The Supreme People's Procuratorate issued a notice to strengthen the connection and cooperation between criminal prosecutors and public interest litigation prosecutors
Severely crack down on industry "inner ghosts" leaking citizens' personal information, illegal crimes
Yan Jingjing
Report from this newspaper (Reporter Yan Jingjing) Recently, the Supreme People's Procuratorate issued the "Notice on Strengthening the Linkage and Cooperation between Criminal Prosecution and Public Interest Litigation Procuratorial Strictly Combatting Telecom Network Crimes and Strengthening Judicial Protection of Personal Information" (hereinafter referred to as the "Notice").
Local procuratorial organs are required to actively promote the unified and correct implementation of laws and regulations such as the Personal Information Protection Law, participate in cyberspace governance, strengthen the connection and coordination of criminal prosecution and public interest litigation prosecutorial functions, and achieve full-chain strikes and integrated network governance.
The "Notice" requires in-depth efforts to crack down on the illegal and criminal work of "insiders" leaking citizens' personal information in accordance with the law, actively cooperate with the "Qinglang" series of special actions, and explore and accumulate typical experience in normalized supervision and handling of cases.
Focus on key industries, key areas, and key groups to carry out supervision and case handling, including processing large-scale personal information, especially sensitive personal information, and key industries that are prone to the risk of personal information leakage; finance, telecommunications, Internet, and employment and recruitment industries are prone to telecommunication network fraud. Key areas of illegal and criminal risks; key groups such as the elderly, school students, and minors who are vulnerable to telecommunication and network fraud crimes.
While severely cracking down on criminal offenses, we should give full play to the procuratorial function of public interest litigation, investigate the civil liability of offenders in accordance with the law, urge administrative organs to perform their duties, and enhance the effectiveness of punishment and prevention.
The "Notice" pointed out that it is necessary to improve the cooperation mechanism of criminal prosecution and public interest litigation prosecution.
Including the establishment of a clue transfer mechanism, a synchronous intervention mechanism, a personnel collaboration mechanism, and a consultation and judgment mechanism.
Aiming at the characteristics of cross-administrative division of telecommunication and network fraud and public welfare damage to personal information, we should further strengthen the empowerment of big data, and explore automatic capture and intelligent algorithm technology through keywords such as crimes, fields, and industries, and reform the supply of case clues. On the side, break down the data barriers between business lines.
For systemic, universal, and industrial problems that are prone to and frequently occur, the procuratorates at or above the provincial level may jointly supervise or deploy special rectification actions, and set up a "criminal + public interest litigation + technology" procuratorial case handling team to handle major cases in a centralized manner. case.
The "Notice" requires that it is necessary to further improve the level of investigation and evidence collection capabilities, and to enhance the quality and effectiveness of criminal incidental civil public interest litigation.
Strengthen the coordination and cooperation of criminal prosecution and public interest litigation prosecution departments in intervening in advance and guiding investigation work.
Actively use leniency to plead guilty and accept punishment, fewer arrests and prudent prosecutions, and compliance reform of companies involved in the case, etc., to innovate alternative repair methods for public welfare damage, and urge and guide offenders to timely and effectively perform public welfare damage compensation responsibilities.
The "Notice" emphasizes the need to further strengthen cyberspace system governance and traceability governance.
Combined with the analysis, research and judgment of supervising and handling similar cases to strengthen the governance of similar cases, focusing on discovering problems and loopholes in law enforcement and judicial work, industry supervision, information disclosure, comprehensive governance, etc. Procuratorial recommendations for fulfilling social responsibilities in accordance with the law.