Joke Collection Website - Blessing messages - How long can the public security organs retrieve the criminal suspect's cell phone records?
How long can the public security organs retrieve the criminal suspect's cell phone records?
Legal analysis
People's Republic of China (PRC) (China) citizens' freedom of communication and privacy are protected by law. No organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the need of national security or the investigation of criminal offences, when the public security organ conducts communication inspection or in accordance with the procedures prescribed by law. The police can only retrieve the call records according to the mobile phone number, and there is no way to know the content of the call, unless the public security organs go through strict examination and approval procedures and take technical policy measures in advance for specific criminal suspects to monitor their mobile phone calls. The cancelled phone number cannot be called. Once the number is cancelled, it is impossible to handle all related businesses. Because the cancelled mobile phone number is empty or has been used by others, it is impossible to call out the call record. To view the call records, you need not only the service password of the mobile phone number, but also the SMS verification code through the mobile phone. If the phone is turned off or the account is cancelled, you can't view the call records. From the operator's point of view, after the card is cancelled, the user name will be cancelled, so there is no active account under the number and it is impossible to record the call record. The previous call record will be completely updated after the next activation of the number, that is, when the number is in the cancellation state, the call record will automatically become invalid. The mobile phone number has been cancelled for 3 months due to suspected personal privacy disclosure, but it has not been reused by others. Can you check the previous call records and information (except public security personnel) through the mobile business hall?
legal ground
Article 149 of the Criminal Procedure Law of People's Republic of China (PRC) does not include the time limit for psychiatric appraisal of criminal suspects in the time limit for handling cases. Decision of the National People's Congress on Amending the Criminal Procedure Law of People's Republic of China (PRC). Part II, Chapter II, Section VII is added as Section VIII: "Technical investigation measures" Article 148 After putting a case on file, the public security organ may, according to the needs of investigating crimes, adopt strict examination and approval procedures for crimes endangering national security, terrorist activities, organized crimes of underworld nature, major drug crimes or other crimes seriously endangering society. "After filing a case, the people's procuratorate may, according to the needs of criminal investigation and through strict approval procedures, take technical investigation measures for major corruption and bribery crimes and major criminal cases that seriously infringe upon citizens' personal rights by taking advantage of their powers, and hand them over to the relevant authorities for execution in accordance with regulations. To hunt down a criminal suspect or defendant who is wanted at large or whose arrest has been approved or decided, technical investigation measures necessary for the hunt may be taken after approval. Article 149 The approval decision shall determine the types and applicable objects of technical investigation measures according to the needs of investigating crimes. The approval decision is valid for three months from the date of issuance. Those who do not need to continue to take technical investigation measures shall be lifted in time; For complex and difficult cases, if technical investigation measures need to be taken after the expiration of the time limit, the validity period may be extended after approval, and each time shall not exceed three months. Article 150 Technical investigation measures must be taken in strict accordance with the types, applicable objects and time limits of the approved measures. Investigators should keep confidential the state secrets, business secrets and personal privacy they know in the process of taking technical investigation measures. Materials irrelevant to the case obtained through technical investigation must be destroyed in time. "The materials obtained through technical investigation measures can only be used for the investigation, prosecution and trial of crimes, and shall not be used for other purposes." The public security organ shall take technical investigation measures according to law, and the relevant units and individuals shall cooperate and keep the relevant information confidential. Article 151 In order to find out the case, when necessary, the person in charge of the public security organ may decide to conceal his identity for investigation. However, it is not allowed to induce others to commit crimes, and it is not allowed to use methods that may endanger public safety or cause great personal danger. "For the criminal activities of paying drugs and other contraband or property, the public security organ may, according to the needs of investigating crimes, implement controlled delivery in accordance with regulations. Article 152 Materials collected through investigation in accordance with the provisions of this section may be used as evidence in criminal proceedings. If the use of evidence may endanger the personal safety of the relevant personnel, or may have other serious consequences, protective measures such as not exposing the identity of the relevant personnel and technical methods shall be taken. When necessary, the judge can verify the evidence outside the court. "
- Previous article:Where can I put advertisements in Zhihu's network promotion?
- Next article:Can the new car be insured in advance? What is the standard?
- Related articles
- How to cancel China Mobile's "Automatic Traffic Refueling Package" by SMS?
- How to find out which mobile phone number Tik Tok sends consumption SMS to every month?
- Why didn't I get the message from 10086 on 9 100?
- 2022.3.5 Can migrant workers from Handan area enter Beijing?
- Is this true [Consumer Finance] XX, regarding your loan case, it has been suspected of malicious breach of contract. I'm going to apply to the relevant authorities to freeze the client?
- How to close the audit treasure SMS
- Words of greeting and caring for the diseases of the elderly
- Why can't the enterprise WeChat receive the message notification?
- Where is Daxiong from on the talk show?
- Can the calling card find the information sent by the other party?