Traditional Culture Encyclopedia - Hotel reservation - Why is the Public Security Bureau handling a case in the hotel?
Why is the Public Security Bureau handling a case in the hotel?
Aside from the other merits of this case, in the second trial, one detail caught the author's attention: in the court investigation stage, the prosecution provided dozens of witness transcripts with similar contents, trying to prove that Hao Xinmao had the intention of embezzlement. However, the documentary evidence submitted by the prosecution clearly shows that the inquiries of these witnesses are mostly not in the witness unit and residence, nor in the public security and procuratorial organs, but in some hotels. The defense believes that these documentary evidences were obtained illegally and should not be accepted. In this regard, the prosecution explained that because witnesses were invited to the investigation organ to ask for evidence, no one paid for the trip and often opened a room in the hotel to handle the case. These places can be understood as the offices of investigation organs.
Hotels and hotels can be understood as offices of investigation organs. Perhaps it is for these reasons that there is a "hidden rule" for investigation organs to open rooms in hotels and hotels to handle cases. In fact, whenever there are so-called major cases, important cases and important cases, the so-called "task force" is set up, and the discipline inspection, procuratorial and public security organs without exception open rooms in hotels and restaurants to handle cases. Not long ago, this was the case in Liaoning, and so was the case in Inner Mongolia.
The first is the question of witnesses testifying. According to the provisions of the Criminal Procedure Law and the Ministry of Justice and other six ministries and commissions, the investigation organ can only ask witnesses at their residences and units, and can only do it in public security organs or procuratorates when necessary, and cannot designate other places. Obviously, hotels and guest houses are neither the residence or units of witnesses, nor the public security organs or procuratorates-if hotels and guest houses are understood as the offices of investigation organs, how horrible it would be! We all live in the office of the investigation agency! Therefore, it is illegal to obtain evidence from witnesses in hotels and restaurants. At least the witness testimony obtained in this way is flawed in evidence. It is understandable if the witness's consent is obtained in advance in hotels and restaurants-although it is illegal in legal form; If a witness is forced to testify in a hotel or restaurant without his prior consent, it is not only illegal but also unreasonable. The court should let these witnesses testify in court, not just decide the case based on their written testimony. Because the law stipulates that witnesses must testify in specific places, it is precisely to ensure that witnesses can testify voluntarily without interference from the external environment. Testifying in closed hotels and restaurants will inevitably increase the pressure that witnesses should not have. In this case, the competition between hotels is actually extremely fierce. Because of this, in order to attract customers, many hotels have launched many different hotel forms, such as theme hotels and couples hotels. On the other hand, hotels are also a very difficult field to control. The development of the hotel industry actually makes many illegal and even gray industries emerge constantly. The development of these gray industries is hard to prevent. In order to protect the safety of China people, the police often raid hotels. Speaking of which, are you particularly curious? This is why, in most cases, real couples will not be raided by the police when they stay in hotels, while fake couples can be seen at a glance and captured by hotels. Its essence is related to our big data.
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