China News Service, June 3rd, Hou Yahui, director of the Fifth Procuratorate of the Supreme People's Procuratorate, pointed out that since 2018, national procuratorates have submitted procuratorial opinions on "temporary leave reduction" applications, decisions (decisions) activities, and issued corrections for illegal and The procuratorial recommendation was 86,000, and 80,000 were adopted. Supervision corrected a number of cases of irregular execution of changes in the penalties of "powerful people" and "rich people".
On the 3rd, the Supreme People's Procuratorate held a press conference on "Strengthening the execution and supervision of penalty changes and promoting a win-win and win-win situation", informing the national procuratorates of the legal supervision of the execution of penalty changes, and issuing the nineteenth batch of guiding cases of the Supreme Prosecution.
Hou Yahui introduced at the meeting that the execution of punishment as the last link of criminal justice activities is related to the realization of criminal justice functions and is related to national political security and social harmony and stability. It is an important duty of the procuratorial organ to exercise legal supervision over the execution of penalties according to law. Commutation, parole, and temporary execution outside prison (hereinafter referred to as "temporary reduction") is an important penalty enforcement system in our country, and it is also a key link that easily breeds corruption and generates judicial injustice in judicial practice. The Party Central Committee attaches great importance to it and the society generally pays attention to it. .
Hou Yahui said that in recent years, under the strong leadership of the party committees at all levels, procuratorial organs at all levels in the country have cooperated with the penal execution organs and the people’s courts and restricted each other. They have carried out legal supervision of the “temporary leave reduction” activities in accordance with the law to ensure the execution of changes in penalties Fair and just.
The first is to fully implement the punishment responsibilities for changing the penalties. Since 2018, procuratorial organs around the country have implemented working methods such as combined tour inspection and stationed inspection, combined written inspection and on-site investigation, comprehensive inspection and key inspection, and comprehensively strengthened the application, trial, adjudication, Execution and other aspects of synchronous supervision, especially to strengthen the supervision of key positions and key links such as the adjustment of criminal positions, scoring assessment, merit awards, disease identification, and prevent the occurrence of illegal acts from the source.
Since 2018, the national procuratorial organs have submitted procuratorial opinions on “temporary reduction” applications, decisions (decisions) activities, issued 86,000 rectification suggestions and procuratorial suggestions, and received 80,000. For major crimes such as duty crimes, financial crimes, and triad crimes, major contributions have been made to propose key cases such as commutation or large commutation, short intervals, high assessment scores, and long parole test periods. Investigation, re-identification and other methods were verified one by one, strictly grasping the physical conditions and procedural requirements of "three types of criminals" and "temporary reductions", and supervised and corrected a number of cases of irregular execution of penalty changes by "powerful people" and "rich people" .
Strictly in accordance with the provisions on filing and review of commutation, parole, and temporary off-duty execution cases for criminal offenders, the higher procuratorate conducted a filing review on the "temporary reduction of crime" cases of criminal offenders, and found that the case had doubts or there may be violations of laws and regulations Investigate and verify in accordance with the law, and put forward corrective opinions in accordance with the law when the decision of "temporary reduction of leave" is wrong; seriously find and analyze the cause of the problem for the proportion of "temporary reduction of leave" of the criminals of duty crimes is significantly higher than that of other criminals, and submit to the relevant units according to law Comments or suggestions.
The second is to establish and improve the mechanism of execution of changes in penalties and legal supervision. In order to implement the overall national security concept and further strengthen the coordination and cooperation between the procuratorial organs and the judicial administrative organs, on September 19, 2019, the Supreme People’s Procuratorate and the Ministry of Justice held a joint meeting on penalty enforcement and legal supervision in Beijing, exchanging the penalty enforcement and laws Supervise the work.
The meeting decided that the Supreme People's Procuratorate and the Ministry of Justice should establish a joint working mechanism for criminal execution and legal supervision. Regular joint meetings should be held to strengthen business research and work exchanges. In accordance with the relevant requirements of the meeting minutes, the procuratorial organs of various regions regularly hold joint meetings with the judicial administrative organs to study the common problems in the execution of penalty changes and legal supervision, continuously improve the level of law enforcement, and jointly safeguard judicial justice.
The third is to promote the application of parole in accordance with the law. In order to give full play to the function of parole, the Supreme People's Procuratorate has conducted field investigations and discussions with the Supreme People's Law, the Ministry of Justice and other relevant departments on many occasions, studied and formulated relevant work opinions, and clarified the work objectives and specific measures for promoting parole in accordance with the law.
Some local procuratorial organs actively cooperated with local people's courts and judicial administrative organs to convene joint meetings through regular or irregular meetings, to jointly study and solve the problems in parole work, and determine the consensus reached in the form of meeting minutes. Uniform law enforcement and judicial standards. Some local procuratorial organs, in conjunction with local courts, use business training as an entry point to gradually change the working concepts and ideas of law enforcement and judicial personnel, and continuously improve the understanding of parole work by case-handling personnel.
The fourth is to vigorously promote the construction of information on the execution of changes in penalties. Further implement the relevant requirements of the Central Political and Law Commission's "Opinions on Strictly Regulating Commutation, Parole, and Temporary Execution of Judgment Execution, and Effectively Prevent Judicial Corruption" regarding "Construction of a platform for commuting cases on parole and parole online", and strengthen cooperation with judicial administrative agencies and people's courts. Communicate, coordinate and coordinate, study and formulate technical standards for the construction of a platform for information processing of commutation and parole, and formulate and issue the "Technical Specifications for the Construction of Information Platform for Prosecution and Parole Information Processing by Procuratorial Organs" in conjunction with the procuratorial work, and work together to promote the orderly construction of the platform.
At the same time, taking the opportunity of R&D of unified business application system 2.0 as an opportunity to deeply analyze the problems and deficiencies in the current unified business application system "temporary reduction" case processing module, and organize the unified business application system including the "temporary reduction temporary" processing module It will be revised and improved to further enhance the scientific and technological content and informatization level of the "supervised temporary" legal supervision work.
Fifth, it is necessary to seriously investigate and deal with the crimes related to official duties behind the illegal “temporary reduction”. Investigating and handling related crime cases behind the execution of illegal penalties is not only an important responsibility entrusted to the procuratorate by the law and an effective means to enhance the rigidity of supervision, but also an important part of the overall anti-corruption situation in the country.
Since 2018, local procuratorial organs have strengthened their work communication with the Commission for Discipline Inspection in accordance with the relevant provisions of the Criminal Procedure Law, insisted on the combination of rectification of violations of the law and investigation of official crimes, and firmly grasped the issues of judicial injustice and corruption that are prone to occur in the execution of changes in penalties The key link is to highlight the investigation and handling of judicial crimes of favoritism, commutation, parole, and temporary execution outside the prison.
Since 2018, procuratorial organs across the country have filed investigations and handled 52 cases of favoritism fraud, parole, and temporary execution outside the prison, effectively punishing judicial injustice in the area of penalty change enforcement. At the same time, procuratorial organs at all levels combined with the typical cases handled, promptly carried out the interpretation of cases and warning education, and put forward procuratorial suggestions to the relevant departments to promote plugging loopholes and prevent abuse of power.