More than 1,000 people indicted for new crown pneumonia case

More than 30% of the crimes of fraud are involved in the crimes involving the epidemic; the suspects are confirmed patients or suspected patients, and their medical treatment is guaranteed first

What are the characteristics of cases that occurred during the new crown pneumonia epidemic? During the epidemic, how does the procuratorial organ reflect the unity of punishing crimes and protecting human rights in handling cases? Relevant persons in charge of the Supreme People's Procuratorate said that during the "SARS" period, the number of prosecutions involving SARS outbreaks filed by the procuratorial organs was only 353, and as of today, the number of prosecutions involving prosecutions related to the new crown pneumonia epidemic had exceeded 1,000. The characteristics of crime network and informationization are obvious, and the crime of fraud accounts for more than 30% of all cases involving new crown pneumonia. For cases in which the criminal suspect is a confirmed patient or a suspected patient, in principle no detaining coercive measures shall be taken, and medical treatment must be guaranteed first.

New crown pneumonia outbreaks exceed SARS

Both the new crown pneumonia epidemic and the SARS epidemic are public health emergencies. Compared with the SARS period, what are the characteristics of the cases that occurred during the new crown pneumonia epidemic?

Yesterday, Miao Shengming, director of the Office of the Leading Group for Prosecution and Prevention of Prosecutions and Chief Procuratorate, answered the reporter ’s question and said, “The most prominent is the number of cases. During the period of SARS, the prosecution authorities involved in prosecutions. The number of SARS cases is only 353. As of today, the number of new crown pneumonia outbreaks filed by procuratorates across the country in accordance with the law has exceeded 1,000. The number of procuratorial agencies involved in public security investigations has reached more than 6,000. "

Miao Shengming said that, on the whole, during the occurrence of public health incidents, there may be a greater degree of similarity between the illegal and criminal acts that may be involved. During this epidemic, most of the crimes involved in typical cases occurred during the SARS period.

However, Miao Shengming emphasized that the economic and social background, epidemic situation and severity of the two outbreaks are quite different.

In terms of distribution of crimes, Miao Shengming stated that the cases involving prosecutions handled by the procuratorial organs during the SARS period were mainly concentrated in the manufacture and sale of counterfeit drugs, driving up prices, fabricating, and intentionally disseminating false terrorist information.

During the outbreak of the new crown pneumonia this year, the top three crimes handled by the procuratorial organs for the crimes related to the epidemic were the crime of fraud, the crime of obstructing public service, and the crime of producing and selling medical equipment that did not meet the standards. More than 30% of the total, the three types of crimes during the SARS period accounted for about 3% of the total during the new crown pneumonia epidemic.

The network and informatization characteristics of this crime

During the new crown epidemic, criminal means changed. Affected by the advancement of network technology and the popularity of smart phones, the characteristics of cyber crime and informatization during this epidemic were obvious, which directly affected the speed and scope of the epidemic.

Judging from the current cases of prosecution agencies involved in investigation, guidance, evidence collection and handling, apart from resisting epidemic prevention and control crimes and violent injuries and medical crimes, most of the other types of crimes involve the Internet, especially in the largest number and the highest proportion of frauds. The majority of crimes and rumor-making rumors are implemented through WeChat, QQ, Taobao and other online platforms.

Miao Shengming said that, to a certain extent, it is precisely due to the convenience and concealment of Internet transmission. The number of crimes such as fraud during the outbreak increased sharply, and the spread of crime was much faster than that of SARS. ", The scope of transmission was far greater than that during the" SARS "period, and it was more harmful to society.

Confirmed or suspected patients are not detained in principle

During the new crown pneumonia epidemic, how did the procuratorial organs reflect the unity of punishing crimes and protecting human rights in handling cases? According to Miao Shengming, in the application of compulsory measures, for cases where the suspect is a confirmed patient or a suspected patient, in principle no detaining compulsory measures are taken. We must first ensure medical treatment, reflect humanitarian care, and obey prevention and control. The overall situation of the epidemic. After the treatment is over and the suspect is physically recovered, he will be properly handled according to the law according to the circumstances of the case. For a confirmed or suspected patient with serious crime, it is recommended that the public security organs monitor and live in an appropriate manner and place.

For other suspects who have taken coercive measures, implement the judicial concept of “less arrest and careful prosecution” and reduce the pre-trial detention rate, and seriously conduct a review of the necessity of detention. If no detention is necessary, change the compulsory measures in a timely manner.

The reporter noticed that there were similar situations in the typical cases released by the Supreme People's Procuratorate. In Jiangxi, Lanxi City, Zhejiang Province, suspected of selling fake and shoddy products, the procuratorial organs carried out a review of the necessity of detention of Jiang Moumou who has been arrested according to law. Based on the situation of the case and the actual production and operation needs of a labor protection equipment factory in Lanxi City, the public security agency is recommended to The actual controller of the enterprise and Jiang Moumou, who is responsible for the daily production and operation of the company, changed the mandatory measures to obtain a guarantee pending review, which effectively prevented the normal production and operation activities of the enterprise from being affected and guaranteed the supply of local epidemic prevention materials.

Don't ignore program legitimacy for "become quick"

On procedural safeguards, Miao Shengming emphasized that the lawsuit rights, especially the right to defense, of criminal suspects and defendants are protected in accordance with the law.

According to the current situation of epidemic prevention and control, if it is necessary to combat crimes that hinder epidemic situation in time to achieve education and guide the public, the procedural rights of suspects and defendants must be protected in strict accordance with the law, and the speedy and simple On the basis of the time limit for delivery and notification of ordinary procedures, from the perspective of improving the efficiency of case handling and strengthening self-restraint, as far as possible, the efficiency of investigating, approving, prosecuting, and trial of judicial organs should be improved to shorten the time for handling cases, reflecting the "according to law "Fast" policy orientation.

He emphasized that the legality of the procedure and the infringement of the party's procedural rights must not be ignored for the sake of "being quick".

According to reports, out of the four typical cases released by the Supreme People's Procuratorate, 9 cases have been processed by expedited procedures, all of which are based on the relevant provisions of the Criminal Procedure Law and the strict protection of suspects' procedural rights. In order to comply with the law and the protection of rights organically.

Beijing News reporter Wang Jun