Seven retired criminal investigators volunteering to solve cases sparks debate: Is it legal to be an off-establishment detective with no official post and no pay? Lawyers explain
Lead
Recently, a news story that “7 retired veteran criminal investigators set up a studio to assist the police in solving cases, with no official establishment status and no remuneration” attracted widespread attention. According to reports, relying on investigative experience accumulated over decades, these retired investigators voluntarily organized themselves to assist public security authorities free of charge in analyzing clues, assessing case circumstances, and even participating in visits and screening in certain cases. While the public praised this “retired but not resting” professional dedication, a legal question also surfaced: to what extent can ordinary citizens who have no law enforcement powers, no official establishment status, and receive no remuneration participate in the investigation of criminal cases? Is this “off-establishment detective” model legally tenable?
From a lawyer’s perspective, this news appears on the surface to be a heartwarming social story, but in essence it touches upon a core proposition in criminal proceedings: investigative power, as state public power, is strictly limited by law as to both the entity that exercises it and the procedures by which it is exercised. Citizens’ active participation in social governance is commendable, but once they cross the line, they may slide from assisting in solving a case to unlawful evidence gathering or even infringement of citizens’ personal information, thereby entering the realm of illegality.
I. Investigative power is a statutory public power, and individual citizens have no right to exercise it independently.
According to Article 3 of the Criminal Procedure Law of the People's Republic of China, investigation, detention, execution of arrest, and preliminary examination in criminal cases shall be the responsibility of public security organs. Unless otherwise specially provided by law, no other organ, organization, or individual shall have the power to exercise these powers. This means that investigative power has a distinct state-exclusive character, and not everyone with investigative capacity can naturally enjoy it.
Although retired criminal police officers once possessed law enforcement qualifications, once retirement procedures are completed, their police status terminates, and they no longer have the statutory powers of serving police officers. When they assist the police in solving cases, legally they are closer to the role of “citizen assistance” or “expert consultation” rather than independently exercising investigative authority. In judicial practice, similar “non-establishment detectives” participating in cases can usually only provide auxiliary work such as experience-based judgment and clue analysis, and cannot independently carry out compulsory investigative measures such as interrogation, search, and seizure.
It is commendable that this voluntary assistance model has, to a certain extent, alleviated the pressure of insufficient grassroots police manpower and also reflects citizens' enthusiasm for participating in social governance. But lawyers must warn: enthusiasm cannot replace authority. Once a retired criminal police officer holds himself out as an "investigator" and questions or searches suspects, or even restricts their personal liberty, this may constitute unlawfulness, and if the circumstances are serious, may also violate criminal law.
II. Legal Boundaries of Citizens' Assistance in Solving Cases: Seizing and Delivering, Reporting, and Red Lines for Evidence Collection
The law does not completely prohibit ordinary citizens or retired police officers from assisting in solving cases, but the boundaries are very clear.
First, citizens have the right to seize and deliver. Article 84 of the Criminal Procedure Law provides that any citizen may immediately seize and deliver to a public security organ, a people's procuratorate, or a people's court for handling any person who is committing a crime or is discovered immediately after committing a crime, who is wanted on a warrant, who has escaped from prison, or who is being pursued. This is a limited coercive power conferred on citizens by law, but it is limited to "seizure and delivery" and cannot replace detention or arrest.
Second, citizens have the right and obligation to report wrongdoing, report cases, and provide leads. A retired criminal police officer providing analytical opinions to the police based on experience and assisting in sorting out leads constitutes lawful citizen assistance.
Third, the red line in evidence collection must not be crossed. If a retired criminal police officer, in the course of assisting, without authorization records a suspect by audio or video, searches a residence, seizes property, or even obtains a confession by threats or inducement, such evidence may be determined to be illegally obtained evidence in criminal proceedings and excluded pursuant to Article 56 of the Criminal Procedure Law. More seriously, illegal search or illegal intrusion into another person's residence may violate Article 245 of the Criminal Law; illegally obtaining or selling citizens' personal information may constitute the crime of infringing on citizens' personal information.
In legal practice, similar cases have occurred: in one place, a retired police officer voluntarily assisted in handling a case and, without obtaining lawful authorization, on his own found the suspect for a “talk” and recorded it. In the end, not only was the recording not admitted by the court, but the retired police officer was also investigated on suspicion of illegally obtaining evidence. This lesson shows that however extensive one’s experience may be, it cannot replace statutory procedures.
III. Labor and Work-Related Injury Risks Behind Retired Criminal Investigators’ Unpaid Work
In this news report, the lack of official establishment status and remuneration is another legal point worthy of attention. A retired criminal police officer and a public security organ do not form a labor relationship, nor does the arrangement amount to typical employment under a service relationship; it is closer to gratuitous assistance or volunteer service.
Under Article 1190 of the Civil Code, a person with full civil capacity who is at fault for causing harm to another person while temporarily lacking awareness of his or her conduct or having lost control of it shall bear tort liability. In the context of unpaid assistance, however, if a retired criminal police officer suffers personal injury while assisting in solving a case, can it be recognized as a work-related injury? The answer is no—because no labor relationship exists, the Regulations on Work-Related Injury Insurance cannot apply. Compensation for the injury can only be claimed from the relevant parties through the tort liability part of the Civil Code or the principle of equitable liability, and the avenues for protecting rights are relatively narrow.
In addition, if a retired criminal police officer causes harm to another person through fault in the course of providing assistance—for example, a mistaken identification that leads to an innocent citizen being investigated—then under Article 1165 of the Civil Code, a person who through fault infringes upon another person’s civil-law rights and interests and causes harm shall bear tort liability. If the public security organ is negligent in its management, it may also bear corresponding liability. This means that obligatory assistance is not “zero risk,” and both the retired criminal police officer individually and the public security organ must clearly anticipate the consequences of their actions.
IV. Implications for Ordinary People and Enterprises: How to Participate Lawfully in Social Governance
This news also serves as a warning and reference for ordinary people. In daily life, many enterprises, community organizations, and volunteer teams also participate in public security patrols, anti-fraud awareness campaigns, dispute mediation, and other work. Lawyers recommend focusing on the following three points:
First, clarify your role. Assistance does not mean law enforcement. If clues to a crime are discovered, promptly report them to the police, and the public security organs shall handle the matter in accordance with the law. Never attempt to “solve” the case on your own.
Second, evidence preservation must be lawful. Ordinary citizens may take photographs and make audio recordings in public places, but they must not intrude into another person's residence, open letters without authorization, or illegally obtain citizens' personal information. The use of corporate surveillance equipment must also comply with the relevant provisions of the Personal Information Protection Law.
Third, purchase appropriate insurance. Volunteer organizations and social organizations that assist policing may take out accidental injury insurance for participants to reduce the risk of personal injury.
For public security organs, when introducing retired criminal investigators and other professional forces to assist in their work, standardized entry, management, and exit mechanisms should be established, and the scope of work, confidentiality obligations, and legal responsibilities should be clearly defined to avoid disputes arising from inadequate management.
Conclusion
The voluntary dedication of seven retired veteran criminal investigators reflects the precious value of continued professional contributions by retirees in social governance. But law is a discipline concerned with boundaries, and both enthusiasm and professionalism must operate within the framework of the rule of law. Whether retired police personnel, ordinary citizens, or enterprises, when assisting in solving cases or in public security prevention and control, all should remember: investigative power belongs to the state, citizen assistance has boundaries, and evidence-collection procedures must not be overstepped.
Guangdong Zhiming Law Firm has long focused on criminal defense and the protection of civil rights, and has handled a large number of cases involving the exclusion of illegally obtained evidence, infringement of citizens' personal information, and liability for damages in voluntary assistance. If you or your enterprise encounter legal uncertainties while participating in social governance or assisting law enforcement, it is advisable to promptly consult a professional lawyer to clarify the boundaries of conduct and prevent legal risks.
