When investigating duty crimes, the supervisory organ may take technical investigation measures after strict examination and approval procedures as needed.

When investigating duty crimes, supervisory organs need to go through strict examination and approval procedures, and can take some technical investigation measures, such as telephone and network monitoring. However, these investigation methods must meet the statutory conditions, otherwise they will be considered as illegal invasion of privacy.

According to the provisions of the Supervision Law of People's Republic of China (PRC) and the Criminal Procedure Law, the supervisory organs need to go through the corresponding examination and approval procedures when investigating duty crimes, and the scope of investigation must be strictly limited. In addition, technical investigation must follow legal procedures, strictly protect citizens' personal rights and privacy, and must not cross the bottom line stipulated by law. At present, the technical investigation methods that supervisory organs can adopt include telephone monitoring, SMS sniffing, network monitoring and video monitoring. When using these technical means, legal conditions must be met, such as the consent of the project leader and the competent leader, and the assistance of public security organs or relevant institutions is needed when necessary. It is worth noting that the principles of legality, justice and necessity must be observed when using technical investigation methods. If the investigation method or means excessively infringes on citizens' personal rights, it will be considered as an illegal invasion of privacy, and the relevant personnel of the supervisory organ may face corresponding administrative or criminal responsibilities.

If the technical investigation methods adopted by the supervisory organ violate the relevant regulations, can illegal evidence be used as the basis for conviction and sentencing? If the technical investigation means adopted by the supervisory organ violates the relevant provisions, the evidence obtained shall be deemed as illegal evidence and cannot be used as the basis for conviction and sentencing. According to the Criminal Procedure Law of People's Republic of China (PRC) and other relevant laws and regulations, the court should exclude illegally obtained evidence when trying a case, and it shall not be used as the basis for conviction and sentencing.

When investigating duty crimes, supervisory organs can take some technical investigation measures, but they must meet the statutory conditions, strictly limit the scope of investigation, and abide by the principles of legality, legitimacy and necessity. If the supervisory organ adopts improper investigation methods in violation of relevant regulations, it may lead to the acquisition of illegal evidence and seriously affect the fairness and justice of the case trial.

Legal basis:

Article 44 of the Supervision Law of People's Republic of China (PRC) * * * Supervisory organs may take necessary investigation measures for cases suspected of duty crimes. But it must go through strict examination and approval, and the scope of investigation must be limited to the scope of the case.