry out information-guided investigation
In June 2011, the Supreme People's Procuratorate issued the "Opinions on Strengthening the Informatization Construction of the Investigation of Duty-Based Crimes in Procuratorates" and the "Implementation Plan on the Informatization Construction of Duty-Based Crime Investigations in Procuratorates", which provided guidance for the establishment of an information-guided investigation mechanism. Direction. Based on the spirit of these two documents, the author puts forward the following thoughts and suggestions:
Establish an information sharing query platform to achieve rapid query of information involved in the case
The core is the query of personnel and unit information. Relying on information systems such as public security, social security, organizational personnel, and organizational codes, real-time query of the basic information of criminal suspects, relevant personnel, and organizations can be achieved. The information collection method can be through dedicated lines. Connections, regular copies, etc. It should be noted that the following aspects should be focused on personnel information: public security population information, national staff information, organizational personnel information, medical and health information, etc. Focus on unit information: organizational code; industrial and commercial information. Registration information; tax registration information; information about state-owned enterprises and public institutions; basic information about associations, etc.
Inquiries on asset information involving criminal objects are subject to internal regulations of the financial sector. It is difficult to use a dedicated line connection to inquire information. In actual operations, a quick inquiry channel is established to achieve the concealment of the preliminary investigation. For information on the asset movements of the persons involved and relevant units, it is necessary to focus on understanding banking regulatory information, securities regulatory information, and insurance. Company insurance information, real estate management information, cadastral management information, housing provident fund management information, vehicle management information, bidding management information and *** procurement information, state-owned assets management information; audit data information; key project information; mineral resources information; public ***Investment information.
Based on the information systems of the communications, civil aviation, transportation, and entry-exit management departments, real-time inquiries on the communications and whereabouts of the persons involved in the case are realized. Focus on understanding mobile communication information, call records, vehicle registration information, transportation and travel records, civil aviation ticket booking and entry and exit information, hotel accommodation registration information, and entry and exit information.
Explore the development of intelligence information work and speed up the construction process of the connection mechanism
On the basis of pilot exploration, we can carry out the intelligence information work of job crimes prudently and steadily, including in areas where job crimes are prone to occur. Departments in frequently-occurring areas will identify and develop information liaisons, and establish insider contacts around persons suspected of duty-related crimes based on case handling needs, in order to strengthen the collection of criminal information and control over the dynamics of persons involved in the case. The recruitment, rewards, accountability, safety protection and other aspects of information liaison personnel must be strictly regulated and managed, so as to give full play to their role and prevent unsafe factors.
Conscientiously implement the requirements of Zhongbanfa [2011] No. 8 "Opinions on Strengthening the Connection between Administrative Law Enforcement and Criminal Justice", establish an information sharing platform for the connection between administrative law enforcement and criminal justice, and keep abreast of Information on the results of administrative law enforcement cases handled by administrative law enforcement departments such as industry and commerce, taxation, customs, quality supervision, safety supervision, land and forestry, etc.
Focus on strengthening the training of information-based investigation skills
Cultivate and train the information-based investigation team. It is necessary to pay attention to discovering, cultivating and training a group of comprehensive talents who understand both information technology and investigation business in daily work, and specialize in investigation information management and investigation technology application. In daily life, through practical training, on-the-job training and skill competitions, we must continuously improve our ability to actively discover criminal information using information technology, our ability to analyze and grasp criminal trends and characteristics, our ability to collect, consolidate and use evidence, as well as our investigation management and The ability to command. Since informatization construction is highly professional, while doing a good job in popular training, we must also do a good job in professional training, actively use relevant high-tech companies and scientific research institutes to conduct specialized training, and truly integrate investigative informatization into case handling.
Use information technology to ensure the legality of investigation activities, making it easier to summarize experiences and analyze gains and losses. Informatization can objectively record the entire process of investigation activities. Case handlers can use information technology to watch their performance in handling cases and analyze the gains and losses of every move, step and decision, so that they can summarize experiences and lessons and improve case handling. level and ability to prevent the occurrence of illegal phenomena.
Difficulties in combating crime under information technology
In recent years, the total number of criminal crimes has remained high, the types of crimes have continued to increase, and the criminal methods have continued to upgrade. In the absence of effective growth in criminal investigation police force, it is impossible for traditional combat methods, working mechanisms and models to complete the increasingly complex tasks of combating criminal crimes. The reality has forced the transformation of criminal investigation work. The public security organs must adapt to the needs of the development of the situation, give full play to the functions and roles of various police types, and have all police officers participate in the battle and solve crimes, forming a work pattern of all police officers combating criminal crimes.
Correctly understand and understand the all-police anti-crime mechanism
The so-called all-police anti-crime mechanism uses information construction as the carrier, focuses on criminal investigation work, and takes the criminal investigation department as the main body. Based on the premise of police stations, etc., we will give full play to the professional and geographical advantages of each police type and department, and establish an effective system with combating crime as the core, organic integration of crime prevention and control, rapid response, clear division of labor, department coordination, and regional linkage. Improve the overall anti-crime work situation, maximize police resources and combat effectiveness, and improve the ability and level of public security organs to combat crime and control social security situations.
The all-police anti-crime mechanism is a system that is continuously enriched, developed and improved, covering the construction of mechanisms for all aspects of anti-crime work. In terms of scope of application, an overall anti-crime cooperation mechanism can be established based on local realities, such as front-line actual combat entities such as public security agencies’ investigation departments, public security, traffic police, police stations, and supervision, and non-actual combat entities such as police support and management. From the perspective of comprehensive business construction, In terms of scope, by standardizing and coordinating the main entities responsible for combating crime, combating crime work models, work concepts, work goals and other elements, rationalizing the entire police anti-crime system, establishing a division of labor and responsibility mechanism, forming a joint force in combating crime as a whole, and improving public security The overall level of the agency's fight against crime.
Suggestions on strengthening the police-wide anti-crime mechanism under the conditions of informatization
*** The Minister pointed out: “Fighting crime is the main business of the public security organs, and it is the main task of the public security organs to protect people’s livelihood and improve The top priority is to improve people's livelihood and promote social harmony and stability. "This is our theoretical guidance for deepening the construction of the entire police anti-crime mechanism. In further promoting the work of the entire police force in combating criminal crimes, it is necessary for the entire police force to continuously deepen the concept of the main business, continuously strengthen the entire police force's awareness of combating crime, lay a solid ideological foundation for the entire police force to combat crime, and consciously obey and serve the primary task of combating crime. We must implement and realize the sacred mission of protecting people's livelihood, improving people's livelihood, and promoting social harmony and stability, and make the fight against crime play a leading role and comprehensively promote the development of public security work.
Handle both relationships well.
The first is to properly handle the relationship between criminal investigation specialization and overall investigation. At present, the criminal investigation department is faced with the difficulties of few people, many cases, and insufficient basic work support. With the continuous increase of various police types, the function of combating criminal crimes is no longer limited to a few police types such as criminal investigation. In particular, it has shown that it provides Some technical means and basic information for basic support are scattered in other police departments, but in actual combat, the joint force of these departments and the collaborative operations of police and criminal investigation departments is not fully reflected. In view of these characteristics and difficulties, to further improve the work of the entire police force in combating criminal crimes, we must pay equal attention to the professionalization of criminal investigation and the overall investigation. Utilize a professional criminal investigation team to improve the level and efficiency of investigation and solving crimes, and rely on overall investigation to improve the power and effectiveness of combating crime. The second is to properly handle the relationship between attack, which is the main business, and attack and defense. The high incidence of criminal cases is very harmful to social stability. Only by persisting in cracking down on criminal crimes can we effectively maintain social stability and serve economic and social development. Secondly, crackdown is the best prevention. The number of criminal cases mainly depends on the number of criminal subjects. Increasing the intensity of crackdowns and solving more cases quickly can reduce the number of overt criminals and deter hidden criminals. Therefore, crackdowns are the most powerful and effective prevention. In the context of high incidence of criminal cases and limited police and financial resources, crackdown must be placed in the most prominent position and priority should be given to increasing investment in investigation work to ensure better performance of the main business. While performing their main duties, public security organs must attach great importance to prevention work. We must not only make full use of the advantages of public security functions to prevent crimes, but also fully rely on the cooperation of all sectors of society and the general public to prevent and suppress illegal crimes.
Focus on three issues. First, focus on highlighting the functions of relevant police types in combating crime. For a long time, the boundaries of responsibilities of some police departments in combating crime have not been clear enough. The criminal investigation department has always been the main force in fighting crime. When it comes to fighting crime, it is considered to be the business of the criminal investigation department, which weakens the role of other related police departments in fighting crime. Among the criminal investigation and related police departments, only the division of case jurisdiction is different, but the crime-fighting functions are the same. Whenever the public security organs are responsible for investigating and solving...
Secret investigation using technical investigation measures
Article 151 of the Criminal Procedure Law of our country stipulates that in order to ascertain the facts of the case, when necessary, At that time, upon the decision of the person in charge of the public security organ, the relevant personnel may conceal their identity to conduct the investigation, that is, a secret investigation. In order to protect the safety and personal safety of the public, this article also places certain restrictions on secret investigation, that is, secret investigation shall not induce others to commit crimes, and shall not use methods that may endanger the safety of the public or cause major personal danger.
Modern reconnaissance and surveillance technology is divided into types according to the method of reconnaissance activities.
Answer: A, C;
Analysis: Modern reconnaissance technology has many classification methods, usually divided into It is divided into the following four categories:
1. Reconnaissance tasks, nature, scope, intelligence use and the effects caused are different: strategic reconnaissance, operational reconnaissance and tactical reconnaissance; 2. Reconnaissance equipment carriers and their use Different: four reconnaissance systems on the ground (water) surface, underwater, air and space;
3. According to the different technical principles of remote sensing equipment: optical (visible light, multispectral, infrared, microwave), electronic, Acoustic reconnaissance etc.
4. Different methods of reconnaissance activities: armed reconnaissance and surveillance, espionage reconnaissance and surveillance, technical reconnaissance and surveillance;
Can phone content be restored through high-tech investigation methods
Public security agencies and national security departments can intercept phone calls through investigative means, including various encrypted phone calls. You can also use recording methods to record call records as evidence of monitoring.
Based on criminal intelligence work, the investigation department realizes the initiative of investigation work through informatization of investigation work content and application of investigation information. This is the concept of information-led investigation.
Under the guidance of this concept, the investigative agency must not only store the scattered, fragmentary, and static case information collected through traditional investigation methods based on the case as a starting point in a specific system according to standardized standards, but must also fully Use computer technology, electronic information technology, image and video technology, criminal technology, and action technology to extensively collect dynamic information. At the same time, we must make full use of non-criminal information and other social information collected by other public security departments, and integrate this information systematically. ization, making it highly dynamic and enjoyable. At present, the public security organs have organized six networks: "street surveillance network, community prevention and control network, video surveillance network, unit internal prevention and control network, regional police cooperation network, and virtual social prevention and control network". The networks are ready to be collected. All kinds of social information related to crime, or seemingly unrelated to crime, but can serve in the investigation work in the future, conduct data collision and comparison analysis on these dynamic information and basic information, timely discover the signs of premeditated crime information, and grasp the criminals' intelligence. Personnel activity trajectories, vehicle activity trajectories, communication activity trajectories and online activity trajectories. Under the concept of information-led investigation, with informatization as the core, technical warfare, synthetic warfare, and evidence warfare are carried out, and criminal investigation, technical investigation, online investigation, graphic investigation, etc. are used simultaneously to fight online and offline.