The role of the trial on behalf of investigators into the mechanism by

Corruption and bribery investigation, the emphasis and difficulty lies in how to collect evidence, take what card. With the anti-corruption team of young, anti-corruption police officers there are a number of theoretical knowledge rich, but the shortcomings of the lack of practical experience, are often unable to face the evidence start, or even taking the evidence can not serve to identify the case, resulting in duplication of efforts. anticorruption investigation aims to obtain criminal suspects of corruption and bribery activities, some evidence, and eventually used in the trial judge found the evidence to suspects shall constitute a crime. can be said that trial, evidence of the use of anti-corruption investigation and evidence gathering is a "destination." trial by the prosecutor and the accused, prosecution and defense counsel debate the composition of their standing in a different point of view, there must different logical paths, the use of evidence there are very different. in the investigation, the investigators extended to consciously thinking, active in the brain during the trial "mock rehearsal" themselves into the prosecutor in the trial, the accused role, to think on their point of view, and the guidance of anti-corruption investigations and evidence gathering.


First, the role of substitute for the need for trial

Anti-corruption work is a group work. In accordance with the framework of existing institutions and organizations, corruption and bribery cases by the People's Procuratorate of the first sector corruption and bribery on file for investigation, investigation by the Public Prosecution Service after the end of the prosecution, court support of the indictment, which is a complete anti-corruption work path. For this reason, anti-corruption investigators that the investigation can not be just that all their work, but must work actively expand the vision, elongated work thinking, then the court will put the work requirements to plan their own investigation as a whole considered. Facts have proved that just to detect the investigation is often unable to obtain good results, the result is not the face of evidence of the complex without Fanwu from the start, loss flawless, that is, the hardships Evidence obtained court can not effectively be applied, resulting in waste and efficiency of work lower.


Effective punishment of corruption and bribery is the purpose of anti-corruption work, and the suspect through the trial a guilty verdict is a measure of the success of our work, a benchmark, is the way to achieve the above objectives of the work. The key evidence in the trial against , anti-corruption investigators must, in the investigation to take into account the use of evidence during the trial. This consideration should not only comprehensive, but also detailed, it is necessary to take into account the need for the use of evidence the State Prosecutor, but also taking into account the use of evidence the defendant possible path. and the role of substitution, is often an effective form of such consideration. through role substitution, anti-corruption investigators to the station to put yourself in the role of the prosecutor or the defendant, as the trial participants themselves, and thus find out which Key details of a case will be heard, what evidence will play a key role for the conviction and sentencing, which is equivalent to its own investigation pointed out the direction, it will undoubtedly greatly facilitate the effective investigation.


Second, the role of the trial method of substitution

1, substituting into the role of prosecutor

Prosecutor is an important participant in criminal proceedings, their role is to represent the state court criminal prosecution. During the trial, prosecutors will actively use evidence to prove guilt of the accused, to make it the ultimate punishment by the criminal law. Anticorruption prosecutors substituted into the role of investigators is to stand trial court personnel point of view, so as to provide evidence that the public prosecutor of the Elements of Crimes to clearly detect evidence of the scope of the framework. This is substituted into the concrete manifestation of the process to seek indictment in the investigation with departments to understand the public prosecutor use of logic and evidence the allegations ideas, in order to guide their investigation and evidence gathering, a definite purpose.


In the existing institutional arrangements, the anti-corruption departments and public prosecution departments belong to the People's Procuratorate of the subsidiary business units, more familiar with each other, contact convenient, this is the role of anti-corruption investigators to prosecutors to create favorable conditions for substitution. Real case, the investigation officers in the course of the investigation by public prosecutors to carry out investigations in consultation with the approach to the role of substitute. conferences, the investigators can inform the public prosecution department of the main case in advance, because the actual work characteristics of public prosecution department, its staff is often the criminal course of the trial proceedings, the court used the evidence, the defendant psychological, and even subject matter jurisdiction of the court cases, criminal courts are more understanding, please public prosecution department staff can be the case for trial under the circumstances to anticipate that once the subject of the case into the trial process, which will be critical evidence as evidence of the offense charged, and that evidence of how ideas form a complete chain of evidence to guide the investigations carried out. It is particularly important, because evidence is often manifested in many forms, and various forms of evidence brought force are often different, often in different forms of evidence to the judge the influence of different, this pre-simulation in the end for investigators to obtain evidence by methods and evidence which fixed the guidance given in the form. reposted elsewhere in the Research Papers Download http : / / www.hi138.com 2, on behalf of the defendant into the role of

Anti-corruption investigators on behalf of the defendant into the role, is to advance in the investigation process of the case itself on the defendant (the role of the suspect, the defendant will be possible to consider what evidence to absolve itself of guilt, and early start to obtain the appropriate evidence to refute the defendant's acquittal attempts. At the same time, but also to actively reverse thinking, consider what kind of evidence for the defendant would be "fatal", and this initiative for an investigation as soon as possible to take evidence of fixed measures to prevent destruction of evidence of criminal suspects. As investigators, after all, "the Third Party", only detection is often not comprehensive enough to reflect on the experience, and only the role of substitute, put themselves in "case" in order to better see the Lushan true.


For bribery, bribery and other evidence of more cases to rely on words, but also to focus on the role of substitute for the defendant, the defendant carefully observe the mind, in the exercise (interrogation to block off the escape route, consolidate the various elements of offenses against the defendant lay " Live deduction "opportunity.


Anti-corruption investigators on behalf of the defendant into the role of the prosecutor is often substituted into the role than the much harder, and therefore requires more skill and experience of reserves. In the usual work, the investigators must actively exercise capacity in this area, such as observers to participate in the trial to understand the trial, the defendant's acquittal usual tricks and sophistry means, often with an experienced comrades and learn about the defendant is usually psychological, in the investigation do the external investigations and the defendant's character, habits of doing things, to beneficial role of substitution and so on.


Third, several issues need attention

1, the prosecutor can not pre-empt the role of substitute. Anticorruption prosecutor investigation into the role of staff on behalf of the logical order by the prosecutor's mental and psychological investigators and then to the specific investigation activities. The logical order is not reversible. In the case investigation, This can not be substituted into the anti-use, with investigators to suppress the investigation and evidence gathering independent review of public prosecution department to prosecute and prosecution functions. that the evidence obtained, and according to their own imagined idea of ​​the proof method of prosecution indictment sector participation, ideas gross interference behavior is wrong.


2, substituted into the role of the defendant can not violate the relevant disciplinary investigation. Substituted into the role of the accused, is a substitution of ideology is considered on the detection strategy to adopt a method. However, this substitution can not be intellectual activities to the specific detection of breakthrough acts, forcing the defendant in accordance with the investigators, "expected," the idea of ​​self-incrimination, and even developed to the torture, Yougong other illegal activities.


3, can not rest on its laurels, to actively expand the scope of evidence. The role of substitute, after all, is a high intelligence activities, have sufficient experience and investigative techniques to do support. Which determines the role of substitute activities are not successful every time, a comprehensive investigation guide. investigators, particularly young investigators, not relying solely on the role of designated investigation into evidence on behalf of the scope of the evidence to actively expand ideas, to expand the scope of evidence, the better the completion of the anti-corruption investigation and evidence gathering. Links to free papers Download Center http://www.hi138.com