This system governs investigations and other mandatory measures
taken in accordance with law by public security authorities and
procuratorates in handling cases. It consists of provisions
regarding the nature and mission, organizational structure,
principles of activities and working procedures of investigation
authorities.
Status and Nature of Public Security Authorities
Public security authorities are an important part of the
government. They are both an administrative arm and a judicial
organ since they are in charge of criminal investigations, playing
a unique role in cracking down on crimes and maintaining social
security.
Criminal Police
Criminal police are a major force of the police.
1.
Qualification Requirements for Investigative Officers
Article 26 of the People's Police Law provides that investigative
officers should meet the following conditions:
- Citizens at least 18 years of age;
- Support the Constitution of the People's Republic of
China;
- In good political, professional and moral standing;
- Have at least a senior high school education;
- Willing to be a policeman.
Persons who have the following records should not be a member of
the police:
- Having received criminal penalty for committing a crime;
- Having been dismissed from public office.
2.
Promotions
Police are divided into 13 ranks in five categories:
- Police Commissioner and Deputy Commissioner;
- Police Superintendent Level 1, 2 and 3;
- Police Inspector Level 1, 2 and 3;
- Police Sergeant Level 1, 2 and 3;
- Police Constable Level 1 and 2.
The Ministry of Public Security supervises the ranking and
promotions of the police.
Investigations
1.
Acceptance and Establishment of Cases
Public security authorities should immediately accept, inquire
about, take notes of and hear cases of suspects turned in, reported
or brought to the police by citizens or suspects who turn
themselves in. Those that meet conditions should be accepted and
filed as a case and for complicated and material cases, an
investigation plan and, if necessary, necessary measures have to be
taken.
2.
Procedures for Criminal Investigations
For criminal cases that already been filed with the police,
investigations should be launched for a thorough and impartial
collection of evidence that may determine whether the suspect is
guilty or innocent and, if guilty, whether it is a felon or a
misdemeanor. Depending on actual needs, various detective means and
measures will be taken in strict compliance with statutory
procedures.
3.
Procedures for Detentions and Arrests
Public security authorities may proceed to detain criminals caught
in the act or material suspects in accordance with statutory
procedures; they may also seek approval from procuratorates for an
arrest warrant for suspects for whom sufficient evidence of
incrimination exists and a sentence is likely, and for whom
measures such as obtaining a guarantor in anticipation of trial out
of custody and surveillance of residence is insufficient for
ensuring social security and order.
4．Procedures for Case Transfer and Prosecution
Cases concluded by public security authorities for which the facts
are clearly established, evidence is verified and sufficient, the
nature of crime and name of felony correctly defined, legal
procedures completed and for which criminal liabilities should be
prosecuted, should be transferred to the procuratorate at the same
level to determine whether public prosecution is warranted.
5.
Procedures for Evidence Gathering
Detectives should strictly follow statutory procedures in
collecting all kinds of evidence that can prove whether a suspect
is guilty or not, or how serious the felony is. Extortion of
confession through torture and collecting evidence through threat,
inducement, deception or other illegal means are strictly
forbidden.
