Top Ten Criminal Prosecution Hot Words in 2021
By the end of the year, the editor reviews hot events in the field of criminal prosecution in 2021, from the policy of fewer arrests, prudent prosecution and detention, which is of great significance to promoting social harmony and stability, to anti-money laundering to maintain financial security; from punishing the crime of opening casinos to recovering stolen goods; From the "No. 7 Inspection Proposal" to effectively guard the safety of delivery to corporate compliance; from the fight against illegal fishing in the Yangtze River basin to the "hundred-day tackling action" to eliminate black sheep; from the establishment of the prosecutor's office in the conference to the influential inspection tour... Inventory These hot words, no doubt, 2021 is a year worth remembering.
1 Reduce arrests, prosecute and detain
In April 2021, the central government established the Party’s and the state’s criminal justice policy.
In practice, procuratorial organs at all levels follow the deployment of the highest prosecution, guided by the criminal justice policy of reducing arrests, prosecution and detention, unifying judicial concepts internally, strengthening cooperation with various judicial departments externally, and promoting the criminal justice policy of reducing arrests, prosecution and detention. Implementation.
In order to implement the minimum arrest, prosecution and cautious detention in every litigation step, the Supreme Procurator will organize a 6-month special activity to review the necessity of detention from July 1, 2021; to carry out the review of the necessity of detention in accordance with the law, In November, the Supreme People’s Procuratorate issued the "People’s Procuratorate’s Custody Hearing Measures," and it is studying and formulating relevant standards for non-prosecution work. In order to guide judicial practice more intuitively and effectively, and accurately grasp policy requirements, on November 29, the Supreme People’s Procuratorate issued The first batch of typical cases of fewer arrests and cautions.
In addition, the Supreme People’s Procuratorate is working with the Supreme Law, 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 on fewer arrests, prosecutions, and detentions, to ensure that the criminal justice system is fully and accurately applied. policy.
According to statistics, from January to October 2021, 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%, an increase of 1.9 percentage points year-on-year; the pre-litigation detention rate was 49.7%, a year-on-year decrease 4.6 percentage points.
2 Fight against illegal fishing
On March 1, 2021, the Yangtze River Protection Law was officially implemented. In order to ensure that the procuratorial organs correctly understand and accurately apply the Criminal Law and the Yangtze River Protection Law, on March 2, the highest prosecution issued the "Prosecutors’ Handling of Illegal Fishing Cases in the Yangtze River Basin" "Answers to Legal and Policy Questions" clarifies how to accurately grasp the criminal standards for illegal fishing of aquatic products, and requires the procuratorial organs to implement the criminal policy of combining leniency and strictness in handling cases, accurately determine the perpetrator’s degree of responsibility and the necessity of criminal investigation, and comprehensively use criminal , Administrative and economic means to punish illegal crimes.
The procuratorial organs in the Yangtze River Basin, in accordance with the highest procuratorial deployment, give full play to their procuratorial functions, continue to increase judicial protection of the Yangtze River’s ecological environment, and focus on punishing the "fishing-purchasing-transport-sale" underground industrial chain and its organizers and main implementers. The Yangtze River is illegal The situation of illegal fishing has been clearly curbed.
Since the launch of the "Special Rectification Action Against Illegal Fishing in the Yangtze River Basin", the procuratorial organs of 14 provinces (municipalities) along the Yangtze River have prosecuted 5,331 criminal cases of illegal fishing of aquatic products, 8464 people, up 120.4% and 104.5% year-on-year respectively.
In order to guide procuratorial organs at all levels to make good use of legal regulations and accurately grasp criminal policies, on November 5th, the Supreme People’s Procuratorate issued a typical case of punishment of illegal fishing of aquatic products in the Yangtze River Basin in accordance with the law.
3 Severe punishment for opening a casino
In response to the current high incidence of gambling criminal cases, the Supreme Procurator has carefully studied the characteristics and application of laws of new types of crimes such as the opening of casinos, guided national prosecutors to perform their procuratorial functions in accordance with the law, and insisted on severely punishing the crimes of opening casinos in accordance with the law.
For key cases involving overseas, criminal syndicates, and trans-regional cases, prosecutors across the country gave full play to the advantages of procuratorial integration, and listed 14 cases involving the opening of casinos in 16 provincial-level regions, and required local prosecutors to further strengthen their case handling. Make overall plans and coordinate, and handle the case in strict accordance with the law.
For key areas, the Supreme People’s Procuratorate issued the “Notice on Actively Participating in the Fight against Cross-border Gambling and Severely Cracking Down on Cross-border Gambling Crimes in accordance with the law”, deploying local procuratorial organs to crack down on cross-border gambling, and put forward clear work requirements .
In response to the new characteristics of the current crime of opening casinos, the Supreme People’s Procuratorate and relevant departments jointly issued the "Notice on Urging Criminal Suspects Related to Cross-border Gambling to Surrender." On November 29, the Supreme People’s Procuratorate issued 5 cases of prosecutors’ punishment of crimes of opening casinos in accordance with the law. Case.
From January to September 2021, procuratorial organs across the country approved 18,739 arrests of 36,780 persons, an increase of 17.79% and 6.4%; indictment of 25,140 cases of 63,238 persons, an increase of 49.27% and 45.71%.
This set of data reflects the precise application of laws by local procuratorial agencies to punish the crime of opening casinos in accordance with the law.
4 "Prosecution Recommendation No. 7"
In recent years, the use of "Internet + delivery" to carry out drug trafficking and other illegal criminal activities has frequently occurred. After in-depth investigation and analysis of the crimes of delivering contraband, the Supreme People’s Procuratorate issued the "Prosecutor No. 7" to the State Post Bureau on October 20, 2021. Recommendations", and send a copy to 12 relevant departments, including the Ministry of Transport and the Ministry of Commerce, to promote the strengthening of departmental coordination, strengthen safety supervision, plug governance loopholes, and promote the healthy and sustainable development of the delivery industry.
"Prosecution Recommendation No. 7" is mainly aimed at the mismatch between the delivery safety supervision capability and the industry development situation, the regulatory blind spots in the new delivery format, the urgent need to strengthen the delivery safety supervision, the inadequate implementation of the delivery safety system, and the insufficient safety awareness and response capabilities of the delivery personnel Issues such as “establishing the concept of safe development, coordinating the development and safety of the postal industry”, “clarifying the scope of responsibility, strengthening the supervision of new forms of delivery”, “intensifying supervision, and effectively strengthening the safety supervision of delivery”, “improving the supervision mechanism, and compacting the delivery Suggestions on the main responsibility of the enterprise, “strengthening training and publicity, and improving the safety precautions and response capabilities of employees”.
After the "Prosecution Proposal No. 7" was issued, the procuratorial organs continued to strengthen communication and coordination with relevant departments such as postal administration, transportation management, and commerce, and established a normalized liaison and linkage mechanism to ensure that the relevant content of the "Procuratorial Proposal No. 7" was implemented.
At the same time, all kinds of crimes of sending and delivering contraband were severely cracked down in accordance with the law to form a deterrent effect and create favorable conditions for the implementation of the "No. 7 procuratorial recommendation."
On November 25, 2021, the Supreme People's Procuratorate issued a typical case of prosecutors' lawful punishment of the crime of sending and delivering contraband.
5 "A Hundred Days Tackling Action"
In order to focus on rectifying stubborn diseases, removing black sheep, severely punish judicial staff related duty crimes, and help promote the education and rectification of political and legal teams, the Supreme Procuratorate decided to launch the "Judicial Staff" in prosecutors nationwide from early June to late September 2021. "Hundred-Day Tackling the Forbidden City in the Investigation of Duty Crimes" (hereinafter referred to as the "Hundred-Day Tackling Operations").
At the beginning of the "Hundred-Day Tackling Action", the Supreme Procuratorate issued the implementation plan as soon as possible, clarified the guiding ideology, objectives, requirements, methods and measures, etc., and specially held a special promotion meeting attended by the four-level procuratorial organs across the country for arrangement and deployment.
During the "Hundred-Day Tackling Action", the Supreme People’s Procurator not only insisted on analyzing and grasping the case-handling trends in various regions on a weekly basis, timely discovering and researching and solving tendentious problems, strengthening comprehensive guidance and classification guidance, but also holding regular quarterly video scheduling meetings, compiling and issuing typical cases, and on-site Inspection, supervision and other methods, in-depth research and analysis of problems existing in the investigation link, and targeted strengthening of guidance to ensure the quality and effectiveness of case handling.
In response to the rapid increase in the number of clues accepted by the procuratorial organs in various regions and the continuous increase in the task of handling cases, the action was extended to the end of the second batch of political and legal team education and rectification.
During the "Hundred-Day Tackling Action", procuratorial organs across the country filed a total of 999 cases of duty-related crimes involving judicial staff and 1,285 persons, a year-on-year increase of 28.6% and 24.5% respectively.
Among them, 119 major crimes involving judicial staff at the county level or above were filed and investigated, a year-on-year increase of 72.5%; 138 cases of criminal commutation, parole, and temporary execution outside prison were investigated and dealt with, and the number of investigations was 4.26 compared with the same period last year. Times.
6 Anti-money laundering
With the rapid development of society and economy, various crimes and money laundering activities are intertwined and permeated. Money laundering crimes play a role in helping the abuser and acting as a beast. Money laundering methods are constantly being renovated. The amount involved continues to rise, posing a serious threat to social stability, financial security and judicial justice.
The Supreme People’s Procuratorate requires procuratorial organs to take the lead in prosecuting money laundering crimes.
In recent years, the procuratorial organs have continuously increased the punishment of money laundering crimes.
On March 19, the person in charge of the Fourth Prosecutors Office of the Supreme People's Procuratorate revealed that in 2020, procuratorial organs nationwide approved the arrest of 221 people for money laundering crimes and prosecuted 707 people, an increase of 106.5% and 368.2% respectively from 2019.
The Supreme People’s Procuratorate and provincial procuratorates established anti-money laundering work leading groups to coordinate and promote anti-money laundering procuratorial work, and procuratorial organs at all levels established a "one case double investigation" work mechanism to simultaneously examine whether they are suspected of being involved in seven types of upstream crimes of money laundering crimes In the crime of money laundering, we should dig deep into criminal clues and intensify the pursuit and prosecution of money laundering crimes related to various predicate crimes.
On March 19, the Supreme People’s Bank of China and the People’s Bank of China jointly issued 6 typical cases of punishing money laundering crimes. These typical cases not only have guiding significance for judicial case handling in terms of fact finding and the application of law, but also have a warning significance for the public.
The Supreme People’s Procuratorate will also work with the Supreme Law and the Ministry of Public Security to strengthen investigations on issues concerning the application of law in handling money laundering crimes, study and formulate guiding opinions, unify law enforcement and judicial standards, and effectively improve the quality and efficiency of case handling.
In order to implement the criminal law amendment (11), the new "self-laundering" behavior constitutes the crime of money laundering. Difficulties and disputes in the application of the law have been clarified, and some regulations that are not suitable for the actual situation of law enforcement and justice have been adjusted.
7 Resident Prosecutor's Office
On September 18, 2021, the Procuratorate Office of the Supreme People's Procuratorate in the China Securities Regulatory Commission was inaugurated and established.
The establishment of the procuratorial office is a joint effort by the Supreme People’s Procuratorate and the China Securities Regulatory Commission to implement the requirements of the Central Office and the State Council’s "Opinions on Strictly Cracking Down on Illegal Securities Activities in accordance with the law" "Exploring the establishment of a working mechanism for procuratorial resident in the China Securities Regulatory Commission" and perfecting securities cases The procuratorial system and mechanism to promote the development of the rule of law in the capital market is also a pragmatic practice to implement the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era", give full play to the role of procuratorial functions, and provide equal judicial protection to various market entities The measures are conducive to promoting strict supervision in accordance with the law and consolidating the cornerstone of the rule of law in the capital market.
The procuratorial office in the conference performs four major responsibilities: strengthen the coordination and restriction of law enforcement and justice; strengthen the handling of securities and futures crimes by procuratorial agencies; guide the professional construction of securities and futures prosecution of local procuratorial agencies; conduct research, prevention and governance of securities and futures crimes .
After the establishment of the prosecutor’s office, the Supreme People’s Procuratorate has maintained close coordination with the China Securities Regulatory Commission, the Supreme People’s Court, and the Ministry of Public Security to actively promote various work in cracking down on securities illegal activities in accordance with the law, speed up the improvement of the securities law enforcement judicial system and mechanisms, and increase the number of major violations. The intensity of investigations and punishments, the promotion of the improvement of supervision in accordance with the law, the formation of a good market ecology that respects the law and trustworthiness, and provides a more solid legal guarantee for the construction of a standardized, transparent, open, vigorous and resilient capital market.
8 looting
Criminal suspects and defendants who fled abroad apply the confiscation procedure of illegal income in accordance with the law, and submit an application for confiscation of illegal income to the people's court, which is an important function of the procuratorial organs conferred by the Criminal Procedure Law.
In judicial practice, the Supreme People’s Procuratorate instructs local procuratorial organs at all levels to strengthen coordination and cooperation with supervisory organs and judicial organs, actively promote the application of this procedure, recover the huge amounts of property transferred to foreign countries by criminal suspects and defendants in accordance with the law, and ensure that corrupt elements Get the punishment that it deserves to maximize the recovery of economic losses for the country.
The Supreme Procuratorate has included the duty-related crime cases involving absconding abroad, at county level or above, involving huge amounts of money, and strong social reflections, into the scope of key supervision, and actively promote the application of illegal income confiscation procedures for those who meet the conditions.
While carrying out the supervision work, pay attention to the follow-up and guidance work, and flexibly grasp the application of policies in accordance with the characteristics of different cases to ensure good political, legal and social effects.
Since January 2017, the procuratorial organs have accepted a total of 93 cases of duty-related crimes involving 95 persons applying the confiscation procedure of illegal income, and the number of cases handled under this procedure has increased significantly.
In order to effectively strengthen the procedures for the confiscation of illegal proceeds for job-related crimes, to better guide localities in the in-depth study and resolution of problems in the application process, and to further improve the quality and efficiency of case handling, the Supreme People’s Procuratorate issued the 32nd batch of guiding cases on December 9. Give full play to the exemplary and leading role of major projects.
9 Cross-provincial inspections
In mid-May 2021, the first round of cross-provincial prison inspections organized by the Supreme Procuratorate of this year was launched. The criminal enforcement prosecution business line organized 7 inspection teams to conduct cross inspections in prisons in Jiangsu, Shanxi and other places.
Since then, cross-provincial and municipal prison inspections have entered the track of "normalization".
The cross-provincial prison cross-border inspection in principle covers prison commutation, parole, temporary execution outside prison, prison administration, education reform, labor reform, and protection of criminals’ legal rights and interests, etc., focusing on the three major sites of criminal reformation and other key parts , Key links such as scoring assessment and penalty change enforcement, and key criminals involving gang-related crimes, financial crimes, and official crimes, conduct key prosecutions, and at the same time rectify problems found in the last round of inspections organized in the province and dispatch prosecutors The situation is inspected.
In order to further improve the quality and effectiveness of cross-provincial inter-provincial inspections, on December 19, the Supreme People's Procuratorate sent 5 inspection teams to inspect and supervise the implementation of rectification and reform of the feedback from inter-provincial prisons in 2021 through special inspections. Circumstances, conducting cross-provincial inspections and rectification of problems found to "look back".
10 Corporate Compliance
In order to promote the in-depth development of the trial compliance reform of the enterprises involved, in March 2021, the Supreme People’s Procuratorate deployed the second phase of the trial work of the compliance reform of the enterprises involved. A total of 27 cities were identified by 10 provincial procuratorates including Beijing, Shanghai, Jiangsu, and Zhejiang. The 165 primary-level procuratorates at the level of procuratorates have carried out reforms as pilot projects.
At present, the pilot court has been expanded to 61 municipal procuratorates and 381 basic-level procuratorates.
In August, the Supreme Procuratorate Party Group made it clear that non-pilot areas can also explore and promote corporate compliance reform within the legal framework.
Some procuratorial organs in non-pilot provinces actively carry out relevant work within the legal framework based on local conditions.
To advance the compliance reform of the enterprises involved, the focus is on the implementation of the third-party supervision and evaluation mechanism, and the "second half of the article" should be done well.
In June, nine departments including the Supreme People’s Procuratorate, the Ministry of Justice, the Ministry of Finance, the Ministry of Ecology and Environment, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration of Taxation, the State Administration for Market Regulation, the All-China Federation of Industry and Commerce, and the China Council for the Promotion of International Trade jointly issued the "Regarding the Establishment of Third-Party Supervision of the Enterprises Involved in Compliance Guiding Opinions on the Evaluation Mechanism (for Trial Implementation), focusing on strengthening the standardized construction of third-party regulatory rules.
In September, the management committee of the third-party supervision and evaluation mechanism for the company's compliance was formally established.
As of the end of November, the pilot areas had handled 525 compliance cases involving enterprises, of which 254 cases applied the third-party supervision and evaluation mechanism.
In order to give full play to the guiding significance of the cases, the Supreme People's Court issued two batches of typical corporate compliance cases on June 3 and December 8.
Manuscript coordinator: Li Yinghua, Ma Feifei, and Yu Fang Layout design: Zhao Yinuo
Li Yinghua, Ma Feifei, Cao Yu Fang