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职务犯罪的主体为国家工作人员,具有较丰富的生活阅历和社会经验,有一定的规避法律、反侦查意识和抗审讯能力。近年来,贪污贿赂犯罪与渎职侵权犯罪相交织的情况越来越突出,犯罪嫌疑人对抗侦查讯问的现象也越来越普遍,特别是渎职犯罪被查处的概率较低,犯罪心理强化的态势更为明显,这更使在讯问中运用讯问策略,促使犯罪嫌疑人如实交代自己罪行尤为重要。在实践中,对犯罪嫌疑人注重“心理限制”有助于提高审讯效率。犯罪心理学研究表明,侦查人员在讯问的关键阶段对犯罪嫌疑人进行心理限制,将带来对此类案件的突破。对犯罪嫌疑人进行心理限制,是遵循犯罪嫌疑人供述基本规律办案的重要环节,是供述动机产生的基础,是促使其尽快交代犯罪事实的有效途径。本文就心理限制在职务犯罪侦查工作中的运用略陈管见。
The main body of job-related crimes is state staff, with rich experience in life and social experience, and has certain ability to evade laws, anti-investigation and anti-trial. In recent years, the situation of intertwining corruption and bribery crimes and malfeasance and infringement crimes has become more and more prominent. The phenomenon of criminal suspects being confronted with investigation and interrogation is also becoming more and more common. In particular, the probability of dereliction crimes being investigated and dealt with is relatively low, and the criminal psychology is more strengthened Obviously, this makes it even more important to use interrogation tactics in interrogations so as to make the suspects truthfully account for their crimes. In practice, focusing on “suspect” “psychological limitations ” helps to improve trial efficiency. Criminal psychology studies show that investigators at the critical stage of interrogation of criminal suspects psychological limitations, will bring about a breakthrough in such cases. Psychological restrictions on criminal suspects are important links in following the basic rules of criminal suspects’ confession and are the basis for the motivation of confession. They are an effective way to prompt them to explain the facts of crimes as soon as possible. This article discusses the use of psychological limitations in the investigation of job-related crimes.