China News Agency, Beijing, June 3 Question: Epidemic prevention, commutation, "black under the lamp": Chinese judicial authorities respond to hot issues in prisons
China News Service reporter Zhang Su
"Hubei, Shandong, Zhejiang and other places, prisons and other supervision places broke out in a new coronary pneumonia epidemic." "A case of intentional injury causing death in Beijing, the suspect is a prisoner who has been released from prison, and he has been continuously commuted after he was jailed..." For some time, the reports surrounding the "prison" caused heated discussion. At a press conference held by the Supreme People's Procuratorate of China on June 3, the relevant persons in charge from the Supreme Prosecutor and the Ministry of Justice responded to hot issues.
Epidemic prevention and control: "strengthen accountability" for negligent officials
As of 24:00 on February 20, a total of five prisons in Hubei, Shandong, and Zhejiang provinces had been infected with criminals. Among them, Wuhan Women’s Prison in Hubei Province and Rencheng Prison in Shandong Province each had more than 200 confirmed cases.
"According to the unified arrangement of the Central Political and Law Commission, the leaders and sponsoring prosecutors of the Fifth Procuratorate Office have been sent to Shandong, Hubei and other places to monitor the epidemic of the epidemic. The incident was investigated." Liu Fuqian, deputy director of the Fifth Procuratorate of the Supreme People’s Procuratorate of China, said that the Supreme Prosecutor also directed the Shandong Prosecutor to file a case to investigate the prison system Wang Wenjie, Liu Baoshan, and Deng Tihe and other three suspected dereliction of duty cases, and to guide the Hubei Prosecutor to properly perform Strengthen the supervision and prevention of risks in the relevant regulatory sites.
Talking about the next step to carry out criminal execution prosecution under the normalization of epidemic prevention and control, Liu Fuqian introduced four aspects of deployment: one is to do deep and detailed supervision of epidemic prevention and control inspections in the premises, and "actually and orderly resume the work of prison patrol inspection"; two It is to form a joint work with the Ministry of Public Security, the Ministry of Justice and other departments; the third is to "look back" at the local procuratorial organs; the fourth is to strengthen accountability, "causing serious consequences for epidemic prevention and control due to negligence of duty and weak supervision , And be held accountable in accordance with laws and regulations."
Mitigation of violations: supervision and correction of issues such as "redemption with power"
On March 14, a case of intentional injury causing death occurred in Beijing. According to reports, the suspect Guo Mousi (male, 37 years old, from Beijing) was a prisoner who was released after his sentence. He was sentenced to life imprisonment in 2005 for intentional homicide. After being sentenced to prison, he was commuted nine times in July 2019. He was released on the 24th.
On May 9, the Beijing Joint Investigation Team issued a notice: The relevant units and personnel have irregularities in law enforcement, violation of work discipline, and dereliction of duty. The Beijing Municipal Commission of Supervision has initiated investigations into prison officials Liu Moumou, Sui Moumou and others. And take detention measures.
"We will profoundly draw lessons from the Beijing Guomousi case, and make inferences and make in-depth rectifications," said Hou Yahui, director of the Fifth Procuratorate of the Supreme People's Procuratorate of China. He admitted that there are still some problems in the current penalty execution activities. For example, in the judicial practice, the judgment standards for the execution of some penalty changes are not clear, and the judicial standards for law enforcement are not uniform. For example, the score evaluation standards mainly focus on the performance of criminals. Accurately reflect the education and reform of criminals."
Talking about how the prosecutor strengthened the legal supervision of the execution of changes in penalties, Hou Yahui summarized it as "focusing on key points, improving effectiveness, increasing rigidity, and focusing on self-improvement." He said that he will focus on strengthening the supervision of key criminals and key links such as job adjustment, scoring assessment, merit awards, and illness identification, and continue to strengthen the supervision and correction of issues such as "redeeming one's power" and "lifting money out of prison."
"Strictly implement the law enforcement accountability system and have zero tolerance for violations of law and discipline in law enforcement activities." Li Jing, deputy director of the Prison Administration of the Ministry of Justice of China, emphasized the standardization of sentence reduction, parole, and temporary execution outside prison (hereinafter referred to as "temporary reduction") ) It is necessary to handle the "four levels", that is, the level of criminal assessment, the level of review and review, the level of publicity, the level-up review and the record level review.
Prevention of "black under lights": open and transparent handling of "temporary holiday reduction" cases
In a typical case released on the 3rd day of the Supreme People's Procuratorate, the prosecution, while temporarily supervising and violating the law, carried out supervision and correction, and filed a case to investigate and deal with the crime of the relevant judicial personnel.
Hou Yahui pointed out that the criminal acts in the field of law enforcement and justice that endanger judicial justice and infringe on the rights of citizens are usually intertwined with illegal and criminal acts in litigation activities, especially the judicial corruption in some "temporary reduction" activities, which are mostly related to law enforcement 1. Judicial staff are closely related to favoritism and abuse of power. The revised Criminal Procedure Law gives prosecutors the power to investigate and deal with crimes committed by relevant judicial personnel. In 2019, procuratorial organs across the country filed a total of 871 criminal cases related to judicial staff.
"Supervisors must accept supervision." In order to prevent "black lights" when handling cases, the prosecution has taken a series of measures to strengthen its own supervision. For example, to ensure that the "temporary reduction" cases handled by the procuratorial organs run online throughout the process; for another example, for the "temporary reduction period" cases of criminal offenders at or above the original level of the department, report to the highest inspection record for each case; To implement a life-long responsibility system for the quality of "temporary leave reduction" cases.
Li Jing also believes that informationization should be used to promote standardization. For example, she said that as of the end of 2019, 638 prisons across the country have built an information-based case-handling platform, 601 prisons have been established as in-house courts, and 422 prisons can conduct remote video sessions. "Improve the important matters and key links in the "temporary reduction of temporary" case handling and evaluation of rewards and punishments, achieve traces throughout the process, effectively reduce the factors of human interference, and ensure that the case handling process is open and transparent." (Finish)