After being caught by the public security organ, he said, "Don't talk about it for half a year, don't count on me for a year," to sincerely stated that "I want to see the prosecutor", which lasted just over a month. This change of Li is a little surprised. During this period, the role of the Supreme People’s Procuratorate's publicity on the system of lenient confession and punishment of the rule of law can not be ignored.
High push
"All to see, all to learn, all to use"
On May 25 this year, Li, who went to work in Rugao City, Jiangsu Province, stole about 5.8 kilograms of gold jewelry worth more than 2 million yuan from a gold shop after a year of stepping and planning. The public security plane arrested him on June 5. Subsequently, the Rugao City Procuratorate sent personnel to intervene in advance. After full discussion and analysis of the case and evidence, the prosecutor suggested that the public security officers broadcast a legal video about the system of plea guilty and punished leniency to Li.
When seeing the case of the same charge and similar plot in the propaganda film, the final verdicts of confession and not confession were very different, Li listened very seriously. "What is a confession of guilt? Will the previous'zero confession' affect the range of confessions? Will the procuratorial agency propose a lenient sentence? The case is ultimately a court decision. Will the sentence recommendation of the procuratorial agency be adopted?" One "question mark" appeared in Li's mind.
"The parents are old and the child is only 7 months old. I want to do my best to make up for the mistake." At 2 pm on July 6, Li, who offered to meet with the prosecutor, bowed his head and said. After speaking, he raised his head with sincerity in his eyes, expressing his willingness to confess his guilt and confess his punishment.
The case-handling prosecutors of the Rugao City Procuratorate answered Li's "question marks" one by one in combination with specific cases. After nearly half an hour of interpretation, Li Xin confessed to the crime of "theft of more than 2 million yuan in gold" and promised the prosecutor to truthfully confess all the crimes.
Such scenes can now be seen in detention centers and other detention centers, public security law enforcement centers and other case handling places across the country. The rule of law propaganda film on the system of plea guilty and punishing leniency is broadcast regularly every day, which has become an important content of daily learning for criminal suspects in custody and trial. This has to be started from the "Notice on Doing a Good Job in the Use and Promotion of the Rule of Law Propaganda of the Leniency System" (hereinafter referred to as the "Notice") issued by the Supreme People's Procuratorate on May 29.
"Provincial procuratorates must organize and carry out the study, promotion, and use of the rule of law propaganda videos for the three-level prosecutors' offices in the region. Criminal case handlers at all levels must watch, learn, and use them." "Notice" pointed out.
During the interview, the reporter learned that the Supreme People’s Procuratorate has reached a consensus with the Ministry of Public Security in promoting the establishment of a normalized mechanism for the broadcasting of propaganda videos, and doing a good job in publicizing the system of lenient confessions and punishments in prisons. On June 8th, the Ministry of Public Security issued a notice stating clear requirements for the broadcast of promotional videos in detention centers: “Public security supervision departments at all levels must actively cooperate with the procuratorial departments stationed in the detention centers to conduct publicity and education among detainees.”
"The system of pledging guilt and punishing leniency is a major reform of China's criminal procedure system, and a major measure to promote the modernization of the national governance system and governance capabilities in the legislative and judicial fields. It is important for strengthening judicial protection of human rights, improving the efficiency of criminal proceedings, and resolving social conflicts. Promoting social harmony and stability is of great significance.” The relevant person in charge of the Supreme Procuratorate stated that the Supreme Procurator summed up the good experience and good practices of the grass-roots procuratorial organs in Yunnan and other places, and produced a video propaganda film, in the form of animation, on the specific provisions of the leniency system for plea How to apply, typical cases, etc., are introduced and explained, and distributed to procuratorates at all levels. At the same time, the check-and-answer network is uploaded for promotion and use, and further promotes the implementation of the leniency system for confession and punishment.
Implement
There are bright spots
In the process of advancing the implementation of the leniency system for confessing guilt and punishment, how effective is the nationwide launch of the "theoretical depth and practical temperature" system of lenient confession of guilt and punishment. How did all localities implement the notice and advance it?
In the detention room of the Langxi County Detention Center in Anhui Province, several detainees sat in a row with a laptop at the table. The content of the computer screen attracted their attention: the same crime facts and different attitudes to confession led to different Punishment result. This sharp contrast makes the detainees truly understand and feel the intuitive results and great significance of confession and punishment.
Driven by the Supreme People’s Procuratorate, procuratorial organs at all levels across the country have made practical moves to increase the awareness and application rate of the leniency system for confession and punishment.
The relevant person in charge of the Hebei Provincial Procuratorate told reporters that up to now, all criminal prosecutors in the province’s procuratorial organs have all studied and watched the rule of law propaganda video on the system of plea guilty and punishing leniency. The procuratorial organs of Shijiazhuang, Baoding, Cangzhou and other cities have achieved full coverage of promotional videos. "The 12309 prosecution service hall and the prosecution handling area of Baoding City's procuratorial organs have achieved rolling broadcast of promotional videos. For criminal suspects summoned on bail pending trial, they are required to watch the promotional video in the hall before entering the formal case handling process." The person in charge said.
Currently, of the 91 detention centers in Guizhou Province that are carrying out detention tasks, 58 have carried out regular broadcasts. In the other 33 detention centers that cannot be broadcast in a normal manner due to old hardware facilities and shortages, they will use the computer to broadcast the criminal suspects who have not watched the promo video when they enter the detention center. And so on.
It is worth mentioning that the Zhongshan District Procuratorate of Liupanshui City, Guizhou Province, after learning about the actual situation that the hardware facilities of the second detention center in the city cannot play promotional videos, actively coordinated to resolve the cost of purchasing and installing playback equipment. Public confession and punishment videos are played daily in the prison, and cover all detainees.
The Procuratorate of Jinshui District, Zhengzhou City, Henan Province, while broadcasting the promotional video in the lobby and 12309 Procuratorate Service Center, also requires the prosecutors to download the video to office computers and mobile phones, and broadcast the promotional video to the suspect during the negotiation of confession, punishment and sentencing.
The Hubei Provincial Procuratorate specially formulated the "Notice on the Use of Propaganda Films on the Use of the System of Promoting Plea guilty and Punishment Leniency" and the provincial court's division of labor and implementation opinions, which were carried out in an orderly and orderly manner. "On the basis of publicizing the system of lenient confession and punishment of guilt and the rule of law, we have also improved the case-handling mechanism at the same time. The promotion of the rule of law is an important supplement to the notification of the right to handle confession and punishment cases, and it is included in the necessary procedures before formal interrogation. For example, Huanggang City’s procuratorial organs will broadcast propaganda videos to criminal suspects and defendants who need to be interrogated on guaranty pending trial and announce the relevant provisions of the system of plea guilty and punished leniency in advance to promote their education and transformation.” The relevant person in charge of the Hubei Provincial Procuratorate said.
Data show that in the first half of this year, the Hubei Provincial Procuratorate overcame the impact and difficulties caused by the epidemic. The application rate of the leniency system was 76.43% (the proportion of people), which was 12.84 percentage points higher than the average application rate last year. The appeal rate of guilty pleas and punishment cases was 3.53%, while the appeal rate of cases where the leniency system was not applied in the same period reached 20.31%.
Strong learning atmosphere
Linkage and cooperation to form a joint force
On the afternoon of July 16th, at a symposium on behalf of prosecutors and lawmakers on the system of confessing guilty and confessing punishment, the Jiangsu Provincial Procuratorate combined the Supreme Prosecutor’s system of confessing guilty and punishing lenient system and the rule of law propaganda film and the special film on the work of confessing guilty and punishing in Jiangsu Province. Unanimously recognized.
“Jiangsu Provincial Department of Justice will strengthen cooperation and collaboration with procuratorial organs, promote the formation of synergy, and further give full play to the superior role of lawyers in the system of confession and punishment. Excellent lawyers on duty will be selected, training and research will be strengthened, business level will be improved, and supervision and evaluation will be strengthened.” Zhang Wulin, member of the Party Committee and Deputy Director of the Department of Justice of Jiangsu Province, said at the forum.
Adhere to the equal emphasis on efficiency and fairness, promote the strengthening of multi-departmental linkage and coordination, and unite the joint efforts of work. Procuratorates in many places are working hard to improve the implementation of the guilty plea system and maintain judicial justice.
The Cangzhou City Procuratorate of Hebei Province sent a letter to the city’s public security bureau on July 10, inviting the city’s public security bureau to assist and cooperate to guide and supervise all detention centers, police stations, law enforcement and case handling centers in Cangzhou City and other case-handling places to broadcast the confession Wide system rule of law propaganda work. As of July 15, the city’s two-level procuratorate had burned 382 discs and sent them to 17 detention centers, 222 grassroots police stations, 126 public security organs, and other units in the city. At the same time, the city also organized criminal suspects in custody and trial to watch promotional videos. There were more than 6,600 people.
Recently, at the No. 2 Detention Center in Luohe City, Henan Province, after the detention center's guards broadcasted a legal propaganda video to the suspects during the study time, the 56-year-old Guo took the initiative to ask the police officers about the system of confession and punishment. , The police explained patiently one by one. On April 28, more than three months ago, when Guo met the prosecutor undertook by the Lucheng District Procuratorate in Luohe City, he only admitted to the fact that he was suspected of rape and theft on January 16 this year. It was found that another rape case lasted 23 years ago, but Guo refused to cooperate with the interrogation on the pretext of having no impression.
After the police officer of the Second Detention Center of Luohe City told the prosecutor Guo to consult the details of the system related to the lenient plea, the prosecutor interrogated Guo again. Guo confessed that he was responsible for the two rape cases in 1997 and 2020. "I am willing to plead guilty and punished." In the end, under the witness of the lawyer on duty, Guo signed a confession of guilt and punishment on July 10. It is understood that Henan Province has basically achieved full coverage of lawyer services in plea cases.
Diversified pattern
Into the mind and heart, adapt to local conditions
"I don't have a high level of education, and I don't know many words, but the system of lenient confession and punishment of confession and rule of law is easy to understand. If you look at it carefully, you can understand it. I am willing to plead guilty and confess to punishment." Li told Wangmo in Qianxinan Prefecture, Guizhou Province The county procurator's prosecutor said.
On June 11, Li was transferred to the Wangmo County Procuratorate on suspicion of drunk driving and was transferred to the Wangmo County Procuratorate. After fully explaining the law to Li, the prosecutor immediately opened the prosecution network and broadcasted a confession to him. Leniency system rule of law propaganda film, combined with the relevant law popularization materials of the confession system and the "Notice of the confession confession system", explain the details of the system to Li.
"After a comprehensive review, Li's behavior has constituted the crime of dangerous driving. Through the interpretation and education of Li, he voluntarily pleaded guilty and pleaded guilty. In addition to informing him of the procedures and sentencing recommendations that will be applied to the leniency system He also answered Li's questions about conviction and sentencing." The prosecutor who undertook the case stated that after Li fully understood the guilty pleas and punished leniency system, he had a good attitude toward confession and repentance, and proactively confessed the crime facts, which met the conditions for the application of the guilty plea leniency system. .
Many criminal suspects in custody and trial mentioned that the system of plea guilty and punished lenient system rule of law propaganda film is “easy to understand”. The reporter learned in the interview that although the system of lenient confession of guilt and punishment has various forms of publicity and various carriers, all of them adhere to the principle of "not losing theoretical depth but also easy to understand, grounded and easy to understand". Clarify and eliminate ambiguity, so that viewers can accurately grasp the rich connotation of the system.
Taking into account language habits and adapting measures to local conditions is an innovation in the publicity of the Procuratorate of Sandu Shui Autonomous County, Qiannan Prefecture, Guizhou Province. Taking into account the actual situation that the minority population in its jurisdiction accounted for more than 96%, the court carried out "bilingual" propaganda on the leniency system for confession of guilt and punishment, and actively increased the application rate of confession and punishment in ethnic minority areas.
It has been more than a year since the Criminal Procedure Law was revised on October 26, 2018. The leniency system of confession and punishment is undergoing a process of taking root. Statistics show that in 2019, the application rate of the leniency system for guilty pleas has steadily increased throughout the country and continues to improve. As of the end of 2019, the national average rate of confession and punishment for a single month in December has exceeded 80%. During the COVID-19 pandemic this year, the procuratorial organs of some provinces applied more than 90% of guilty pleas in criminal cases involving the epidemic.
(The pictures in this article are screenshots of the rule of law promotional video)
Prosecutors must answer the "three questions"
□ Guan Kaicheng
The promulgation of the leniency system for confessing guilt and punishing can be described as a major modern judicial event that "listens to thunder in a silent place". Practice has proved that, on the one hand, the operation of the system meets the needs of the current grassroots judicial case, that is, through the diversion of complex and simplified, to save judicial costs and improve the efficiency of litigation, on the other hand, it can effectively repair damaged social relations, resolve social contradictions, and achieve The case is closed. It should be noted that this system puts high demands on the ability of prosecutors to perform their duties. Prosecutors must answer and resolve the various questions of criminal suspects, and be a "all-rounder" in confession education, criminal reconciliation, prosecution and defense negotiation, and precise sentencing, so that all parties to the proceedings can be convinced. Generally speaking, criminal suspects will issue "three questions":
One question: "Can I be lenient if I plead guilty and punished?"
In the process of implementing the leniency system for confessing guilt and punishment, the primary obstacle that prosecutors encounter is the distrust of criminal suspects. Out of the instinct of self-protection, criminal suspects are easily confronted with the procuratorial agency that is responsible for accusing crimes. What the prosecutor has to do is to eliminate their confrontational feelings and minimize contradictions. This is the basis for confession and punishment. . "What we do is not a case, it is someone else's life." On the one hand, prosecutors must work hard to make suspects feel the justice and warmth of justice, and plead guilty from the heart. On the other hand, it is necessary to allow the victim to effectively participate in the litigation so as to encourage the suspect to truly regret. In specific work, prosecutors should listen patiently to the suspect's defense, be more humanistic, and less official. Reasonable requirements for criminal suspects should be given humanitarian care, close the distance, and create an atmosphere of peaceful dialogue between the prosecutor and the criminal suspect.
Second question: "How much lighter can you plead guilty and punished?"
Some prosecutors’ sentencing recommendations, although the results are relatively clear, the sentencing process is too general and vague. The suspect cannot perceive the leniency of his confession and punishment, and it is inevitable to raise such questions. Standardization of sentencing is a complex and systematic work. In the process of advancing the system of lenient confession of guilty and punished punishment, standardization of sentencing is an important starting point for enhancing the credibility of sentencing recommendations. The prosecutor’s sentencing recommendations should be based on the facts and evidence of the case, and conduct a two-way evaluation of the criminal suspect’s legal and discretionary sentencing circumstances, and follow the principle of crime and punishment. Sentencing steps, circumstances, and methods must be well-founded and clear at a glance. The reasoning can be combined with the effective precedents to better respond to the suspect’s question of "why should I weigh so much". You can also make a sentencing suggestion without guilty and punishing circumstances as a reference to respond to the suspect’s question of "how much will I reduce if I plead guilty and plead guilty?" Only by making the criminal suspect visible and tangible about the content and extent of "leniency" can he be determined to take the road of confession and punishment.
Three questions: "If I go back, what will happen?"
In the process of implementing the leniency system of confessing guilt and punishing, criminal suspects often repent after signing a confession of guilt and punishing. Although the procuratorial organ can promptly change the sentencing proposal or file a protest in response to this situation, and cancel the leniency bonus brought by the confession of guilt and punishment, it still violates the original intention of the system design. The suspect repented partly because the motive of confession was impure, and he first pleaded guilty and punished in exchange for a lighter sentence, and then appealed using the principle of no additional penalty for appeal; the other part was because the prosecutor’s interpretation of the law was insufficient and the suspect Pleaded guilty and punished but didn't understand, and later thought that he was "fudged". In order to improve the stability of the application of the leniency system for confessing guilt and punishing, prosecutors can strengthen communication with defenders and attorneys on duty, so that defenders and attorneys on duty can truly become "consultants" in decision-making for criminal suspects and participants in legal interpretation; Pay attention to early publicity and notification, fully explain to criminal suspects the benefits of the leniency system for confessing guilt and punishing, and combining with the practice of repentance and cancellation of leniency, the consequences of "violating the spirit of contract" are explained thoroughly.
The life and authority of the law lies in its implementation. To allow the confession of guilt and punishment to release greater energy from the leniency system, it is particularly important for prosecutors to improve their ability to perform their duties.
(The author Shi Zhaokun is the Director of the First Procuratorate of the People's Procuratorate of Wuxi City, Jiangsu Province)