China News Service, October 18th. On the 18th, the Supreme People's Procuratorate announced on its official website the main case data of the national procuratorial organs from January to September 2021.
Statistics show that from the perspective of the new crimes, 5,568 people have been prosecuted among the 17 newly added crimes in the Criminal Law Amendment (11).
The more numerous crimes included 4178 assaulting police, 613 for collecting illegal debts, 278 for dangerous work, 222 for throwing objects at height, and 143 for obstructing safe driving.
According to reports, from January to September 2021, the main case-handling data of procuratorial organs across the country showed the following characteristics:
1. The number of criminal prosecution cases has increased, and the quality and effectiveness of case handling have been stable
(1) Review the situation of arrest and prosecution.
From January to September 2021, procuratorial organs across the country approved and decided to arrest 670,755 criminal suspects of various types, a year-on-year increase of 20.6%; no arrests of 279,050 people, a year-on-year increase of 77%, and a non-arrest rate of 29.6%, a year-on-year increase of 7.4 percentage points.
A total of 1,273,051 people were decided to prosecute, a year-on-year increase of 15%; 229,815 people were decided not to prosecute, a year-on-year increase of 32.6%, and the non-prosecution rate was 15.3%, a year-on-year increase of 1.8 percentage points.
In terms of charges of prosecution, 263,281 persons with dangerous driving offences ranked first, up 30.6% year-on-year; second place was 150922 persons with theft offences, up 6.7% year-on-year; the third place was fraud offences 82,105 People, down 10.9% year-on-year; ranked fourth was 79,307 crimes of helping information network crimes, an increase of 21.3 times; ranked fifth was 63,238 crimes of opening a casino, an increase of 40% year-on-year.
From the perspective of the new charges, 5,568 people have been prosecuted out of the 17 newly added charges in the Criminal Law Amendment (11).
The more numerous crimes included 4178 assaulting police, 613 for collecting illegal debts, 278 for dangerous work, 222 for throwing objects at height, and 143 for obstructing safe driving.
(2) The application of the leniency system for confession of guilt and punishment.
Among the cases that have been reviewed and prosecuted, the number of people who applied the leniency system accounted for more than 85% of the number of people who were concluded in the same period; in the cases where the leniency system was applied, the procuratorial organs made a total of 955,766 sentencing recommendations, of which 863791 was determined. People, accounting for 90.4% of the total number of proposals, an increase of 21.6 percentage points year-on-year; the number of sentencing proposals put forward by the procuratorial organs, the number of people adopted by the courts accounted for more than 95% of the number of sentencing proposals put forward during the same period.
(3) Supervision and handling of criminal proceedings
1. Case filing supervision.
From January to September 2021, procuratorial organs across the country carried out 42221 cases (withdrawn) supervision of public security organs, a year-on-year increase of 12.5%; after supervision, public security organs have opened (withdrawn) 34925 cases, accounting for 82.7% of the number of supervisions, which is a year-on-year increase. Increase by 1.5 percentage points.
2. Correct the illegal investigation activities.
From January to September 2021, prosecutors across the country proposed to correct 47,633 cases of illegal conduct in investigative activities, a year-on-year increase of 30.1%; 38,974 cases have been corrected, with a supervisory acceptance rate of 81.8%, a year-on-year decrease of 5.5 percentage points.
3. Criminal protest.
From January to September 2021, procuratorial organs across the country filed 6,733 protests, an increase of 8.9% year-on-year; courts concluded 4,275 cases in the same period, of which 2,846 cases were revised and remanded for retrial, accounting for 66.6% of the total number of cases, an increase of 0.3% year-on-year.
4. Correct the illegal activities of criminal trials.
From January to September 2021, procuratorial organs across the country proposed to correct 6,938 cases of violations in criminal trials, an increase of 36.3% year-on-year; during the same period, judicial organs have corrected 6,419 cases, accounting for 92.5% of the proposed corrections, an increase of 5.8% year-on-year .
(4) Criminal enforcement procuratorial situation.
From January to September 2021, procuratorial organs across the country proposed to correct 39,078 people for improper “commutation, parole, and temporary execution outside prison”, a year-on-year increase of 6.4%; during the same period, 37,792 people were corrected, with a correction rate of 96.7%, a year-on-year increase of 1 percentage point.
38,018 cases of illegal acts in criminal enforcement activities were corrected, a year-on-year increase of 1.1 times; 35,755 cases were corrected in the same period, with a correction rate of 94%, which was the same year-on-year.
38,394 people were proposed to correct illegal activities outside prison, a year-on-year increase of 43.2%; 36,592 people have been corrected during the same period, with a correction rate of 95.3%, a year-on-year increase of 1.9 percentage points.
23,731 cases were corrected for improper performance of property judgments, a year-on-year increase of 32.7%; 23,043 cases were corrected in the same period, with a correction rate of 97.1%, a year-on-year increase of 6.3 percentage points.
(5) Handling of judicial personnel's duty-related crime cases.
From January to September 2021, procuratorial organs across the country filed a total of 1,840 crimes related to judicial staff to investigate, an increase of 79.3% year-on-year; of these, 149 were important cases involving officials at or above the county level, and 80 were in the same period last year.
Among the duty-related crime cases filed for investigation by judicial personnel, the crimes involved are more: 503 crimes of dereliction of duty, 422 crimes of favoritism, 390 crimes of abuse of power, and 163 crimes of commutation, parole, and temporary execution outside prison for favoritism. , Execution of judgments and rulings of 63 people for abuse of power, the total of the five crimes accounted for 83.8%.
2. The scale of civil prosecution cases has expanded, and the quality and effectiveness of supervision are improving
(1) Supervision of effective civil judgments, rulings, and mediation documents.
From January to September 2021, procuratorial organs across the country handled a total of 56,320 civil effective judgment supervision cases, a year-on-year increase of 8.6%. Among them, 3707 protests were filed to the court, an increase of 10.3% year-on-year. The court concluded 2,396 cases in the same period, and the retrial changed [[[ ] Specifically, it includes four results: retrial after retrial, mediation, remand for retrial, and settlement and withdrawal of the lawsuit.
]] 2033 cases, accounting for 84.9% of the completed trials, an increase of 8 percentage points year-on-year; 6714 cases of retrial procuratorial recommendations were put forward, a year-on-year decrease of 5.9%, and the court adopted 5131 cases during the same period, accounting for 76.4% of the number of submissions in the same period, an increase of 22% year-on-year.
(2) Supervision over civil trial activities.
From January to September 2021, procuratorial organs across the country put forward 32005 procuratorial recommendations on illegal acts in civil trial activities, a year-on-year increase of 86.9%.
The court adopted 27,250 cases in the same period, accounting for 85.1% of the total number of submissions in the same period, an increase of 3.2 percentage points year-on-year.
(3) Supervision of civil enforcement activities.
From January to September 2021, procuratorial organs across the country put forward 39,105 procuratorial suggestions on illegal acts in civil enforcement activities, a year-on-year increase of 98.1%.
During the same period, the court adopted 29,765 cases, accounting for 76.1% of the number of proposals submitted in the same period, a year-on-year decrease of 1.1 percentage points.
(4) Supervision of civil false litigation.
From January to September 2021, procuratorial organs across the country involved in 1188 cases of false litigation against civil effective judgments and mediation documents, a year-on-year decrease of 11%, and 3970 cases of false litigation in retrial prosecution proposals, a year-on-year decrease of 10.7%; Prosecutorial suggestions put forward in trial activities involved 1,020 false lawsuits, a year-on-year increase of 16.7%; procuratorial suggestions put forward for supervision of civil enforcement activities involved 608 false lawsuits, a year-on-year decrease of 10.1%.
(5) The situation of civil support for prosecution.
From January to September 2021, prosecutors nationwide supported a total of 29,303 prosecutions, an increase of 70.1% year-on-year. Among them, they supported migrant workers’ prosecutions in 20086, a year-on-year increase of 68.5%.
3. The administrative inspection and supervision continued to deepen, and the quality of cases was steadily improved
(1) Supervision over administrative effective judgments, rulings, and mediation documents.
From January to September 2021, procuratorial organs across the country handled a total of 10,409 cases of administrative effective judgment supervision.
A total of 128 protests were filed against administrative effective judgments, a year-on-year increase of 12.3%; the court closed 79 cases in the same period and 54 cases were changed in retrials, accounting for 68.4% of the number of cases concluded, an increase of 19.3 percentage points year-on-year.
152 retrial procuratorial recommendations were put forward, an increase of 90% year-on-year; the court ruled for retrial 44 cases in the same period.
(2) Supervision over administrative trial activities.
From January to September 2021, procuratorial organs across the country put forward 5,021 procuratorial recommendations on illegal acts in administrative trial activities, a year-on-year increase of 66.5%.
During the same period, the court adopted 4566 cases, accounting for 90.9% of the number of submissions, an increase of 10.7 percentage points year-on-year.
(3) Supervision of administrative execution activities.
From January to September 2021, procuratorial organs across the country put forward 17,750 procuratorial suggestions on illegal activities in administrative enforcement activities, a year-on-year increase of 31.9%.
In the same period, the court adopted 14,947 cases, accounting for 84.2% of the number of submissions, an increase of 5.7 percentage points year-on-year.
(4) The substantive resolution of administrative disputes.
From January to September 2021, a total of 4937 administrative disputes were substantively resolved, including 698 administrative dispute cases involving more than 5 years.
4. The number of public interest litigation prosecutors has increased, and the quality and effectiveness of the cases have been stable
(1) Case registration situation.
From January to September 2021, procuratorial organs across the country filed 1,24067 public interest litigation cases, a year-on-year increase of 13.4%.
Among them, 13,924 civil public interest litigation cases were filed, accounting for 11.2% of the total number of cases filed, an increase of 1.5 percentage points year-on-year; 110,143 administrative public interest litigation cases were filed, accounting for 88.8% of the total number of cases, a year-on-year decrease of 1.5 percentage points.
(2) Preliminary procedures.
From January to September 2021, procuratorial organs across the country carried out 104,734 pre-litigation procedures, a year-on-year increase of 14.6%.
(3) Initiation of lawsuits and judgments.
From January to September 2021, procuratorial organs across the country filed 6,500 public interest lawsuits, a year-on-year increase of 29.8%, accounting for 5.2% of the number of cases filed in the same period, an increase of 0.7% year-on-year.
Among them, 5,991 were civil public interest litigations, accounting for 92.2% of the total number of lawsuits filed, an increase of 0.5% year-on-year; 509 cases were administrative public interest litigations, accounting for 7.8%, a year-on-year decrease of 0.5%.
During the same period, the court made 4,703 first-instance judgments, of which 4,422 were civil public interest litigation and 281 were administrative public interest litigation; the judgment supported 4,682, accounting for 99.6% of the adjudication cases, an increase of 0.1% year-on-year.
5. Juvenile procuratorial work continues to advance, and special protection is strengthened
(1) Review the arrest situation.
From January to September 2021, prosecutors nationwide approved the arrest of 21,645 juvenile criminal suspects, a year-on-year increase of 26.5%; 19,116 people were not arrested, and the non-arrest rate was 47.8%, an increase of 11.1 percentage points year-on-year. The catch rate was 18.2 percentage points.
In the same period, 35,565 arrests were approved for crimes against minors, a year-on-year increase of 20.9%.
(2) Review the prosecution situation.
From January to September 2021, procuratorial organs across the country decided to prosecute 25,377 minor criminal suspects and not prosecute 14,730 people. The non-prosecution rate was 36.7%, an increase of 4.2 percentage points year-on-year, which was 21.4 percentage points higher than the overall criminal non-prosecution rate. .
At the end of the trial, 11,365 people made conditional non-prosecution decisions, an increase of 58.2% year-on-year, accounting for 25.8% of the number of trials concluded, an increase of 6.4 percentage points year-on-year.
During the same period, 42859 people were prosecuted for crimes against minors, a year-on-year increase of 7.2%.
(3) The development of relevant special systems.
From January to September 2021, prosecutors across the country carried out 2004 special preventions for those who did not approve arrests, did not prosecute, were sentenced to criminal penalties, and were not subject to criminal penalties under the age of criminal responsibility through help and education return visits, psychological counseling, and family education guidance. A year-on-year increase of 34.7%; 59,976 social surveys were conducted, an increase of 1.3 times year-on-year; 11,687 legal tours were conducted, an increase of 5% year-on-year.
6. The procuratorial functions of intellectual property rights are performed in a centralized and unified manner, and the protection is strengthened
(1) Criminal prosecution situation.
From January to September 2021, prosecutors nationwide approved the arrest of 5,993 suspects of intellectual property infringement, a year-on-year increase of 23.4%; prosecutions of 9730 people, a year-on-year increase of 16.9%, non-prosecution of 1,068 people, a non-prosecution rate of 9.9%, a year-on-year decrease of 0.9 Percentage points.
The crimes involved in the prosecution cases were mainly the crime of counterfeiting registered trademarks and the crime of selling goods with counterfeit registered trademarks, which were 4203 and 3456, respectively, and the two together accounted for 78.7% of the total number of prosecutions.
(2) Civil procuratorial situation.
From January to September 2021, procuratorial organs across the country accepted a total of 462 effective civil judgments and mediation supervision cases involving intellectual property and competition disputes, compared with 92 cases in the same period last year.
The cases were mainly concentrated in intellectual property rights and infringement disputes, with a total of 357 cases, accounting for 77.3% of the total; 44 cases involving intellectual property contract disputes, accounting for 9.5%.
7. The number of letters and visits increased year-on-year, but decreased compared with 2019. The judicial assistance work continued to advance
From January to September 2021, procuratorial organs across the country received 748,453 letters and visits from the masses, an increase of 9.1% year-on-year and a decrease of 1.3% year-on-year; 1,201 applications for criminal compensation were accepted, a year-on-year decrease of 6.8%, and criminal compensation was decided after review. 726 cases, a year-on-year decrease of 26.6%.
From January to September 2021, procuratorial organs across the country carried out a total of 21,403 judicial aids, a year-on-year increase of 52.2%, and issued aids of 250 million yuan, a year-on-year increase of 48.9%.
8. The handling of black and evil crime cases has become normal, and the protection of non-public economy has become more abundant
(1) The work situation of the special struggle against gangsters and evil.
From January to September 2021, procuratorial organs across the country approved and decided to arrest 4,488 people for criminal underworld crimes; decided to prosecute 13,925 people; arrested 79 people and prosecuted 385 people against the "Umbrella" of the underworld.
(2) Service guarantees the development of non-public economy.
From January to September 2021, procuratorial organs across the country arrested 6,546 criminal offences affecting the development of the non-public economy, a decrease of 15% year-on-year, and prosecuted 12,532 people, a decrease of 29.2% year-on-year; protested against civil effective judgments affecting the development of the non-public economy 441 There were 669 procuratorial suggestions for retrial, a year-on-year increase of 40%; 681 procuratorial suggestions were made for the supervision of civil trial activities, a year-on-year increase of 98.5%; 1265 procuratorial suggestions were made for the supervision of civil enforcement activities, a year-on-year increase of 86% ; 9 protests were filed against administrative judgments affecting the development of the non-public economy, 5 procuratorial suggestions for retrial, 30 procuratorial suggestions for the supervision of administrative trial activities, and 93 procuratorial suggestions for the supervision of administrative execution activities.
9. The leaders of the hospital actively handled cases, and the number of cases increased
(1) The case handling by the leaders of the admission hospital.
From January to September 2021, the leaders of the National Procuratorate Admissions Institute handled a total of 479,380 cases, a year-on-year increase of 15.1%.
Among them, the chief prosecutors at all levels handled 46,406 cases, accounting for 9.7%, a year-on-year decrease of 0.8 percentage points; deputy prosecutors, full-time members of the prosecution committee and other hospital leaders handled 432,974 cases, accounting for 90.3%, an increase of 0.8 percentage points year-on-year.
Among the cases handled by the leaders of the admissions court, there were 341,346 criminal prosecution cases (including criminal execution prosecution, juvenile prosecution, and accusation and appeal prosecution), accounting for 71.2%; 41992 civil and administrative prosecution cases, accounting for 8.8%; public interest litigation prosecution cases 81,020 cases, accounting for 16.9%; case management, 15,022 cases, accounting for 3.1%.
(2) The chief procurator attending the people's court adjudication committee meeting as non-voting delegates.
From January to September 2021, the chief prosecutors of procuratorates at all levels and deputy chief prosecutors entrusted by the chief prosecutors across the country attended 9165 people's court adjudication committee meetings, an increase of 5.7% year-on-year.
The chief procurator attended 4,907 person-times, accounting for 53.5% of the total attendance; the deputy procurator entrusted by the chief prosecutor attended 4,258 person-times, accounting for 46.5% of the total attendance.