Evidence Collection And Verification Of Duty Crime

Although the Fifth Plenum of the 18 th Central Committee of the CPC has pointed out that China would build a country ruled by law and the laws would be advanced in all aspects,fast economic growth to a certain extent facilitates the phenomenon of corruption in the fields of constructional engineering,people’s livelihood and medical treatment and so on.In order to crack down on corruption crimes effectively and prevent from the appearance of such crimes,a deep research on duty crimes must be performed.In the process of dealing with public affairs according to the law,national staff with certain positions would take advantage of their powers to commit various crimes,which is called duty crime.Because duty crime belongs to crimes committed by persons with certain position,the subject of such crime must possess the identity of national staff and have powers to take charge of national affairs.Therefore,unlike other criminal offences,duty crime has the difficulties in aspects of finding,investigating,handling,collecting evidence and verification.The advancement of the rule of law as well as improvement of law has brought about challenges and opportunities for investigation and handling of duty crimes.As an actual reflection for proving the authenticity of a case,evidence plays an important role in finding and determining crimes,being soul of whole litigious process and core pursued by all judicial officials.As a procuratorial policeman occupied in investigation and public prosecution,the author found out in handling duty crimes that investigators just paid attention to whether a case could be put on record.Besides,in order to place a case on file,they usually laid emphasis on evidences which can prove criminal suspect is guilty and lose sight of defending evidences and relative evidences of innocence.In the process of review and prosecution,public prosecution department of same-level prosecutorial organization will take charge of the work after duty crimes are investigated by self-investigation department,which will lead to the influences of investigation on case review to pursue only for guilty verdict.Through the analysis of duty crimes handled by People’s Procuratorate in Ganzhou District,Zhangye City in recent years,it is found that investigation and affirmation of some cases are totally different from the results of case trial,which is mainly caused by the problems of evidences existing in the process of litigation.Therefore,the difference between charge and trial will exist.It requires us to think about deeply why a case can be totally changed with the development of litigation.Therefore,on the basis of self-investigation practices,the author,regarding a innocent duty crime as starting point and evidences of the crime as main line,analyzes the problems existing in evidence collection and verification in judicial duty crimes,and puts forward relative suggestions and solutions in order to attack crimes effectively.