The so-called preliminary target of the anti-corruption bureau of the prosecutor's office is actually a criminal suspect, but he is left with leeway before the interrogation is broken, because once th

The so-called preliminary target of the anti-corruption bureau of the prosecutor's office is actually a criminal suspect, but he is left with leeway before the interrogation is broken, because once the interrogation fails, such as in a bribery case, he may be released and returned to his original position. In this position, we will face a judicial ethics issue, which is difficult for prosecutors and police officers to face themselves, so we created a buffer zone called the subject of preliminary investigation. In fact, when the prosecutor general decided to contact the subject of the preliminary investigation, the investigators were already convinced that he was a criminal suspect, and the next step was to interrogate and obtain a confession. The investigator's thinking is that of presumption of guilt. He has been put on the opposite side, and he must confidently break through his lipstick and turn him into a criminal suspect in the legal formal sense. Although the record made by Qian after the breakthrough was called "inquiry record", it was just a formality. However, the objects faced by the Discipline Inspection and Supervision Commission are different, and the mentality of the staff is also different. Review investigation work is similar to investigation work, that is, "people investigate things." That is to say, the person under investigation is clear. We need to find out what is wrong with him and find out the problems. In the end, if we really can’t find it, we will return the person’s innocence. Sometimes it’s because of incompetence and lack of evidence, and sometimes it’s because the person is indeed innocent. of. It can be said that the work ideas of the Discipline Inspection Commission and the anti-corruption investigators are similar. They both work with colored glasses and the idea of ????"presumption of guilt". However, the work of the Discipline Inspection and Supervision Commission is different in that the subject under investigation cannot be directly regarded as a criminal suspect in the legal sense. It cannot be so simple and direct, either in a formal sense or in an inner sense, and this is something we should pay attention to. Therefore, the Commission for Discipline Inspection and Supervision has a saying: During the review and investigation, we are all comrades and equals. In fact, this is indeed the case. Before being transferred to the judicial authorities, the subject under investigation cannot be called a criminal suspect, neither formally nor in the heart of the staff. Because it is entirely possible that after the verification is completed, the subject under investigation will only receive job adjustments or punishments according to the first three forms of the "Four Middle Forms" and will not enter judicial proceedings. In other words, there is a third situation in the cases handled by the Commission for Discipline Inspection and Supervision, which is to organize the handling. He is still our comrade and a leading cadre.

The last two situations of the objects contacted during the investigation constitute a crime or are not sufficiently guilty (including absolutely innocent and illegal but not meeting the criminal standards). There are three types of Discipline Inspection and Supervision Commission: those that constitute a crime, those that constitute a violation of discipline or the violation does not reach the level of a crime, and those that do not violate discipline or violate the law, or those that constitute a violation of discipline and the law but reach the level of a crime but have a good attitude and will not be transferred to justice. Therefore, it can be said that from an expected perspective, the objects faced by censorship interviews are different from the objects faced by investigations. We front-line personnel must know this in their hearts. Otherwise, we will not be able to do the right thing when we talk, and sometimes even have bad effects.

Therefore, we must be clear that the solutions for the objects we face are different. We must be very clear from the bottom of our hearts and keep a clear head at all times.

Second, the purpose is different. The procuratorate is a legal supervision agency, and the purpose of the official crime investigation department is, first of all, to combat crime. That is, by investigating and handling clues about job-related crimes, combating job-related crimes and punishing crimes are the primary purposes. In fact, in practice, the procuratorate's official crime investigation department does give priority to suspected crimes when handling clues. It does not deal with some disciplinary violations or ordinary official violations, and many clues are left unanswered. This assessment mechanism can also be shown. The procuratorial organs' assessment of duty-related crimes mainly refers to data such as major case rate, prosecution rate, judgment rate, amount of recovered losses, etc. The assessment of these data directly evaluates the efficiency and intensity of the procuratorial organs in combating job-related crimes.

Of course, fighting crime is only one of the purposes, and preventing crime is also the long-term or fundamental purpose. In fact, the procuratorial organ is also a political organ in nature and has political attributes. The procuratorate later recognized this problem and established a duty-based crime prevention department. As stated in criminal law theory, the purpose of punishment is divided into special prevention and general prevention.

It can be said that the interrogation has a sense of condescension, while the conversation has the sense of equal communication. During the conversation, the interlocutor and the person he is talking to communicate on an equal and comradely basis and should be called comrades. By reviewing the oath of joining the party together, we can regain our original aspiration and achieve the purpose of educating and saving from the ideological level, persuading comrades who have made mistakes to take the initiative to return to the right path, and believe that the organization relies on the organization. This method is very different from investigation and interrogation.

Many times, what is not relied on is strong deterrence to defeat the person you are talking to. On the contrary, through heart-to-heart conversations, the person you are talking to can take the initiative to realize their mistakes, sincerely repent, and take the initiative to explain their problems. It should not be because of the handling of the case. Although the subject confessed, once he wakes up, he will feel regretful and have bad views on the disciplinary inspection and supervision agencies because of the clever tactics of the interlocutor who induced him to confess. They even think that disciplinary inspection and supervision work is a conspiracy, which is to punish people and attack them.

Many of the subjects of review are leading cadres who have made significant contributions to the party and the country. There are also many groups of people involved, and their family members, relatives and friends all have certain status in society. Everything that happens to the subject of review will be transmitted. If a member of the disciplinary inspection and supervision agency emphasizes so-called strategies and strategies, it will damage the impact of this work and can be said to violate its political nature.

On the contrary, we must review the conversation and help the person sincerely admit his mistakes and repent, so as not to have a negative impact on the party and the country. Let the work recipients recognize the justice of the work, which is a "conspiracy" rather than a "conspiracy". Therefore, there is a big difference between the way of examining interviews and the way of investigating and interrogating. The difference is that censorship interviews focus on ideological and political work, while investigative interrogations focus more on interrogation techniques and strategies.