China News Service, May 29. The highest inspection on the 29th released five typical cases of compulsory reports of violations against minors on the official website. details as follows:
1. Strictly handle the act of concealment to ensure the implementation of the mandatory reporting system
(1) Basic case
On the morning of March 17, 2018, a certain middle school security officer Lu Moumou molested Su Moumou (female, 14 years old) in the security room. On the afternoon of March 19th, taking the small animals he watched as bait, he took Su Moumou from the school security room to the work shed where he stayed, and forced obscenity by pressing and touching the chest. On the morning of March 20th, Su Moumou was sexually assaulted to the school teacher. Later, Su Moumou's sister, Lu Moumou and the teacher signed an agreement in the school, stipulating that Lu Moumou's labor company should compensate RMB 30,000 for the victim's family. On March 21, Su Moumou was dissatisfied after learning of the agreement, and demanded that Lu Moumou be held accountable, and then dialed the phone to call the police. This case occurred.
On January 31, 2019, the Prosecutor's Office of Xiaoshan District, Hangzhou, Zhejiang Province filed a public prosecution against the defendant Lu Moumou for compulsory indecent assault and made strict sentencing recommendations. Lu Moumou was sentenced to two years and three months in prison by the court and was expelled from the school.
(2) Discovery and disposal
1. Identify the facts of the case and rescue the victim in time. After the case, the procuratorial organ communicated and cooperated with the public security organ in a timely manner to provide evidence collection opinions. In response to the problem that the teacher involved in the case knew that the student had been sexually assaulted by the school security officer and concealed it, it was suggested that the public security organ should promptly obtain documentary evidence such as a compensation agreement signed by the three parties to fix the case. Teachers, the victim's family members and other verbal evidence laid the foundation for the follow-up accountability. Aiming at the victim's post-traumatic psychological stress response, he entrusted a professional psychological counselor to provide psychological counseling to help Su Moumou resume normal study and life in a timely manner.
2. Make and issue inspection recommendations, and strengthen campus safety management. In this case, Su Moumou was sexually assaulted twice on campus, and the school failed to detect it in time; after learning that he was sexually assaulted, the school teacher failed to strictly perform the report in accordance with the requirements of the mandatory reporting system in Xiaoshan District, Hangzhou Obligation, resulting in failure to receive timely protection and assistance, severe physical and mental trauma. Accordingly, the Xiaoshan District Procuratorate issued a procuratorial recommendation to the district education bureau, requesting that the school involved investigate and punish relevant personnel in accordance with the law and regulations, effectively find loopholes in campus safety management, and carefully analyze and rectify; it is recommended that the joint district public security branch bureau establish a district staff enrollment inquiry mechanism , Clearly including school work personnel into the scope of on-the-job enquiry personnel; requiring strict implementation of the mandatory reporting system for cases of violations of minors, strengthening the reporting responsibilities of the teacher group and the obligation to rescue the victimized students, and clearly refraining from reporting, concealing, and missing reports And other penalties, and effectively increase the protection of the rights and interests of minors in school.
3. Supervise the joint rectification and reform, and promote the implementation of mandatory reports. After the prosecution recommendations were issued, the Hangzhou Xiaoshan Procuratorate closely followed up and urged the school involved to implement the rectification, seriously criticized the education of the teachers involved in the concealment and not reported, and suspended the evaluation of their merits, promotion, and promotion. Be a class teacher, strictly implement reporting responsibilities; urge the district education bureau to organize special classes to thoroughly investigate the campus safety management issues in the district, formulate a list of responsibilities, implement rectifications on schedule, and promote the district education bureau and district public security branch bureau to improve the police school linkage mechanism and improve the teaching staff Employment inquiries system; supervise the district education bureau to sign safety responsibilities with schools and teachers in the district to ensure that responsibility is delivered to people; joint promotion and application of the "inspection and supervision clue report-Hangzhou" Alipay small program to further smooth the case clue report channel.
(3) Typical meaning
The key to the role of the mandatory reporting system is implementation. In this case, the Hangzhou Xiaoshan Procuratorate promptly urged the education authorities and schools to make serious rectifications in response to the violation of the mandatory reporting obligations of the school teachers involved, and carried out serious accountability of the teachers involved to ensure the rigid implementation of the system. At the same time, the initiative to benchmark the highest inspection "No. 1 Inspection Proposal", with case handling as a breakthrough, with mandatory report landing as the main starting point, and actively cooperate with public security, education and other functional departments to comprehensively investigate campus security and prevention related issues to help improve the campus The construction of safety prevention and control mechanisms has built a "firewall" for the healthy growth of minors.
2. Medical staff perform reporting duties to effectively expose crimes against minors
(1) Basic case
Since November 2019, the suspect Li Moumou has been playing punishment for his daughter Zhong Moumou (female, 10 years old), and often corporal punishment for Zhong Moumou by kicking and punishment. On the morning of February 6, 2020, Li Moumou arranged for Zhong Moumou to do his homework at home. At 13 o'clock, Li Moumou and Yang Mou, who went out home (cohabiting relationship with Li Moumou), discovered that Zhong Moumou was playing mobile phones secretly, the two corporal punishment Zhong Moumou by means of beating, kneeling, pouring cold water, etc. Until Zhong Moumou appeared unsupported. After Li Moumou and Yang Moumou discovered that Zhong Moumou had been unable to swallow and had teeth locked, Li Moumou realized that the situation was serious and dialed 120 emergency calls. Later, when the doctor saw the doctor, he found that Su Ming was suspected of being injured. Due to man-made, Li Moumou deliberately concealed the cause of his injury, and then performed the mandatory reporting duty and decisively called the police. This case was the case.
On February 8, 2020, after receiving the alarm, the police rushed to the scene in time to control the suspects Li Moumou and Yang Moumou. The following day, the Tiexi Branch of the Public Security Bureau of Xinxiang City, Henan Province detained Li Moumou and Yang Moumou for criminal detention. On March 16, 2020, the People's Procuratorate of Weibin District, Xinxiang City made a decision to approve the arrest of the two. On May 13, 2020, the public security organ transferred the case to the Weibin District People's Procuratorate for review and prosecution. The case is currently being processed.
(2) Discovery and disposal
1. Mandatory reporting creates prerequisites for timely resolution of cases. At 14:24 on February 8, 2020, the doctor who rushed to the scene found Zhong Moumou had no vital signs. During the consultation process, Li Moumou lied that the child was playing without eating and could not afford to fall, but the doctor noticed that the child was not wearing a coat during the winter, and the physical injury appeared to be caused by man. Xinxiang City, Henan Province, "Several Provisions on the Compulsory Reporting of Cases of Infringement of Minors (Trial)" requires that the police perform decisive reporting duties decisively and report to the police. The police rushed to the scene to control Li Moumou and Yang Moumou, and the procuratorate intervened in advance. It is the attending doctors who actively perform their mandatory reporting duties and promptly expose crimes, which to a certain extent solves the problem of finding such cases difficult.
2. The compulsory report lays the evidence base for powerful crime control. During the review and arrest of the case, the criminal suspect Yang Moumou argued that he was not involved in the crime at the scene when the case occurred. The procuratorial organ used the surveillance video and on-site survey report and other evidence collected by the public security organ to effectively expose the lies of the criminal suspect. . At the same time, the procuratorial organ clarified the various performances of the two criminal suspects after the incident based on the detailed testimony of the reporting doctor, and objectively refuted the suspect ’s argument that he had surrendered. The day after receiving the report, the public security organ criminally detained Li Moumou and Yang Moumou on suspicion of intentional injury. It is precisely because the case is reported in a timely manner, which creates conditions for the public security organs to conduct on-the-spot investigations and obtain relevant surveillance videos and other investigative activities, which helps the procuratorate to promptly intervene in the investigation and make suggestions for the comprehensive and objective collection of evidence.
3. Mandatory reports play a key role in densely woven protection nets. In September 2019, the Henan Procuratorate, together with the relevant functional departments, formulated a series of normative documents including the mandatory reporting system. The doctors in this case were able to actively perform their compulsory reporting duties, which is a concrete manifestation of the implementation of the mandatory reporting system by the relevant functional departments. In order to implement the mandatory reporting system at the grass-roots level and the frontline, the Henan Procuratorate took the opportunity to build a “one-stop” inquiry and rescue center for minor victims, and cooperated with the health authorities to widely publicize and mobilize, so that medical personnel can establish awareness of reporting ; Taking the rule of law into the campus' "hundred million project" special activity, and dispatching a vice president to manage as the starting point, so that the compulsory reporting system will be deeply popular in the industry in close contact with minors; to open the 12309 prosecution service center for judicial protection of minors The special area is an incision, and an information interaction platform is established with political and legal organs, administrative departments and social institutions to promptly accept minor criminal complaints, accusations and judicial assistance clues, and closely organize the minors' judicial protection safety net.
(3) Typical meaning
This case is a guardianship violation case in which medical staff resolutely report the case based on the mandatory reporting system. It is precisely because the mandatory reporting system is established and recognized by the majority of medical personnel that the cases of violations of minors can be reported in a timely manner, thereby creating conditions for the first time to collect and fix key evidence, and also for the detection of criminal cases of violations of minors. Difficulties, difficulties in obtaining evidence, and difficulties in accusation played a key role, and laid the institutional foundation for the judiciary to promote the formation of a coordinated, coordinated, and timely and effective judicial protection work for minors through case handling.
3. Teachers timely report public prosecutions in accordance with regulations and severely punish crimes of sexual assault
(1) Basic case
From 2015 to April 2019, the suspect Li Moumou used the QQ and WeChat chat software "nearby people" function to set the filter conditions to 10-20 year old female students, and then searched to add strange female chats, including Add a majority of female students in a middle school in Zaoyang City, Hubei Province. After gaining the trust of the victim in online chat, Li Moumou defrauded him, and carried out sexual assault on the victim by exposing the threat of naked photography, forced drinking, and beating. Since 2015, Li Moumou has sexually assaulted 15 victims (including 10 minors) in this way for more than four years. In April 2019, the victim Wu Moumou (female, 15 years old) was threatened by naked nude photos of Li Moumou, and reported to the school where she attended and called the police. The school promptly reported the clue to the procuratorate. This case was the case.
On April 18, 2019, the public security organ decided to investigate Li Moumou's alleged rape case. On May 24, 2019, Zaoyang City Procuratorate made a decision to approve the arrest of Li Moumou. Due to the seriousness of the case, the Zaoyang Procuratorate transferred the case to the Xiangyang Procuratorate for review and prosecution on November 22, 2019. On March 27, 2020, the Xiangyang City Procuratorate filed a public prosecution to the Xiangyang Intermediate Court for the crime of rape by Li Moumou. The case is currently under trial.
(2) Discovery and disposal
1. Dispose of clues in time to highlight the effectiveness of filing supervision. After receiving an alarm from the case, the public security organ immediately arrested Li Moumou, but only took administrative detention measures against it and did not file a criminal case. The school immediately reported to the Zaoyang City Procuratorate in accordance with Hubei ’s “Working Procedures for Establishing a System for Compulsory Reporting of Cases of Infringement of Minors’ Rights (Trial) ”, and the procuratorial organ received Communicate with the public security organ after verifying the clue. After investigation, Li Moumou's behavior was suspected of rape and should be investigated for criminal responsibility according to law. The procuratorial organ will initiate the filed supervision procedure on that day and notify the public security organ to file the case.
2. Focus on the investigation of the case and dig deep into the line index to reveal the crime. The procuratorial organ communicates and cooperates with the public security organ as soon as possible, and promptly puts forward evidence collection opinions. When it was suggested that the public security organs retrieve the fixed mobile phone information of Li Moumou in accordance with the law, it was found that there were more than 20 other victims suspected. The Zaoyang City Procuratorate quickly launched an emergency work plan, cooperated with the public security organs to assign capable personnel to investigate the case, collect fixed electronic evidence, one by one Determine the victim's identity information, conduct inquiries on the premise of protecting privacy, and conduct psychological counseling at the same time, and finally find out all the facts of Li Moumou's crime, and lay a solid evidence base for accurately accusing the crime.
3. Extend the supervision function and promote the long-term governance of the campus. The Zaoyang City Procuratorate took the opportunity of this case to conduct a survey on the implementation of the compulsory reporting system and campus safety management of 32 local schools, and issued inspection suggestions to the city's education bureau in light of existing problems. The city's education bureau adopted and adopted rectification measures for the first time, carried out learning activities in the city's education system to further strengthen the implementation of the mandatory reporting system, and re-emphasized the mandatory reporting obligation for all schools and teachers in the city; launched a special project to prevent illegal violations of hidden safety hazards Investigate activities to strengthen the management of campus safety and students ’daily behavior norms. A total of 51 hidden dangers were investigated, all of which were rectified, and the implementation of the school ’s prevention of illegal violations was included in the assessment; at the same time, the joint prosecution organs carried out in more than 400 schools in the city. A series of propaganda activities to prevent sexual assault and the rule of law were conducted to improve the self-protection ability of school students.
(3) Typical meaning
This case is a case of major vicious sexual assault that lasts for a long time, has a large number of victims, and mainly targets underage students. The procuratorial organ has established a compulsory reporting system for cases of violations of minors ’rights through multi-departmental cooperation, and has promoted the education and other departments with the responsibility of protecting minors to actively perform their mandatory reporting duties, exercise the power of filing and monitoring according to law, and work together with public security organs to crack down on crime The clues effectively and severely punished the severe crimes of sexual assault against many minors.
4. Mandatory reporting and construction of a campus protective net to block social adverse effects and crimes
(1) Basic case
On May 16, 2019, a teacher in a primary school in Jiangyin City, Jiangsu Province, discovered that the sixth-grade female student Dong Moumou (female, 12 years old) was smoking outside the school. After patiently and meticulously communicating with Dong Moumou, he learned that Dong Moumou had communicated with others Sexual relations occurred, suspected of being sexually assaulted. At the same time, through Dong Moumou learned that the school's other sixth-grade female student Chen Moumou (female, 12 years old) had a similar experience. After discovering the above, the teacher reported to the school as soon as possible, and the school immediately reported the case to the public security organ in accordance with the requirements of the city ’s mandatory reporting system for minor violations. At the same time, the Education Bureau informs the procuratorate about the situation. After investigation, from 2018 to March 2019, the off-campus idle staff Zhu Moumou, He Moumou and others knew that Dong Moumou and Chen Moumou were young girls under 14 years old, and still had sex with them under the pretext of "love".
The Public Prosecutor's Office of Jiangyin City in Jiangsu Province filed a public prosecution against Zhu Moumou and others for rape on August 5, 2019, and was sentenced by the court in accordance with the law. On May 17, 2019, He Moumou returned to court because He Moumou had similar rape cases in other regions. The case was transferred by the Jiangyin Municipal Public Security Bureau to other regional judicial authorities for processing. The case is still being processed.
(2) Discovery and disposal
1. Be keen to find problems and promptly investigate and punish crimes. Since the establishment of a compulsory reporting system for cases of violations of minors in 2018, the procuratorial organ of Jiangyin City, Jiangsu Province has actively guided and supervised the functional departments to implement their compulsory reporting responsibilities, and the awareness and sensitivity of the protection of minors among relevant personnel has been continuously enhanced. In this case, after the school teachers discovered the abnormal performance of the young female students, they were keenly aware of the possible violations, took the initiative to ask questions, and provided criminal clues in a timely manner. The procuratorial organ immediately intervened after receiving the notification from the school, and guided the public security organ to investigate and excavate suspected crimes while protecting the victim ’s personal privacy, and found that many off-campus social idlers used “love” as a guise to implement sexuality against young female students. Infringement cases.
2. Home and school joint education to guide and help the injured students. In response to Dong Moumou and Chen Moumou's values deviation, weak self-protection awareness, bad deviation behavior and other issues, the procuratorial organ, together with the school and the Youth Rights Protection Association, conducted puberty education, social interaction norm guidance and behavioral intervention. Family education guidance such as parent-child relationship and behavior supervision was carried out for parents. Through the two-pronged approach of school education and family education, the two students cut off bad social interactions, their behaviors changed markedly, and deviations in their ideas were corrected in time.
3. Strengthen the linkage of departments and improve the campus security prevention mechanism. After the case occurred, the school formed a team of campus safety observers, focusing on the improper interaction between students at school and social idlers. Supervise teachers to strengthen contact with parents and master students' dynamics outside the school. Campus security observers have strengthened linkages with public security and other functional departments to rectify the problem of infringing minors infringing on students ’rights and interests around the campus, and have constructed a strict campus safety protection network.
(3) Typical meaning
Young students are vulnerable to adverse effects, and the crimes of bullying and sexual assault caused by improper interactions between school students and idlers outside the school have a wide-ranging and negative effect on the student population. If they are not intervened in time, the harm will be serious. In this case, the judiciary and education department of Jiangyin City, Jiangsu Province, through the implementation of the compulsory reporting system, dug out a number of offenders who committed sexual assaults against female students in school from the accidental bad behavior of students. While punishing crimes in accordance with the law, on the one hand, the procuratorial organ carried out education and guidance work for the victimized female students, helping the two to correct their wrong ideas, establish correct values, and restore physical and mental health. On the other hand, in conjunction with schools to strengthen the education of the rule of law and safety, implement parenting education, and inspectors jointly secure the protective net to prevent young minors from being victimized and harassed by crime.
V. Intervene in time to rescue and severely punish cases of guardianship violations according to law
(1) Basic case
In 2007, due to the fact that the couple had no children all year round after marriage, they adopted a newborn baby girl named Li Jia. On May 9, 2019, Li Moujia (female, 12 years old), who was studying in a primary school in Tonglu County, Zhejiang Province, asked her class teacher for help, saying that her adoptive father, Li Moumou, had touched his chest many times at home since the summer of 2018. , Obscenity, etc. Li Moujia once told the foster mother, but the foster mother did not believe it and ignored it, so she reported to the teacher in charge. After receiving the request for help, the teacher immediately reported to the education department in accordance with the requirements of the compulsory reporting system. The county education bureau reported the case to the public security organ the next day and reported it to the procuratorial organ.
On May 10, 2019, the Tonglu County Public Security Bureau filed a case against Li Moumou for molesting a child. On June 4, 2019, Tonglu County Procuratorate made a decision to approve the arrest of Li Moumou. On August 7, 2019, the Tonglu County Procuratorate prosecuted Li Moumou for alleged child molestation. On August 27, 2019, the Tonglu County Court sentenced Li Moumou to imprisonment for three years and three months for child molestation.
(2) Discovery and disposal
1. Implement the compulsory reporting system and find that the intervention is both timely. In July 2018, the Hangzhou Procuratorate and the public security, education, health and other departments jointly formulated a municipal-level compulsory reporting system for violations against minors. Since the implementation of the system, Tonglu County Procuratorate has taken the initiative to strengthen communication with the county public security, education, health and other departments to reach a working consensus. At the same time, relying on the "rule of law to enter the campus" and "two micro-ends" new media platform, to promote the mandatory reporting system to the majority of teachers and students, open the system to run the "last mile." In this case, after the victim complained to the foster mother, she turned to the class teacher for help. The class teacher reported to the education department and the judiciary as soon as possible, and the school psychology teacher initially carried out psychological counseling. The Tonglu County Public Security Bureau opened the case for investigation on the day of receipt of the report clue. The next day, the Tonglu County People's Procuratorate intervened in time to ensure the effective investigation and handling of the case.
2. Relying on the "one-stop" mechanism, handling cases and double-simultaneously. When proposing evidence collection, the Tonglu County Procuratorate found that the objective evidence in this case was relatively weak, and the victim Li Moujia complained of unreasonable family members and blind grievances, resulting in persistent guilt, self-blame and other negative psychology. In this regard, the procuratorial organs use the "one-stop" case handling mechanism to conduct inquiries and psychological counseling on the victims to avoid "secondary harm". On the one hand, sort out the clues of the evaluation case, promptly submit suggestions to the public security organs, obtain relevant witness testimony, the victim and his adoptive father's chat records and other evidence; on the other hand, obtain the school's preliminary psychological intervention records, and invite senior psychological counselors through the county women's federation A Jia and his adoptive mother conducted multiple psychological evaluations and interventions, and the village committee members educated the adoptive mothers and other relatives in order to crack down on crime and protect and rescue simultaneously.
3. Coordinate socialization support, resettlement and assistance. In view of the particularity of this case, the Tonglu County Procuratorate has led several joint meetings to invite civil affairs, education, public security, women's federations, youth league committees, townships and villages to discuss the resettlement of victims. During the case, in order to adjust the mentality of the relatives, according to the advice of the psychological counselor, Li Mou was temporarily handed over to the county anti-domestic violence shelter. After the case was settled, after fully consulting Li Moujia's personal wishes to properly place it, the civil affairs department determined a volunteer to follow and accompany him, grasp the ideological dynamics, and provide life assistance. In order to alleviate economic difficulties, the Tonglu County Procuratorate also issued 10,000 yuan in judicial aid to Li Moujia. At present, Li Moujia has a good daily life and learning situation.
(3) Typical meaning
This case is a case of guardianship violation that occurred between members of the family, and it was found to be extremely difficult to investigate and deal with. However, because the school teacher is highly responsible and actively fulfills the mandatory reporting obligation, the case takes only three days from the victim's help to the judiciary's intervention To ensure that the case is investigated promptly and effectively in accordance with the law. In the process of handling the case, the Tonglu County Procuratorate invited psychological counselors to conduct psychological counseling through the Women ’s Federation in response to the psychological state of the victim; coordinated the grassroots organizations for the cognitive deviations of family members and relatives, and educated the guardians and their relatives; targeted the victims Temporary resettlement, joint civil affairs, women's federation and other departments carefully formulate resettlement plans, implement the asylum in the case, and follow up supervision and carry out life assistance in time after the case to build a comprehensive network to protect and rescue minors.