China News Service, December 28. According to the Supreme People’s Procuratorate’s website, in March 2020, the Supreme People’s Procuratorate, the Supreme People’s Court, and the Ministry of Public Security jointly issued the "Guiding Opinions on Handling Criminal Cases Involving Manhole Covers" (hereinafter referred to as "Guiding Opinions"). Opinions), which clearly stipulates the application of laws to punish crimes such as theft and damage to manhole covers in accordance with the law.

A few days ago, the Supreme People’s Procuratorate released 5 typical cases of crimes involving manhole covers, and Yuan Ming, Director of the Supreme People’s Procuratorate's Second Prosecutors Office, answered questions on related issues.

Question: What is the reason for the Supreme People’s Procuratorate’s release of typical crimes involving manhole covers?

　　Answer: Although the manhole cover is small, it has a major bearing on the "safety under the feet" of the people.

In order to punish criminal acts such as theft and destruction of manhole covers in accordance with the law, in March 2020, the Supreme People’s Procuratorate, in conjunction with the Supreme Law and the Ministry of Public Security, jointly formulated the "Guiding Opinions on Handling Criminal Cases Involving Manhole Covers" (hereinafter referred to as the "Guiding Opinions"). ").

The Supreme People’s Procuratorate also issued the “No. 4 Prosecutorial Recommendation” to the Ministry of Housing and Urban-Rural Development on the management of manhole covers.

On November 25, 2020, the Supreme People’s Procuratorate organized an on-site promotion meeting for the procuratorial organs to implement the "No. 4 Prosecutorial Recommendations" in Xi'an, Shaanxi, and re-deployed the implementation of the "Guiding Opinions".

　　The Supreme People’s Procuratorate organized the national felony procuratorial departments to carry out training on the understanding and application of the "Guiding Opinions" and instructing localities to handle relevant cases in strict accordance with the "Guiding Opinions.

After the "Guiding Opinions" was issued, as of the end of October, a total of 18 provinces across the country have handled criminal cases involving manhole covers. A total of 26 criminal cases involving manhole covers have been arrested, 29 people have been prosecuted, 25 cases have been prosecuted, and 33 people have been prosecuted. The crimes involved include the crime of damaging transportation facilities, the crime of endangering public safety by dangerous means, the crime of endangering public safety by dangerous means by negligence, the crime of theft, the crime of concealing and concealing the proceeds of crime, the crime of proceeds from crime, etc.

In handling the case, procuratorial organs in various regions severely punished criminal acts of theft and damaging manhole covers in accordance with the provisions of the "Guiding Opinions", effectively safeguarding public security and the vital interests of the people, and won full recognition from all sectors of society.

At the same time, it is found through investigation that there are still some problems in the implementation of the Guiding Opinions.

In some places, there are still problems of inadequate understanding and insufficient attention. Although some cases have occurred, they have not been prosecuted according to law, and even more than ten provinces have not handled relevant cases; the connection between administrative law enforcement and criminal justice is not smooth. The joint efforts of these aspects need to be strengthened and so on.

　　In order to give full play to the role of demonstration, guidance and guidance of typical cases, and to promote the comprehensive and accurate implementation of the "Guiding Opinions", the Supreme Procurator selected and compiled 5 cases including the case of Hebei Dong Mouming's destruction of traffic facilities from nearly 30 criminal cases involving manhole covers reported by various regions. Typical cases are for reference in case handling in various regions.

At the same time, it will be publicly released to warn the public.

Question: Could you briefly introduce the relevant content of this batch of typical cases? What are the characteristics?

　　Answer: A total of 5 typical cases have been released this time.

One of the cases was the case of Hebei Dong Mouming sabotage of traffic facilities. The defendant Dong Mouming stolen the manhole cover in the motorway and other places. The public security organ transferred him for investigation and prosecution on suspicion of theft.

The prosecutor’s review found that the defendant had repeatedly stolen the manhole covers on the roads of social motor vehicles that were in use. The traffic flow and the speed of the road section were high, and his behavior was sufficient to cause the danger of overturning and destroying cars and electric vehicles. The "Guiding Opinions" change the characterization of the case as the crime of sabotaging traffic facilities in accordance with the law, ensuring the effectiveness of the case.

　　Case 2 In the case of Gao Momin’s destruction of traffic facilities in Shaanxi, the local prosecutors learned that more than 40 manhole covers were stolen in the main road sections in the jurisdiction. The public security organs only filed investigations into public security cases and conducted supervision in accordance with the law. , Requesting that such cases be filed for investigation on suspicion of damaging traffic facilities.

Later, it was found that the defendant Gao Moumin had stolen the manhole cover on this section of the road, and the judicial organ initiated a criminal prosecution against him.

　　Case 3: The case where Zhang Mousheng used dangerous methods to endanger public safety in Henan. The defendant Zhang Mousheng robbed the section of the manhole cover. There was a lot of people coming and going. The defendant's behavior was enough to endanger the life and property of an unspecified number of people.

The procuratorial organs, in accordance with the law, transferred the crime of theft, which was transferred by the public security organs for review and prosecution, to the crime of endangering public safety by dangerous means, and severely punished crimes involving manhole covers endangering public safety.

　　Case 4 The case of Hubei Yang and Zhen Mohui in negligence to endanger public safety by dangerous means. Defendants Yang and Zhen Mohui did not set up any warning signs or protective measures to facilitate the dredging and sewage discharge of their car service shops. Unauthorized opening of the manhole cover in the crowded square caused the death of a young child.

The procuratorial organ transferred the crime of negligence causing death to the public security organ for review and prosecution in accordance with the law, and changed its characterization to the crime of endangering public safety by dangerous means by negligence, to ensure accurate conviction and sentencing.

　　Case Five Theft case of Li Moubin in Shanxi. The manhole cover stolen by the defendant Li Moubin was in the factory area, and the road was not the main road of the factory area. There were not many workers coming and going, the speed of vehicles was slow, and the rainwater well was shallow. The manhole cover was stolen. Although it caused a certain degree of danger, the degree of danger was not high. The procuratorial agency transferred the public security agency to the public security agency for review and prosecution of the crime of endangering public safety by dangerous methods. The character was changed to the crime of theft, which not only severely punished, but did not artificially exaggerate, ensuring the handling of the case effect.

　　The above case presents the following characteristics:

　　One is to highlight the severe punishment of crimes involving manhole covers and maintain public safety.

Of the 5 cases released this time, 4 are crimes of endangering public safety.

The theft of manhole covers in crowded places with crowds of people and vehicles, the legal interest of the violation is essentially public security, and such crimes cannot simply be determined by the crime of theft.

Specifically, the crime of theft infringes on public and private property, and the behavior must reach the starting amount of the local crime of theft to be convicted. The crime of damaging traffic facilities and the crime of endangering public safety by dangerous means infringes on the safety of transportation and the personal life of an unspecified number of people. , The safety of major property, so although the value of theft of a manhole cover is only one or two hundred yuan, it does not constitute the crime of theft, but it can constitute the crime of damaging traffic facilities and the crime of endangering public safety by dangerous means in accordance with the law; if the destruction of traffic facilities causes serious consequences, Anyone who endangers public safety by dangerous means causing serious injury or death, or causing major losses to public or private property shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment, or death penalty.

This batch of cases well reflects the "Guiding Opinions" to protect public safety and severely punish crimes involving manhole covers that endanger public safety.

　　The second is to highlight supervision and guidance and strengthen case review checks.

In 4 of the 5 cases, the procuratorial organ changed the characterization of the case in accordance with the law to ensure accurate conviction and sentencing.

In 3 cases, the statutory penalty was changed from the lighter crime of theft and the crime of negligence causing death to the more serious crime of sabotaging traffic facilities, the crime of endangering public safety by dangerous means, and the crime of endangering public safety by negligence by dangerous means. The crime of endangering public safety by dangerous means has been changed to the crime of theft, which effectively guarantees that judicial cases are not in vain.

In handling the case, the procuratorial organs conducted detailed investigations and verifications, intervened in advance in accordance with the law, guided investigations, strengthened supervision of case filing, and applied the leniency system for confessing guilt and punishing in accordance with the law, and did a lot of work with remarkable results.

　　The third is to highlight the effect of extended judicial case handling and promote the comprehensive management of the manhole cover problem.

This batch of cases has a good reference value for handling criminal cases involving manhole covers, and has a warning significance for the public after the release.

While handling these cases, the procuratorial organs, together with relevant departments, conducted visits and inspections of hidden safety hazards in manhole covers, formulated and issued procuratorial recommendations, and further promoted the comprehensive management of manhole covers.

Question: In punishing criminal cases involving manhole covers, what work should the procuratorial organs strengthen?

　　Answer: In the next step, we will focus on the following tasks:

　　The first is to strengthen communication and coordination to form a combined force for combat.

The "Guiding Opinions" involved many crimes. The procuratorial agency will further strengthen communication and coordination with public security, courts, administrative law enforcement agencies, and discipline inspection and supervision agencies, establish a normalized contact mechanism, and improve administrative law enforcement and criminal justice in cases involving manhole covers. In accordance with the “Guiding Opinions”, the law-enforcement and judicial standards shall be unified in accordance with the “Guiding Opinions”; the clues of duty crimes involving manhole covers discovered in the handling of cases shall be promptly transferred to the disciplinary inspection and supervision organs to jointly punish relevant functional departments’ dereliction of duty and other criminal acts, and promote due diligence.

All criminal procuratorial departments within the procuratorial organs should strengthen communication and collaboration to form a joint effort to combat criminal cases involving manhole covers.

　　The second is to increase the intensity of case handling and earnestly give play to the leading role of procuratorial organs.

The procuratorial organs should carefully review the implementation of the "Guiding Opinions" and earnestly increase the intensity of case handling.

It is necessary to pay attention to the injuries and deaths of manhole covers in the jurisdiction in a timely manner, and further strengthen the supervision of case filing. For those who meet the conditions for filing a case, the public security organs shall supervise the filing of the case; for criminal cases involving manhole covers that meet the requirements for arrest and prosecution, the arrest and prosecution shall be promptly approved according to law; For difficult criminal cases involving manhole covers, it is necessary to intervene in advance to guide the public security organs to investigate and collect evidence; for cases that require supplementary investigations, it is necessary to improve the outline of the withdrawal, clarify the reason, purpose and direction of supplementary evidence, and ensure timely supplementary investigation and supplementary evidence according to law .

In cases where the judgment is indeed wrong, a protest shall be filed in accordance with the law.

　　The third is to coordinate and advance with the "No. 4 Prosecutorial Proposal."

Through the implementation of the "Guiding Opinions", ordinary criminal crimes and duty crimes involving manhole covers will be punished in accordance with the law to form an effective deterrent, to promote the effective implementation of the "No. 4 Prosecutorial Proposal", to strengthen the rigidity of prosecutorial recommendations, and to provide strong guarantees.

At the same time, the implementation of the "No. 4 procuratorial recommendations" and strengthening the comprehensive management of manhole covers have also provided favorable conditions for cracking down on criminal crimes involving manhole covers.

It is necessary to coordinate the implementation of the "Guiding Opinions" and "No. 4 Prosecutorial Recommendations", continue to coordinate and promote, and effectively safeguard the safety of people's lives and property.

　　The Supreme Procuratorate will also further strengthen its professional guidance, guide local procuratorial organs to fully and accurately understand the content and spirit of the "Guiding Opinions", coordinate and solve problems in implementation, and promote the "Guiding Opinions" to be fully implemented.