Case Concerning Investigation Supervision of a Gang-like Criminal Group Led by Liu X and Liu Y
(SPP Guiding Case No. 215)
Key words
Supervision of investigative activities; Residential surveillance at a designated location; Exclusion of illegal evidence; Supplementary investigation
Summary
During the period of residential surveillance at a designated location, the people's procuratorates shall strengthen legal supervision over investigative activities in accordance with the law. Upon discovering clues indicating illegal evidence collection, the people's procuratorates shall conduct investigation and verification in accordance with the law. With respect to evidence obtained through illegal means, after a comprehensive examination of the circumstances, such as the method, frequency, and consequences of the evidence collection, if the conduct has inflicted pain of an unbearable degree on the criminal suspect, such evidence shall be excluded in accordance with the law. Following the exclusion of illegal evidence, where it is necessary to further ascertain the facts of the case, the people's procuratorates shall adopt appropriate measures, such as returning the case for supplementary investigation or conducting supplementary investigation on its own, to complete and reinforce the chain of evidence.
Relevant provisions
Articles 52, 56, 57, 119, and 175 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Articles 2, 13, 66, 67, 68, 72, 73, 74, 75, 341, 342, and 567 of the Rules of Criminal Procedure for the People's Procuratorates (Rev. 2019)
Articles 2, 4, 5, 17 of The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice on the Provisions of the Several Issues concerning the Strict Exclusion of the Illegally Obtained Evidence in the Handling of Criminal Cases (No. 15 [2017] of the Supreme People's Court, effective as of June 27, 2017)
Article 8 of The Supreme People's Court on the Opinions on Establishing and Improving the Working Mechanisms for the Prevention of Miscarriages of Justice in Criminal Cases (No. 11 [2013] of the Supreme People's Court, effective as of October 9, 2013)
Articles 8, 67, 195, 196 (now Articles 8, 71, 200, 201 in the Rev.2020) of the Provisions on Procedures for Handling Criminal Cases by Public Security Organs (Order No. 127 of the Ministry of Public Security of the People's Republic of China, effective as of January 1, 2013)
