"Contactless" case handling also ensures judicial justice and efficiency
The Supreme People's Procuratorate releases informatization to help typical cases of judicial cases during epidemic prevention and control
□ reporter Zhou Bin
File transfer, review, lawyer review, file review and other links are all handled on the "cloud"; handwritten electronic signatures crack the remote inquiries transcript signature printing problem; remote information processing for criminal complaints and judicial assistance to protect the legitimate rights and interests of the parties...
Today, the Supreme People’s Procuratorate released a typical case of judicial case handling during the prevention and control of epidemic information technology.
Solve the problem of smashing the record of remote interrogation
In traditional remote interrogation, the prosecutor sends the electronic version of the transcript to the detention center. After the clerk in the detention center prints out the paper version of the transcript, it is checked by the criminal suspect, signed and stamped, and returned to the prosecutor for signature and confirmation. The paper records are scanned as electronic records and uploaded to the unified business application system.
During the epidemic prevention and control, there are two difficulties in this process: the handling of cases is unsafe. The clerk at the detention center has face-to-face contact with the criminal suspects and the police who are called by the detention center, which increases the risk of epidemic transmission. The final paper record is not signed by the prosecutor, criminal suspect, witness, etc. at the same time, there is a problem of "subsequent signature", and the paper record is not easy to be discovered after being tampered with.
In the five cases released today, the People's Procuratorate of Nan'an District, Chongqing City, used handwritten electronic signatures to effectively solve the problem of stamping and printing the transcript of Wang's suspected theft case.
On February 5, the Nan'an District Public Security Bureau will take criminal detention Wang Mou to the Nan'an District People's Procuratorate for approval for arrest. Because of the outbreak of new pneumonia, prosecutors cannot go to the detention center to interrogate suspects. On February 10, under the witness of a suitable adult, the Nanan District Procuratorate used the remote interrogation handwritten electronic signature stamping system to complete the interrogation work. The prosecutor used the handwritten electronic signature stamping system to make an electronic transcript in the procuratorate, and signed the signature with the appropriate adult through the signature board, and then sent it to the remote interrogation room of the detention center synchronously. After checking and confirming, Wang directly signed and stamped on the signature board.
After the prosecutor, the criminal suspect, and the appropriate adult confirm the correctness, they shall submit to the handwritten signature stamping system for filing, and upload the electronic transcript to the unified business application system.
On February 12, Wang was a minor at the time of the crime because he committed a lighter crime, and truthfully confessed his crime facts after the case. He has a good attitude of pleading guilty, and has the conditions for guardianship and no social danger. Do not approve the arrest decision.
The remote handwritten electronic signature stamping system complies with the provisions of the "Opinions on Issues Related to the Application of Electronic Signatures and Electronic Fingerprinting in Criminal Proceedings" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security. Ensure that the original data is encapsulated into an unchangeable file format and saved and archived from the original system, which successfully solves the problem of "last mile" of remote interrogation during epidemic prevention and control.
The whole process of "cloud" to help plead guilty plea
During the epidemic prevention and control period, the procuratorial organ launched a "non-contact" case handling model, relying on a variety of information intelligent systems, covering the entire process of file handover, file review, trial interrogation, lawyer review, lawyer presence witness, sentencing suggestions and other links to promote plead guilty The implementation of the leniency confession and punishment system promoted the adoption of recommendations for accurate punishment by procuratorial organs, the efficient and speedy handling of cases, and the guarantee of handling cases according to law and preventing and controlling epidemics.
Among the 5 typical cases released this time, there are 3 such cases.
In the case of Li Mou and others suspected of illegally acquiring and selling precious and endangered wild animals handled by the Shanghai Railway Transportation Procuratorate, the procuratorial organs used informatization technology in file transfer, trial, lawyers' review, and file review.
In the remote review process, the procuratorial organ not only used the remote video equipment of the hospital to interrogate Lu on bail pending trial, but also connected and remotely reviewed Li Mou detained in the detention center of Chongming District.
In the case review process, the procuratorial organ completed the online file review based on the criminal intelligence auxiliary system, combined with the guilty plea punishment risk monitoring system, real-time early warning and risk assessment of the case, and the automatic comparison of the “category case” indictments and judgments to assist the contractor with precision Grasp conviction and sentencing.
In March this year, the Shanghai Railway Transportation Procuratorate concluded the case in a “non-contact” manner and filed a public prosecution against the defendants Li and Lu.
In the case of Zhang's obstruction of public affairs handled by the People's Procuratorate of Longfeng District, Daqing City, Heilongjiang Province, the procuratorial organs linked up with the law enforcement supervision of the public security organs through the "surveillance activity monitoring platform", and organically integrated the supervision of investigation activities with the work of review and arrest to handle cases against public security organs The process is supervised throughout the process, and two prosecutors are assigned to intervene in advance, using cloud video and other handheld office software to communicate and guide the investigation agency to investigate and collect evidence.
After approving Zhang's arrest according to law, the prosecutor handling the case completed the remote exchange procedure through the integrated exchange system, and twice reviewed Zhang through remote video, informing the rights and obligations and the relevant provisions of the guilty plea system. At the same time when explaining the case, explain the reasoning, guide repeatedly, and patiently explain the nature and harm of his behavior to Zhang. In the end, Zhang confessed his guilt and voluntarily signed the "Confessions Confessions and Penalties Approval Form" through a remote confession confession and acknowledgment system, agreeing to apply the expedited procedure for trial.
In the end, the court, detention center, and procuratorate tried the case remotely. The court adopted the procuratorate's sentencing proposal and sentenced Zhang to 11 months in prison.
Remotely handle criminal complaints to protect rights
Among these 5 cases, there is one case where grassroots procuratorial organs remotely handle criminal complaints and judicial assistance through informatization to effectively protect the legitimate rights and interests of the parties.
Part-time worker Yanmou (letter and petitioner) clashed with Zhang due to a dispute and was beaten to cause serious injuries. Zhang later surrendered himself. Zhang was sentenced to two years and 10 months in prison for intentional injury, with a civil compensation of 92,000 yuan. Because Zhang was unable to compensate and had no enforceable property, Yan did not receive any compensation.
Yan Mou complained to the People's Procuratorate of Chengguan District, Lhasa, Tibet Autonomous Region because of his dissatisfaction with the effective judgment. After a preliminary review by the interviewed police officers, it was found that the reason for his complaint was not established. However, as a criminal victim, due to the huge cost of treatment for serious injuries, coupled with the need to raise a daughter and support the elderly, the whole family is very difficult to live. The policeman informed Yan that he could apply for judicial assistance, and informed him of the online case submission materials and online video access channels.
Since then, Yan has repeatedly consulted the case handlers and the on-duty lawyers through remote video interviews. The case-handling personnel remotely connected with Yan Mou, the on-duty lawyer and the prosecutor who handled the original case, etc., to verify the situation of the case, and through the on-duty lawyer's legal answers and assistance, he calmed the doubts and dissatisfaction of Yan Mou. Yan finally withdrew the complaint’s petition request and accepted the procuratorial organ’s proposal for judicial assistance.
In March of this year, Yan submitted the "Judicial Assistance Application", "Disability Appraisal Opinion", information on economic losses and information about poor people through the remote access platform of WeChat public account. The case handling personnel of the procuratorial organ communicated with lawyers and petitioners several times to verify the details of the case through remote video handling, and synchronously sent SMS to inform Yan of the procedural information of the case handling.
The Chengguan District Procuratorate determined that Yan met the conditions for judicial assistance according to law, and decided to issue him a national judicial assistance of 40,000 yuan, and delivered a judicial assistance decision letter remotely. It takes only 4 working days to complete the entire judicial process from application, review to making a rescue decision.
Throughout the entire process of handling the case from petition complaints to judicial rescue cases, the Chengguan District Procuratorate used information technology to effectively resolve the social conflicts involved in the petition cases, and truly implemented "let data run more, let the masses run less" The requirements have made the people feel "efficient" fairness and justice in the case.
Newspaper Beijing, June 23