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Evidence in criminal cases of smuggling probe

Author: WangGang
Tutor: XuLanTing
School: China University of Political Science
Course: Legal
Keywords: Smuggling Audio-visual materials Electronic evidence Evidence of ability Probative force
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 132
Quote: 0
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Abstract


Evidence of smuggling cases complex system of electronic evidence, the degree of specialization major share of strong , intelligent crime tendency is obvious that criminals are often better prepared before the start of crime throughout the criminal plan , especially in the hidden evidence of a crime , destruction, change is even more rack their brains , and with the popularity of the Internet and the development of the computer criminals may be completed prior to payment, collection, verification , signed a contract price agreed upon a series of acts . These have resulted in evidence in the form of diversified and complicated , hidden large . Smuggling cases in the course of the investigation of crime control and facing a choice between human rights protection issues , it is necessary to be done on Smuggler 's not live up vertical , to ensure each tariff is due, particle positions ; and to protect the human rights of suspects , while smugglers also mostly different from the general criminal IQ , the Group of crime , which the investigation process smuggling cases part of a higher evidentiary requirements. Under the new law violates the State Compensation Law of Criminal Procedure detention of citizens to take measures , or in accordance with the conditions and procedures prescribed Code of Criminal Procedure of citizens to take measures to detention , but detention longer than the prescribed time limit Criminal Procedure Code and thereafter decision to dismiss the case , ruling not to prosecute or terminate acquitted of criminal responsibility , the victim has the right to compensation . Which violate the provisions of the Criminal Procedure Law of measures to detention of citizens , is comprised of Criminal Procedure did not meet the standard of proof required in criminal detention, while the citizens to take coercive measures under criminal detention situation . These circumstances gave investigators collect, identify evidence brought great difficulties , how to ensure the strength of the evidence and the evidence of capacity, reduce returned for supplementary investigation and state compensation cases , it becomes an urgent need to solve the problem. In this article I will combine a little work experience and some old comrades imparted to the customary practices of the following aspects to make some plain Discussion : smuggling cases forensic investigation process the special requirements ; using specialized technical equipment evidence obtained classified information issues ; customs use of controlled deliveries of the legality of the evidence obtained and its \should be noted that when the question ; how to reduce the factors that hinder the witnesses ; exercising the powers of administrative law enforcement authorities or departments to evidence obtained by capacity issues .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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