I have jokingly told friends on several occasions that now the Discipline Inspection Commission can double-cross party members, and the police can similarly double-cross non-party members, so to speak, and the era of universal double-crossing has arrived, with no legal impediment. After the revision of the Criminal Procedure Law in 2012, theoretically, the police can put any citizen, regardless of party members or non-party members, similar to the form of double regulation, in solitary confinement, six months without access to a lawyer, is currently the most powerful weapon in the Criminal Procedure Law, but the name is more gentle, called the designated place of residential surveillance. The current few big cases mostly use this ultimate weapon.
Originally, residential surveillance was a far lighter criminal measure than arrest because, generally, it is carried out in one’s own Home. But the Criminal Procedure Law provides some exceptions, for example, suspected of crimes against national security, crimes of terrorist activities, particularly significant bribery crimes, in the residence execution may hinder the investigation, with the approval of the approval of the higher level of the Procuratorate or Public Security Bureau, can also be executed in the designated residence. In addition, if you hurt someone, you live in Jiangsu, but the public security bureau handling the case is Zhejiang, it is considered that you have no fixed residence in Zhejiang, you can also designate residence under surveillance.
Generally speaking, the light designated residence under surveillance, but lawyers can also meet with the words, will reduce the risk of being forced to confess or disguised as torture, because, by the treatment, can tell the lawyer. But once, involving the above-mentioned three crimes involving endangering the state, etc., lawyers need to meet with the case organ approval, generally speaking, are not approved, then, the suspect in the inside of the days, it is only by themselves to boil, but because there is no outsider supervision, therefore, the inside of the days can be difficult to imagine. I have a lot of double-regulation of the parties, as long as the detention center, such as to heaven, why?
Because the detention center is relatively formal, is a third-party supervision, (although also belong to the public security organs tube), but something happened, the detention center to be responsible, therefore, the detention center will be relatively strict rules and regulations, (of course, some detention centers also have a lot of problems, you can go to see some people’s memories of the detention center article, but than than the designated residence surveillance, the detention center may be In addition, the guardhouse is not in solitary confinement, there is the same surveillance of the suspect can talk, chat, and double regulation, or involving three types of cases designated residence surveillance residence, is in solitary confinement, and lawyers are not allowed to see, information is not circulated, the case officer can even take the suspect’s Family threat, which is often the most effective. But the suspect said so, there is no evidence, because, it is always impossible to threaten people, but also left a video. (Of course, I once found a similar threat in a video of a case handled by a procuratorate in Zhejiang, but the court also did not consider it an illegal deposition).
As for people involved in the above crimes suspected of endangering national security crimes, terrorist crimes, where they are being held, the law provides that the family can also not be told, which is the provisions of Article 83 of the 2012 Criminal Procedure Law, if there are circumstances that hinder the investigation, the organ handling the case can not notify the family where the suspect is held.
By this point, many people will think that suspected of endangering national security crimes, terrorist crimes, away from their own, perhaps, but I want to tell you that if you write articles, write microblogging, may be suspected of inciting subversion of the state crime, and foreigners in contact, may be suspected of stealing, spying, buying, illegal provision of state secrets, intelligence crimes for foreign countries, of course, if you just pay money to finance others to do something sensitive, may If you really have nothing, it does not exclude that the authorities first give you such a crime, and then, after six months or even longer investigation, said, we found out clearly, you were provocative crime, we handle the case according to the law, now you can see a lawyer. Such a practice, will it happen? Reality is not ruled out.
Do not think that under such an ultimate weapon, you only need to simmer for six months, solitary confinement, maybe six months, but to the detention center, you may still not see a lawyer, because, the residential surveillance is six months, after the end, is still the investigation stage, this stage, the lawyer to meet with the police need to agree, basically not agree. This stage, generally within 7 months, but can be extended by law, to more than a year, therefore, up to more than a year, you still can not see a lawyer, do not know how their family, therefore, the vast majority of people’s choice: plead guilty, or go on TV and confess!
I fully understand that during the Cultural Revolution, those who wrote confessions to the point of calling themselves worse than animals abounded, because the flesh is weak. Every one of them, as Lao Tzu said, I have a great problem for my body. Therefore, understand these people who go on TV and confess their sins, because, “I also know that in me, that is, in my flesh, there is no goodness. For it is for me to will to do good, but not for me to do it. (Paul: Romans 7:18). I don’t know what the reason for such legislation is, but at least, I think that such laws cannot be applied to crimes other than terrorist crimes, and also, no matter what the crime is, no matter what the stage, lawyers should still be able to meet, rather than lawyers meeting with the police can be monitored. Because, now the investigation stage lawyers can say, but also very limited. But, the lawyer can not see people, Life and death, the family is really worried, which is also inhumane. This is a step backward from the 97 Criminal Procedure Law.
With confidence, I would like to say that the world will not be like this forever, and the law will not be like this forever. I read that the person who led the effort to make this law, his family was also placed under residential surveillance using this designated place, for crimes that are actually outside the three categories of crimes specified in the law. Welp.
With some of the relevant views of experts and scholars, I hope that the revision of the law, it will be beneficial.
Professor Zuo Weimin, a professor at Sichuan University, criticized: “However, in practice, residential surveillance is sometimes used as a means of punishment for criminal suspects and defendants, alienated into ‘disguised detention’, which violates the basic human rights of criminal suspects and defendants in particular, which is fundamentally contrary to the concept of the development of the rule of law and human rights protection”.
Professor Bian Jianlin, a professor at China University of Political Science and Law, also criticized: “The application of residential surveillance, in addition to the above-mentioned cases for humane reasons, adds ‘because of the case This is not for the consideration of the suspect, is for the sake of the investigating authorities, may be for the investigating authorities to circumvent the law, the expansion of the application of residential surveillance open the door to facilitate. Imagine that the arrest has strict conditions for the application of facts and laws, and must be approved by the people’s procuratorate review. Then the arrest procedures should have been carried out, the organ in charge of the case as long as they think the case needs, they can be taken to residential surveillance, and residential surveillance for up to six months.
Professor Bian has further elaborated on residential surveillance as follows.
“First, the design of the system of residential surveillance of designated residence as a type of custody or quasi-custody is inconsistent with the legislative positioning of residential surveillance as an alternative to custody, and can even be said to be in conflict.
Second, Professor Bian said that “the scope of application of residential surveillance is inappropriate. …… will meet the conditions of arrest, but ‘because of the special circumstances of the case or the need to handle the case, to take the measure of residential surveillance’ as the object of application of residential surveillance, there will be a The reason for this is that it is not the original purpose of reforming the residential surveillance system. On the one hand, what is ‘because of the special circumstances of the case or the need to handle the case, to take residential surveillance measures more appropriate’, incoherent, flexible, and completely by the case authorities to explain themselves, which leads to the scope of application of residential surveillance has The scope of application of residential surveillance has a large uncertainty. …… On the other hand, the application of residential surveillance is entirely at the discretion of the organ in charge of the case, without the approval of the procuratorial authorities, i.e., without the key link of judicial review. In view of the compulsory nature of residential surveillance and the long duration of the application of residential surveillance, if the organ in charge of the case is allowed to adopt residential surveillance for criminal suspects and defendants who meet the conditions for arrest based on their own needs, it will undoubtedly give the organ in charge of the case the opportunity to circumvent the statutory arrest review and approval process and instead use a long period of Time to restrict or even deprive citizens of their personal freedom. This is extremely detrimental to the protection of procedural justice and the rights of suspects and defendants, and also deviates from China’s Constitution and the law provides that the application of arrest measures should be approved by the procuratorate or court decision. “
Third, Professor Bian said that “the designation of residential surveillance is suspected of alienation and may affect the legislative amendments to achieve other progress. …… To further regulate investigative behavior and curb the use of torture to extract confessions, this revision of the Criminal Procedure Law has adopted a series of legislative responses. In response to the judicial practice of extorting confessions through torture occurs mostly before the suspect is sent to the detention center, the legislation clarifies that the detained or arrested person should be sent to the custody of the detention center immediately after the detention or arrest; after the suspect is sent to the detention center, the investigator’s interrogation of him should be conducted in the detention center; and provides for the audio and video recording system, as well as the establishment of illegal evidence exclusion rules. Imagine, if residential surveillance, especially the expansion of the application of residential surveillance, then the legislation of strict arrest conditions, improve the arrest procedures and how meaningful, the legislation to curb torture to extract confessions taken a series of measures and how effective in judicial practice, there are reasons to doubt and worry. The legislation is a little careless, the practice is likely to be magnified and abused. This is by no means a worry or alarmist. Therefore, a rational view of the different voices of the community on the system of residential surveillance, a serious review of the possible shortcomings of the legislation is desirable and beneficial. ”
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