Chinanews Client Beijing, February 4th (Peng Ning Ling Lang Lang) Criminal cases of corruption and bribery may be subject to default trial procedures, transfer and placement of sexually assaulted minor victims, etc., even if the crime of sexual assault on minors pleads guilty and pleaded guilty The heavy sentence still needs heavy sentence...

　　On the 4th, the Supreme People's Court held a press conference and issued the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China".

This interpretation will take effect on March 1, 2021.

Data map: The picture shows the Supreme People's Court.

Photo by Li Huisi


The suspect in major criminal cases such as corruption has been wanted for less than one year, and the confiscation procedure of illegal proceeds can be applied

　　The Interpretation of the New Criminal Procedure Law stipulates that for major crimes such as corruption and bribery, negligence of duty, terrorist activities, underworld organizations, and telecommunications fraud, criminal suspects and defendants are not allowed to come to the case after one year of arrest. Where the illegal income and other property involved in the case should be recovered, the illegal income confiscation procedure can be applied; for the death of a criminal suspect or defendant, the illegal income and other property involved in the case should be recovered according to the criminal law, and the illegal income confiscation procedure can also be applied.

Corruption and bribery criminal cases may be subject to trial by default

　　Li Shaoping, vice president of the Supreme People’s Court, stated at the press conference that the “Interpretation of the New Criminal Procedure Law” improved the linking mechanism between trial procedures and supervision and investigation, refined and improved regulations on the procedures for confiscation of illegal gains and trial procedures in absentia, in order to fight corruption in the new era. Provide strong judicial guarantee for the international pursuit of escape and stolen goods.

　　The "Interpretation of the New Criminal Procedure Law" has set up a special chapter to refine the procedures of default trials, stipulating that crimes of corruption and bribery, as well as the need for timely trial, have been approved by the Supreme People’s Procuratorate, serious crimes against national security, terrorist activities, crimes If the suspect or defendant is abroad, he can apply the procedure of default trial to make a judgment in accordance with the law, and deal with the illegal gains and other property involved in the case, and never allow corrupt elements and other criminals to escape the law and evade punishment.

Data map: Children's sexual assault prevention courses entered Fuzhou Jiaotong Road Primary School.

Photo by Lin Ling

Protect minors who have been sexually assaulted by transferring to another school

　　The “Interpretation of the New Criminal Procedure Law” stipulates that it is necessary to strengthen cooperation with relevant departments to implement necessary psychological interventions, economic assistance, legal aid, transfer placement and other protective measures for minor victims and their families who have suffered sexual assault or violence, and strengthen protection Special protection for minors.

Even if you plead guilty and punished for sexual assault of a minor, the heavy sentence is still required

　　Shen Liang, a deputy ministerial-level full-time member of the Supreme Court Judicial Committee and the head of the Criminal Division, said that for cases of pleading guilty and punishing, the law stipulates that it is "possible" to be treated with leniency according to law, not "should" be treated with leniency according to law.

　　For violent crimes that seriously endanger public safety and seriously affect the people’s sense of security, such as kidnapping, robbery, and bombing crimes, as well as cases that have a bad social impact and are of wide concern from all walks of life, such as sexual assault of minors, challenge the bottom line of the law and social ethics For serious crimes, even if the defendant pleads guilty and punished, the heavy sentence must still be resolutely sentenced according to law.

It is important to review and verify the authenticity of the voluntary confession and punishment

　　Shen Liang said that adhering to evidence judgment is to adhere to the statutory standard of proof that "the facts are clear, the evidence is credible and sufficient." It is necessary to give full play to the functions of court trials, especially focusing on the review and verification of the voluntariness, authenticity, and key facts of conviction and sentencing to ensure the quality and effectiveness of case trials.

Data map: Hubei Yichang Intermediate People's Court sentenced 3 people to death in a very serious drug trafficking case in the first instance.

The picture shows the judge of Yichang Intermediate People's Court reading the judgment of first instance to the defendant. Photo by He Junyi

All cases with a suspended death sentence will be heard in court

　　In order to further implement the two-instance system of final adjudication, improve the trial procedures for death penalty cases, and ensure the quality of death penalty cases, the "Interpretation of the New Criminal Procedure Law" stipulates that appeal cases where the defendant is sentenced to death include cases where the death penalty has been suspended for two years. All people's courts shall hold court hearings; the defendant who has been sentenced to immediate execution of the death sentence and the death sentence with a two-year suspension did not appeal, and the second-instance people's court shall also hold court hearings for cases appealed by other defendants in the same case.

　　"In death penalty cases, life is at stake, and the most stringent and prudent trial procedures must be applied." Shen Liang said at the press conference.

　　He said that all second-instance cases with a suspended death sentence will be heard in court, which is conducive to strengthening judicial human rights protection, preventing unjust cases, and ensuring the justice and prudence of judgments from the system.

In hearing second-instance cases with suspended death, in strict accordance with the provisions of the Criminal Procedure Law, a comprehensive review of the facts ascertained in the first-instance judgment and the applicable law shall be conducted, and on this basis, the focus shall be on the issues or questions that are controversial to the first-instance judgment. section.

Supreme Law Talks "Evasion of Penalty Enforcement Through Continuous Pregnancy"

　　Zhou Jiahai, deputy director of the Research Office of the Supreme People’s Court, said that during the drafting of the "Interpretation of the New Criminal Procedure Law," some opinions suggested that in practice, consecutive pregnancies were often found to evade the execution of the penalty. The period shall not be included in the execution period.

Other countries and regions have similar practices.

　　After research, although the above viewpoints are substantively reasonable, according to the provisions of my country's Criminal Procedure Law, only those who are defrauded by illegal means such as bribery to be temporarily served outside prison or escaped during the period of execution outside the prison, the relevant period will not be included in the execution period. Judicial interpretations do not have the power to make provisions, and can only make suggestions for future amendments to legislation.

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