Chapter 46: Miranda Rights
"Wait, I'm a little confused. What is the scar examination department www.biquge.info the pen and the Cabinet sand department? Isn't this kind of case supposed to be handled by the forensic and forensic departments to search for clues? That's how it is played on TV. And that confession question, so many police officers are still not manpowered?"
"You've watched too many TVB dramas, right? If TV wasn't misleading, there might really be a forensic department in Hong Kong, but we don't have it in the mainland. The trace inspection department, as the name suggests, is the trace inspection department, which is equivalent to the forensic department in the TVB series in terms of the nature of its work. ”
"There is no forensic department in the mainland? ”
"It doesn't matter what the name is, both have similar functions. ”
"What about taking a confession? What do you mean by not having enough manpower?"
"It's just that there aren't enough people. They now have to protect the scene and search for suspects, so they don't have time to ask us to record confessions. ”
"Did the officer have time to question you just now, and why did he later say that it wasn't a formal statement?"
"Normally, the police need to record a statement by at least two law enforcement officers from the police station, and there must be a written record. After the interrogation is recorded, it is also necessary for the person to be recorded to confirm that the statement is recorded correctly, and then both the person being recorded and the person recording the confession must sign or affix their fingerprints before it can take effect. ”
Chen Yang thought for a while, and then continued to add: "Under special circumstances, if only one policeman can make a record of the person who is recorded as a confession, then the process of making a record this time needs to be videotaped for investigation. Because of this, the officer's questioning just now cannot be called a 'confession'. ”
"It feels so complicated, it's not the same as what you see on TV. Didn't the police officers in those dramas often say, 'You have the right to remain silent, but everything you say will probably be called testimony in court,' and it's all false?"
Chen Yang smiled: "Everything on TV has been artistically processed. But it's not that everything on TV is fake, it's just that it's normal for there to be differences in the process of law enforcement due to different regions and specific laws and regulations. For example, the sentence you just mentioned is actually from Miranda rights. ”
Chen Yang then explained the Miranda Declaration to Wang Yiyuan.
Miranda Rights, also translated as the Miranda Declaration or Miranda Warning, is actually a legal system of special significance in American criminal procedure, stipulating that criminal suspects have the right to remain silent. There are five main points:
1. You have the right to remain silent, and everything you say to any police officer may be used as evidence against you in court.
2. You have the right to appoint a lawyer before being questioned by the police, and he or she can accompany you throughout the whole process of interrogation.
3. If you can't afford to pay a lawyer's fees, a lawyer will be provided to you free of charge before all inquiries as long as you wish.
4. If you are unwilling to answer the question, you can terminate the conversation at any time.
5. If you wish to speak with a lawyer, you can stop answering questions at any time, and you can let the lawyer accompany you throughout the question.
This declaration is something that the police must inform suspects when they interrogate them.
After Chen Yang explained, he continued with a smile: "The Miranda Declaration also caused a lot of controversy when it was proposed in the United States, and the laws and regulations in my country are different, so naturally it will not be the same as them. The core of the Miranda Declaration is the right to silence, that is, the defendant has the right to remain silent, but the Chinese criminal law clearly stipulates that the defendant has the obligation to voluntarily confess the facts of the crime and cooperate with the judicial authorities in the investigation.
"So the sentence you see on TV, if it's a TV series in the mainland, it's a law enforcement film in the mainland, and the police can talk like that, it can only mean that the screenwriter is legally illiterate. Taking 10,000 steps back, even if we are in a country that implements the Miranda Declaration, we are only witnesses in this incident, because we were the first to find the scene of the murder and call the police, and that declaration is not valid for us, and the police will not declare it. ”
Wang Yiyuan listened carefully to Chen Yang's "lecture on law popularization", and it was not until the other party finished speaking that she finally took a long breath: "I finally believe that you are a lawyer." Not only do domestic laws and regulations come as soon as you open your mouth, but you also know foreign laws. It seems that I really underestimated you before. ”
Originally, with Chen Yang's personality, he must brag about himself again at this moment. But now the environment is different, the two are still at the scene of the murder, and there is a body of the victim lying not far away, which is really not a good time to joke.
So after Chen Yang heard that Wang Yiyuan praised himself a few words, he just smiled slightly and did not reply.
An hour later, people from the criminal investigation team of the city bureau finally arrived at the scene. There is also an acquaintance among the people who came-Ni Jun.
After Ni Jun arrived, he didn't check the body immediately, but walked up to Wang Yiyuan and asked with concern: "You called the police? Why are you two here?
"What can we do? We just came here to practice hiking, and somehow we were so unlucky that someone was killed. By the time we arrived, the murderer was long gone. It's a pity that they all blamed me for delaying the time and coming here one step late. If she had arrived earlier, she might have been able to stop the murderer, and maybe she wouldn't have died. Wang Yiyuan looked at the place where the victim's body was displayed, and began to blame herself again.
"Why are you still talking nonsense? The victim's victimization is the fault of the murderer, what does it have to do with you?" Chen Yang tapped Wang Yiyuan's head, and there was some dissatisfaction in his tone.
Ni Jun looked at the two of them and didn't look like they were doing anything, and his hanging heart finally let go. He patted Chen Yang on the shoulder and said, "Take good care of the circle, someone may come to record a confession for you later." I'll go check on the body first, and we'll talk later. ”
Chen Yang nodded, watched Ni Jun take his assistant to inspect the corpse, then turned around and said to Wang Yiyuan very seriously: "I repeat again, we just happened to encounter this matter, and it doesn't make much difference if we come one step earlier or one step later." Don't say things like that and take the blame on yourself, you know?"
Wang Yiyuan rarely saw Chen Yang so serious, so she nodded unconsciously in agreement.
After a while, sure enough, a police officer came over to record the confessions of the two of them, and omitted to mention them.
Although Wang Yiyuan promised Chen Yang not to blame himself again, she was still very uncomfortable in her heart. Could it be that I am so unlucky, either because I am injured myself, or because I want to watch others suffer? Is it true that I am really possessed by a moldy god or a moldy star descending to earth, as my friends say?