Research On Technical Investigation Measures

The technical indictment of the investigation organ authorized can be traced back to 1993,promulgated by the state security law,but it was not until 2012 technical investigation measures be incorporated in the "criminal procedural law" the regulation range.After more than 20 years of practice and theory,there are still many problems in the use of technical investigation measures.Especially in the case of drug crime,the technical investigation measures have been abused.From the perspective of judgment,this paper examines the use and review of technical investigation measures in the three stages of investigation,prosecution and trial,and puts forward solutions to relevant problems based on practice.In chapter one,the author points out the current situation of drug crime in S province,and introduces the main types of drug crime cases in S province and the main mode of crime.In this way,the main reason for the widespread use of technical investigation measures in drug crime cases is the difficulty in the investigation of drug crimes and the difficulty in collecting evidence.And there are two important factors lead to the widespread use of technical investigation measures,one is the drug crime systemization,collectivization,the risk of manufacturing,trafficking in,transporting drugs are passed on to messenger,the upper will not endanger a criminal group;Second,the higher people's court of S province has accepted the increasing trend of drug crime in recent years,and has the urgent need to fight drug crime.The second chapter elaborates the application of technical investigation measures still has many problems.The first is investigation phase,the main technical investigation,secret investigation,hidden identity investigation and control the delivery of the basic concepts such as confusion of problems,at the same time technical investigation of the application,examination and approval and execution of each link there is a problem;The second is to review the prosecution stage,mainly is the technical investigation evidence of the non-transfer,does not transform;Finally,it is the trial stage,the main existence of a large number of use,technical investigation evidence without trial evidence,the quality certificate is as the case evidence,the witness to appear in court.In the third chapter,the author puts forward corresponding solutions to the problems in the three stages of investigation,prosecution and trial.First of all,the investigation stage should distinguish different kinds of technical investigation measures,and the investigation organs should perform their duties legally in the three stages of application,approval and implementation.Secondly,it is necessary to transfer technical investigation files and transform the evidence of technical investigation.Finally,the trial stage should carry out the proof and the quality certificate of the technical investigation evidence in the trial,and special protection for the witness in the court,and verify the evidence that is not suitable to be presented in the trial.In addition,different rules should be followed for the specific examination of different kinds of technical investigation evidence.The fourth chapter extends the technical investigation measures.Firstly,it refers to the problem of power limitation and supervision and the infringement of rights and relief due to technical investigation measures;Secondly,it is pointed out that the development of new technology detection means is the upgrade and development trend of the technical investigation measures.In order to adapt to the trend,the expert auxiliary person and the upgrading technology detection equipment should be introduced.Finally,it refers to the time and space of the technical investigation evidence,the source and the special review principle of the technical investigation evidence.