Complaint about improper investigation behavior [Public Security Investigation Stage]

Complaints and accusations are a litigation right enjoyed by parties, defenders, litigation agents and interested parties in accordance with the law. Complaints and accusations against specific illegal investigation activities are an important part of them. First of all, when a lawyer makes a complaint or accusation in the name of a defender, he or she should put the relevant case facts in writing in the complaint or accusation. Special attention should be paid to the fact that lawyers must strictly abide by the legal provisions when acting on behalf of appeals and accusations. Within the permitted scope, the case shall be submitted to the leader handling the case, the supervisor or the superior department in charge, the prosecutor of the prosecution department of the procuratorial organ stationed in the detention center, the superior procuratorial authority and other agencies that have the power to accept the case according to law. Secondly, the content of complaints and accusations reflects the accusations of the parties, and there are no definite facts at the same time. For example, the criminal suspect reported being beaten by the case officers and tortured to extract confessions. As a lawyer, it is difficult to verify these issues. Therefore, when making complaints and accusations, it is recommended to state, "According to the criminal suspect's description of being subjected to illegal interrogation, if the situation is true, it constitutes illegal evidence collection. The legality and objectivity of the relevant confessions obtained based on this are doubtful, and it is required to be corrected." Because whether the accusation is true or not needs to be verified by the judicial authorities, the opinions expressed by the lawyer must be fair, rather than what the criminal suspect accuses, the lawyer will regard it as fact. The defense lawyer needs to make judgments from the perspective of a legal person and an independent defender, so that the judicial authorities can feel that the lawyer plays a positive role and is not biased.

When a lawyer writes a letter of complaint or indictment in the name of a criminal suspect or his family member, the content must not involve the facts of the case that the lawyer has learned from serving as a defender, such as the criminal suspect's confession and defense and the case facts introduced by the case-handling agency. Because the matter is appealed and accused in the name of the family members, the family members have no way to know the relevant facts of the case. If they are not careful, it will become evidence for the lawyer to leak state secrets, which is very risky. Therefore, the letter of attorney is limited to what the family members know, and the lawyer needs to work hard on the legal basis and wording. Complaints and accusation materials provided to relevant departments in the name of lawyers cannot be shown to family members because they involve relevant case details and the investigation of the case is a state secret and cannot be disclosed.

If the criminal suspect and his relatives file a complaint request, and the lawyer believes that the case meets the conditions for complaint based on his work, the defense lawyer may file a complaint with the relevant agency on his behalf and request correction. Lawyers should avoid bringing subjective judgments into the process of reporting issues. They should reflect issues realistically and preferably in writing. Lawyers may file complaints or appeals to the same level or higher-level inspection agencies regarding misconduct by investigative agencies, or they may apply for help or lodge complaints to the Lawyers Association.