In the first half of the year, the procuratorial organs prosecuted the highest number of crimes of infringement of intellectual property rights in the past 5 years

The person in charge of the Supreme Prosecution Management Office answered reporters' questions on the main case data of the national prosecutors in the first half of the year

  □ reporter Zhang Hao

  Today, the Supreme People’s Procuratorate released data on major cases handled by procuratorial organs across the country from January to June 2021.

  What kind of economic and social security conditions are reflected in the case-handling data of the procuratorial organs?

What are the outstanding features?

What are the new actions of the procuratorial agency?

Combining these questions, the person in charge of the Case Management Office of the Supreme People's Procuratorate answered reporters' questions.

  The number of economic cybercrimes is rising

  Reporter: In the first half of this year, what are the new changes in the types of criminal cases?

  Person in charge of the case management office: Among various crimes, the number of economic crimes and cyber crimes continues to rise, accounting for 14.2% of the total number of cases, reaching the highest value in recent years.

In particular, the number of people prosecuted for crimes of helping information cybercrimes has changed significantly. A total of 37,859 people were prosecuted, an increase of 3.8 times year-on-year, making it the sixth most prosecuted crime.

  Reporter: Cybercrime, especially telecommunications network fraud, has become a major pain point in society. What measures does the procuratorial agency have in this regard?

What results have been achieved?

  Person in charge of the case management office: For telecommunications network fraud crimes, the procuratorial organs strengthened system concepts, rule of law thinking, and focused on source governance and comprehensive governance. On June 22 this year, the Supreme People’s Court, together with the Supreme People’s Court and the Ministry of Public Security, jointly issued the "Regarding the Handling of Telecommunications Networks" Opinions on Several Issues Concerning the Application of Law in Criminal Cases such as Fraud (2).

Actively promote the "broken card" special action to cut off the information flow and capital chain of crime.

Severely punish illegal and criminal acts of renting and selling phone cards and bank cards in accordance with the law, and focus on cracking down on professional card collection and card trafficking gangs, as well as those inside and outside the telecommunications, banking, and online payment industries that collude with them.

From January to June this year, a total of 37,859 people were prosecuted for crimes of helping information cybercriminals, a year-on-year increase of 3.8 times.

Implement the criminal policy of both leniency and strictness to improve the quality and effectiveness of case handling.

Emphasize that for special groups such as minors, school students, and the elderly, we must persist in focusing on education, rescue, punishment, and warning, and implement the concept of "less arrests, prosecution and detention".

From January to June, the non-prosecution rate of juvenile pleaded guilty suspects suspected of assisting in information network criminal activities was 41.6%, which was 4.8 percentage points higher than the overall non-prosecution rate for juvenile crimes.

Promote comprehensive management and insist on prevention first.

The Supreme People’s Procuratorate and the Ministry of Industry and Information Technology will work together to implement the “No. 6 Prosecutorial Recommendations”, crack down on illegal online production, etc., and promote the comprehensive governance of cyberspace.

In June of this year, the Supreme People’s Procuratorate and the Ministry of Education released typical cases of crimes involving the “two cards” of college students; organized an “Anti-Fraud Propaganda Month” campaign to reveal the new features and characteristics of new criminal methods and put forward targeted prevention suggestions.

  Reporter: The procuratorial organs attach great importance to the protection of private enterprises. What kind of data does this indicate?

  Person in charge of the case management office: The national procuratorial organs closely integrate the supervision functions of the "four major procuratorials", implement strict management and love, and escort the healthy development of private enterprises.

In terms of criminal prosecutions, from January to June, procuratorial organs across the country did not approve the arrest of 7,000 people for crimes committed by non-state-owned companies, enterprises and institutions, and did not prosecute 9,858 people.

In terms of civil prosecution, 209 protests were filed against effective civil judgments affecting the development of the non-public economy, a year-on-year increase of 35.7%, and 528 proposals for re-examination were made, a year-on-year increase of 95.6%.

In terms of administrative prosecution, 413 administrative disputes affecting the development of the non-public economy were resolved; 6 administrative judgments affecting the development of the non-public economy were protested, and 2 re-examination recommendations were put forward.

  At the same time, the Supreme People’s Procuratorate, on the basis of summarizing the compliance pilot work of the enterprises involved in the case last year, expanded the scope of the pilot in March this year and deployed the second phase of pilot work for a period of one year in 10 provinces.

In June, in conjunction with nine departments including the Ministry of Justice, the "Guiding Opinions on Establishing a Third-Party Supervision and Evaluation Mechanism for the Compliance of Enterprises Involved in the Case (for Trial Implementation)" was jointly issued to further standardize the compliance supervision and evaluation procedures of the enterprises involved in the case and promote the pilot reform of corporate compliance. Develop in depth.

  Form a joint force for procuratorial supervision

  Reporter: In the first quarter of this year, the Supreme People’s Procuratorate established an Intellectual Property Inspection Office, and the functions of intellectual property inspection were performed in a centralized and unified manner. What data analysis does it have on intellectual property inspection?

  Person in charge of the case management office: In order to better serve and guarantee the construction of an innovative country, the Supreme Procuratorate set up an Intellectual Property Prosecution Office last year to implement centralized and unified performance of criminal, civil and administrative prosecutions of intellectual property rights, and in 9 provinces including Beijing and Shanghai The Municipality has launched a pilot work of centralized and unified performance of intellectual property inspections to form a joint force for inspection and supervision.

  In terms of criminal prosecution, the intensity of handling cases has been significantly increased.

In the first half of the year, procuratorial organs across the country prosecuted 6,017 people for infringement of intellectual property rights, a year-on-year increase of 12.6%, and the prosecution rate reached 91.8%, which was 6.2 percentage points higher than the overall criminal offences. This is the highest point in the past 5 years, indicating that procuratorial organs are fighting against infringements. The intensity of intellectual property crimes continues to increase.

Criminal cases involving infringement of intellectual property rights show two characteristics: one is the concentration of crimes, mainly the crime of counterfeiting registered trademarks and the crime of selling counterfeit registered trademarks. The prosecutions were 2676 and 2,138 respectively, accounting for 80% of the total number of prosecutions; The cases were concentrated, mainly in the economically developed areas of the southeast. Among them, Guangdong prosecuted 1463, Shanghai 987, Zhejiang 416, Henan 371, and Jiangsu 341. The five places together accounted for 59.5% of the total number of prosecutions in the country.

  In civil prosecution, cases involving intellectual property rights have also increased significantly. From January to June, a total of 100 civil effective judgments and mediation cases involving intellectual property and competition disputes were accepted, an increase of 88.7% year-on-year; among them, the ownership of intellectual property rights, There were 63 infringement disputes, accounting for 63% of the total, and 28 intellectual property contract disputes, accounting for 28%.

Next, intellectual property rights cases including administrative prosecutions will also be handled by the Intellectual Property Office as a whole, and we will also release relevant data to the public in a timely manner.

  Reporter: Public interest litigation prosecution is closely related to people's livelihood. In particular, cases in new areas have attracted much attention from the society. Please introduce the data in this regard.

  Person in charge of case management office: Since the launch of public interest litigation procuratorial work, public interest litigation cases handled by procuratorial organs across the country have continued to increase. From January to June 2021, a total of 79,075 cases were filed, an increase of 28.6% year-on-year.

From the perspective of the field of case handling, 43,231 cases were filed in the field of ecological environment and resources, an increase of 19.5% year-on-year; 13,871 cases were filed in the field of food and drug safety, an increase of 48.8% year-on-year; 3154 cases were filed in the field of state-owned property protection, and 403 cases were filed in the field of state-owned land use rights.

  At the same time, the procuratorial organs focused on the overall work of the party and the state, focused on the issue of public welfare damage in the field of people's livelihood, and actively and steadily expanded into new areas. A total of 18,390 cases were filed, an increase of 83.8% year-on-year.

For example, in response to the frequent occurrence of recent work safety accidents, combined with the requirements of the Work Safety Law to add procuratorial public interest litigation clauses, 577 cases involving the field of production safety were filed, and the public interest litigation of the procuratorial organs effectively played the role of helping production safety.

  Deepen education and rectify things

  Reporter: At present, the education and rectification of the national political and legal personnel is constantly deepening. What impact will the education rectification have on the criminal enforcement procuratorial work? Please tell us about the relevant situation.

  Person in charge of case management: The procuratorial organs shoulder dual roles and dual responsibilities in carrying out education and rectification. They must resolutely rectify their own stubborn diseases, and they must also fully perform their legal supervision functions to promote the resolution of stubborn diseases in law enforcement and judicial links.

  In the first half of this year, 23,507 people submitted written correction and supervision opinions in response to one of the six stubborn diseases in violation of laws and regulations, such as commutation, parole, and temporary execution outside prison, a year-on-year increase of 13.5%. The supervisory authority has corrected 22025 people, with a correction rate. 93.7%, an increase of 0.1 percentage point year-on-year, efforts were made to rectify the chaos of judicial enforcement such as "serving sentences on paper" and "withdrawing money from prison".

  During the same period, procuratorial organs across the country closely integrated education and rectification, and continued to increase the intensity of filing and investigating judicial staff related to duty crimes.

In accordance with the overall arrangement of the Central Political and Legal Affairs Commission, the Supreme Procurator launched the "100-Day Tackling Toughness in the Investigation of Duty Crimes by Judicial Staff" in procuratorial organs across the country in June this year.

From January to June, procuratorial organs across the country filed and investigated 1,137 judicial officers-related duty-related crimes, a year-on-year increase of 1.3 times.

Among them, 84 people were at or above the county level, a year-on-year increase of 1.2 times.

Judging from the crimes involved, the most crimes of dereliction of duty were 321, 277 were for favoritism, 244 were for abuse of power, 87 were for commutation, parole, and temporary execution outside prison, and 40 were executed and convicted of abuse of power. People, the total of five crimes accounted for 85.2%.

  Reporter: Since the end of last year, procuratorial organs across the country have begun to deploy a special task for centralized handling of repeated letters and visits. What is the current progress?

What are the new measures and new results?

  Person in charge of the case management office: National procuratorial organs have taken active actions to combine the centralized control of repeated letters and visits with the practice of "I do practical things for the masses" in the education and rectification of party history and political and legal teams, and promote the proper resolution of repeated letters and visits and their termination according to law.

  As of June 2021, 12,556 cases of repeated letters and visits have been settled, of which 31.7% of them are appeals and strikes; 39.7% are introduced by other procedures; 25.7% are terminated according to law; 2.5% are settled by other means; and errors are corrected according to law. 0.4%.

In handling cases, procuratorial organs pay more attention to the pertinence and diversity of methods, hold public hearings in a timely manner, and accurately carry out judicial assistance. Among the completed cases, 203 procuratorial hearings were held, of which the chief prosecutor presided over 144; judicial assistance was granted according to the law 97 Pieces.

  Beijing, July 25th