The Supreme People's Procuratorate issued the "Regulations" emphasizing the improvement of internal coordination and control
Strictly regulate the handling of duty-related criminal cases by judicial personnel
Newspaper, Beijing, December 29th (reporter Dai Jia, trainee reporter Zhao Xiaoming) Recently, the Supreme People's Procuratorate issued the "Regulations on Strengthening Cooperation and Restriction in Handling People's Procuratorates' Investigation of Judicial Workers' Duty-Based Crime Cases" (hereinafter referred to as "Regulations"), From the six aspects of division of responsibilities, early intervention, review and arrest, review and prosecution, public prosecution in court and other regulations, the work related to the handling of cases filed by procuratorial organs for investigation of judicial personnel's duty-related crimes is clearly stipulated.
According to the person in charge of the Third Procuratorate of the Supreme People's Procuratorate, maintaining the purity and health of the political and legal team and eliminating the "black sheep" of the political and legal team is an important decision and deployment made by the Party Central Committee.
The report of the 20th National Congress of the Communist Party of China emphasized that "comprehensive and strict governance of the party is always on the road, and the party's self-revolution is always on the road."
The Supreme People's Procuratorate issued the "Regulations" to further implement the relevant deployment requirements of the Party Central Committee, strictly regulate the handling of duty-related crimes by procuratorial organs for investigation of judicial personnel, improve the internal cooperation and control mechanism, strengthen self-supervision, and improve the quality and efficiency of case handling.
The "Regulations" point out that when the procuratorate discovers during the legal supervision of litigation activities that judicial personnel use their powers to commit illegal detention, torture, illegal searches and other crimes that violate civil rights and impair judicial justice, the department in charge of the investigation (hereinafter referred to as The department responsible for arresting and prosecuting duty-related crimes (hereinafter referred to as the “prosecution department”) performs duties such as reviewing arrests, reviewing prosecutions, filing public prosecutions, and supervising investigations and trials.
In terms of early intervention, the "Regulations" emphasize that during the investigation process, the investigation department may listen to the opinions of the occupational inspection department on issues such as case jurisdiction, evidence collection, fact determination, case characterization, law application, compulsory measures, and the handling of property involved in the case.
For major, difficult, and complicated cases, the investigation department may request the professional inspection department of the court to intervene in the investigation activities in advance.
In the stage of review and arrest, the "Regulations" require that if a criminal suspect needs to be arrested, the investigation department shall prepare a statement of opinion on the arrest of the criminal suspect, and transfer it together with relevant evidence and other case file materials to the employment inspection department for review.
After the criminal suspect is arrested, if the investigation department makes a decision to change the compulsory measures, it must promptly notify the employment inspection department.
In terms of review and prosecution, the "Regulations" require that for a case that is decided to be transferred for review and prosecution, the investigation department must transfer the prosecution opinion or non-prosecution opinion, relevant evidence and other case file materials to the employment inspection department for handling.
For cases transferred for prosecution by the investigation department of this court, the occupational inspection department generally continues to use the original compulsory measures.
If the occupational inspection department considers that the case needs supplementary investigation after examination, it shall prepare a supplementary investigation outline and return it together with the case files to the investigation department.
When necessary, the investigation can be supplemented by itself after communicating with the investigation department.
In the process of appearing in court for public prosecution, the "Regulations" require that for cases that need to provide additional evidence required for court trials or conduct supplementary investigations during the trial process, the occupational inspection department should consult with the investigation department to supplement and improve evidence, and cooperate with relevant work.
For cases where the court decides to hold a trial, the job inspection department shall promptly notify the investigation department of the hearing information.
The investigative department may send personnel to attend the court hearing.
Before the court announces the judgment, if the employment inspection department finds that it is necessary to modify, supplement, add, or withdraw the prosecution, it shall report to the chief prosecutor for a decision after consulting the investigation department.
(Procuratorate Daily)