Our newspaper, Beijing, December 3 (by Shi Zhaokun, all media reporter) Recently, the Supreme People’s Procuratorate issued the first five typical cases of prosecutors’ implementation of the criminal justice policy of reducing arrests, prosecutions, and detentions, and plans to publish multiple batches on this topic. Sub-typical case.
The reporter learned that the Supreme People’s Procuratorate’s release of these typical cases is intended to strengthen the publicity and interpretation of the criminal justice policy on fewer arrests, prosecution and detention, more intuitively and effectively guide judicial practice to accurately grasp policy requirements, and educate and guide criminal suspects to plead guilty and punished. Regret and rehabilitate.
It is reported that this batch of typical cases all embody the requirements of the criminal policy of combining leniency and strictness, achieving both leniency and lenient, strictness and strictness, and both leniency and strictness.
The procuratorial organ conducts public hearings during case handling, pays attention to listening to the opinions of all parties, and actively implements source governance.
In recent years, as the judicial philosophy of fewer arrests, prosecutions and detentions has increasingly played a guiding role, and the system of plea guilty and punished leniency has been fully implemented and applied in a high proportion, the procuratorial organs’ non-arrest rate, non-prosecution rate, and pre-litigation detention rate have all undergone significant changes. .
According to statistics, from January to October this year, the national non-arrest rate of procuratorial organs was 29.9%, an increase of 7.4 percentage points year-on-year; the non-prosecution rate was 15.0%, an increase of 1.9 percentage points year-on-year; the pre-litigation detention rate was 49.7%, a year-on-year decrease of 4.6 percentage points. percentage point.
The head of the Supreme People’s Procuratorate’s First Prosecutor’s Office stated that in April this year, the Central Committee for Comprehensive Rule of Law included “adhering to the criminal justice policy of reducing arrests, prosecution and detention, and advancing the application of non-custodial compulsory measures in accordance with the law” as a key point of its work in 2021.
In June of this year, the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era" was issued, clearly making "applying arrest and detention measures strictly in accordance with the law and promoting social harmony and stability" as an important task of the procuratorial organs.
However, changing and correcting the original excessive reliance on compulsory measures for arrest and detention is a systematic project from concept to system to capability for public security and judicial organs. It also requires a renewed understanding for the general public. The process of gradually understanding and supporting.
What needs to be clear is that implementing "less arrests" in accordance with the law is not about not arresting.
For those serious crimes, it is necessary to emphasize arrest and prosecution in accordance with the law, and severely crack down; for misdemeanor cases where the suspect pleaded guilty and punished, and where the two parties reached a criminal reconciliation, they were not detained in accordance with the law from the beginning of the criminal case, but for misdemeanor cases It is not blindly emphasizing fewer arrests. The procuratorial agency strictly controls the arrest conditions when reviewing arrests, conducts a risk assessment before making a decision not to arrest, and pays attention to dynamic inspections, and changes compulsory measures in a timely manner according to the needs of the lawsuit.
"Implementing the criminal justice policy of fewer arrests, prosecution and detention in accordance with the law is a systematic project that involves all aspects of criminal litigation. It requires public security agencies, procuratorial agencies, and adjudication agencies to strengthen collaboration on unifying standards and optimizing connections, forming a joint work force, and implementing them as a whole. The person in charge said that the Supreme People’s Procuratorate is working with the Supreme People’s Court, the Ministry of Public Security, the Ministry of National Security, and the Ministry of Justice to study and formulate relevant opinions on the implementation of the criminal justice policy of reducing arrests, prosecution and detention, and will strictly control the application of arrest measures. Improve the non-custodial compulsory measures system, change and release of detained compulsory measures, and strengthen work cooperation to promote the application of non-custodial compulsory measures in accordance with the law, and ensure that the criminal justice policy of fewer arrests and cautions is applied in accordance with the law.