Supreme check: the suspect is first diagnosed or suspected to be protected

Supreme check: the suspect is first diagnosed or suspected to be protected

What are the characteristics of typical cases that hinder the prevention and control of new crown pneumonia? Compared with the SARS epidemic, how different are the cases that occurred during the prevention and control of the new crown pneumonia? Recently, Miao Shengming, director of the Office of the Leading Group of the Supreme People's Republic of China for the Prevention and Control of Epidemic Situation and the head of the First Procuratorate, was interviewed by reporters.

During this outbreak

Criminal network and information characteristics are obvious

Miao Shengming said that both the new crown pneumonia epidemic and the 2003 SARS epidemic were public health emergencies. Generally speaking, during the occurrence of public health incidents, there may be a large degree of similarity in the criminal acts that may be involved. However, the economic and social background, epidemic situation and severity of the two outbreaks are quite different.

First, the number of cases is different. The number of SARS-related outbreaks filed by the procuratorial organs was only 353. As of today, the number of cases involving new crown pneumonia cases prosecuted by the national procuratorial organs in accordance with the law has exceeded 1,000. The number of procuratorial organs involved in public security investigations has reached over 6,000 respectively More than 8,000 people.

Second, the distribution of charges is different. The epidemic-related cases handled by the procuratorial organs during the SARS period mainly focused on the crimes of manufacturing and selling fake and shoddy medicines, driving up prices, fabricating, and intentionally disseminating false terrorist information. During this year's new crown pneumonia epidemic, the procuratorial organs dealt with the epidemic-related crimes. The top three crimes in the cases are the crime of fraud, the crime of obstructing public service, and the crime of producing and selling medical equipment that does not meet the standards. Among them, the crime of fraud accounts for more than 30% of all cases. During the pneumonia outbreak, they accounted for about 3%.

The third is the different means of crime. Affected by the advancement of network technology and the popularization of smartphones, during the outbreak, the characteristics of crime network and informationization were obvious.

He introduced that in addition to resisting epidemic prevention and control crimes and violent injuries and medical treatment crimes, most of the other types of crimes involve the Internet, especially in the largest number of fraud crimes and rumor-frauding crimes, through WeChat and QQ. , Taobao and other online platforms account for the vast majority.

The suspect is a confirmed or suspected patient

Detention measures not applicable in principle

Miao Shengming said that 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. First, medical treatment should be guaranteed, humanitarian care should be reflected, and epidemic prevention and control should be obeyed The big picture. 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.

He mentioned that, in terms of procedural safeguards, the lawsuit rights, especially the right to defense, of criminal suspects and defendants are protected in accordance with the law.

Anyone who meets the leniency of guilty plea

As much as possible

Miao Shengming said that in the face of a sudden epidemic, the people are nervous and panic. When faced with strict control, inspection and testing, isolation and observation and treatment, sometimes they will show nervousness, even confrontation, resistance, and conflicts and disputes. And even violent conflict.

"In this case, we must insist on not only handling the case strictly in accordance with the law, maintaining the order of epidemic prevention and control, but criminal responsibility must be investigated in accordance with the law. At the same time, the confession and punishment system must be fully utilized to resolve social conflicts and disputes, and promote social harmony and stability Special role. "

He also mentioned that attention should be paid to different cases. In terms of crackdown, during the epidemic of the new crown pneumonia, in addition to obstructing prevention and control measures, driving up prices, illegal operations, and making fake sales, etc., two new crackdown points have been specifically added. One is violent injuries and medical crimes. The second is the crime of destroying wildlife resources.

For cases of serious transmission of pneumonia virus, violent injury to doctors, the use of epidemic conditions to make fake sales, and fraudulent use of opportunities, such as serious and subjective malignancy, and severe impact, even if you plead guilty and plead guilty, you must strictly grasp on a broad scale and reflect the law. The spirit of severe punishment.

He specifically mentioned that due to the impact of the epidemic, some of the duty lawyers have not returned to their posts. In some places, due to the upgrade of the detention center's prevention and control measures, the duty lawyers are unable to provide legal services.

In this case, the procuratorial organs strengthened communication with judicial administrative departments, legal associations, and regulatory departments, and made full use of remote audio and video, WeChat and other information-based methods to ensure the effectiveness of lawyers "present" and concrete.

Text / Reporter Meng Yaxu