Supreme People's Procuratorate All China Women's Federation
Notice on Printing and Distributing "Typical Cases of Procuratorial Organs and Women's Federation Organizations Strengthening Judicial Assistance Cooperation (First Batch)"
The people's procuratorates and women's federations of all provinces, autonomous regions, and municipalities directly under the Central Government, the people's procuratorates of Xinjiang Production and Construction Corps, and the women's federations:
In order to thoroughly study and implement the spirit of the 20th National Congress of the Communist Party of China, comprehensively implement Xi Jinping's thoughts on the rule of law, deepen the activities of "focusing on women in difficulty and strengthening special judicial assistance", and further strengthen the cooperation between procuratorial organs and women's federations in carrying out national judicial assistance work, the formation of Work together to better protect the legitimate rights and interests of women in need. Now, 8 typical cases including the Beijing Wu Jiahong National Judicial Rescue Case are printed and distributed to you for your reference.
Supreme People's Procuratorate All China Women's Federation
March 2, 2023
Case number one
Beijing Wu Jiahong National Judicial Assistance Case
【Key words】
The Women's Federation of Disabled and Difficult Victims of Domestic Violence Transferred Clues for Comprehensive Assistance and Rescue Return Visit
【Basic case】
Rescued person Wu Jiahong, female, born in July 1983, is a victim of domestic violence.
On August 27, 2015, Wu Jiahong and Wang Mouliang registered their marriage.
After Wu Jiahong's father passed away in 2017, Wang Mouliang often carried out violent abuses such as beating and scolding, freezing and starving Wu Jiahong, which caused Wu Jiahong's mental state to deteriorate and her mental illness to worsen. Wang Mouliang did not actively treat him.
Later, Wu Jiahong's sister Wu Yihong applied to the court to declare Wu Jiahong as a person with limited capacity for civil conduct, and at the same time applied to designate herself as Wu Jiahong's guardian.
On December 3, 2021, the People's Court of Fengtai District, Beijing issued a civil judgment, declaring Wu Jiahong as a person with limited capacity for civil conduct.
The court did not deal with the dispute over the designation of guardians between the two parties.
On April 28, 2022, upon Wu Yihong's application, the Fengtai District People's Procuratorate submitted an opinion in support of the prosecution to the Fengtai District People's Court regarding the divorce dispute between the designated guardian and Wu Jiahong.
On August 9, 2022, the People's Procuratorate of Fengtai District carried out criminal supervision over Wang Mouliang's abuse of Wu Jiahong.
On August 10, 2022, Fengtai District Public Security Bureau opened a case for investigation on Wang Mouliang's suspicion of abuse.
After the transfer for prosecution, the Fengtai District People's Procuratorate filed a public prosecution with the Fengtai District People's Court on December 16, 2022 for the crime of intentional injury by Wang Mouliang.
【Rescue process】
Wu Jiahong's sister, Wu Yihong, reported to Fengtai District Women's Federation Wu Jiahong's experience of domestic violence, etc., and Fengtai District Women's Federation transferred the clues of judicial assistance in this case to Fengtai District People's Procuratorate.
The Fengtai District People's Procuratorate decided to start the judicial assistance procedure, and after investigation, the relevant facts were found out.
Wu Jiahong was diagnosed with schizophrenia in November 2019. She is a person with limited capacity for civil conduct. During her marriage, she suffered domestic violence from her husband Wang Mouliang, resulting in physical disabilities, mental illness and physical injuries requiring long-term treatment; Wu Jiahong is a resident Hukou, does not enjoy the treatment of villagers in the village where she lives, does not have subsistence allowances, has no working ability and source of income, and needs special care; Wu Jiahong is now living in a rented house, and her sister Wu Yihong is responsible for daily expenses and rent, making life difficult.
The Fengtai District People's Procuratorate found that Wu Jiahong met the conditions for judicial assistance and was a disabled woman who suffered from domestic violence.
In order to improve the effect of judicial assistance, the People's Procuratorate of Fengtai District held a symposium with the District Women's Federation, the township government and village committee where the rescued person lives, and invited representatives of the National People's Congress to participate in joint research and promotion of diversified and comprehensive assistance to Wu Jiahong.
First, the Women's Federation of Fengtai District included Wu Jiahong as a key object of care and assistance, provided Wu Jiahong with psychological comfort and counseling in a timely manner, and coordinated psychological treatment; second, coordinated with the District Disabled Persons' Federation to apply for Wu Jiahong's third-level mental disability certificate and apply for a living allowance of 1,320 yuan for the disabled / month, nursing subsidy 100 yuan / month, disability assistance subsidy 100 yuan / month, guardian subsidy 200 yuan / month, Wu Jiahong is exempted from the personal payment part of the medical insurance for urban and rural residents, and the expenses incurred for seeing a doctor will be reimbursed according to the Beijing medical insurance policy; Pay attention to and follow up the divorce proceedings between Wu Jiahong and Wang Mouliang, and provide them with legal assistance.
In January 2023, the Fengtai District People's Procuratorate conducted a rescue visit and learned that various assistance measures have been implemented.
Wu Jiahong is now under the care of Wu Yihong, and her life is stable.
The village where Wu Jiahong lives will also apply for minimum living allowances for Wu Jiahong based on the relevant court judgments, and will focus on Wu Jiahong's situation in the follow-up work on demolition compensation to protect Wu Jiahong's property rights.
【Typical meaning】
This case is a typical case in which the procuratorate and the women's federation strengthened judicial assistance and comprehensive support for disabled women who suffered from domestic violence.
In this case, the Women's Federation of Fengtai District found clues for judicial assistance and promptly transferred them to the People's Procuratorate of Fengtai District.
The People's Procuratorate of Fengtai District quickly launched the judicial assistance procedure, issued judicial assistance funds in a timely manner, and eased the urgent life difficulties faced by the rescued people. It also strengthened communication and cooperation with the Women's Federation, the township government where the rescued people lived, and grassroots autonomous organizations, and actively coordinated and carried out psychological counseling , Assisting in handling disability certificates, implementing subsidies for the disabled, providing legal aid and other diversified and comprehensive assistance work, which has effectively improved the effect of case assistance.
In the process of handling judicial aid cases, the Fengtai District People's Procuratorate also actively performed the functions of civil support for prosecution and supervision of criminal case filing in light of the actual case handling, further protecting the legitimate rights and interests of the rescued.
case two
Jiangsu Zeng Mouyan State Judicial Assistance Case
【Key words】
Comprehensive assistance for victims of intentional injury cases, rural women in need, reduction or exemption of medical expenses, follow-up assistance
【Basic case】
The rescued Zeng Mouyan, female, born in September 1980, is the victim of Chen Moubao's intentional injury case.
On the evening of June 27, 2021, during a quarrel with Zeng Mouyan over divorce property disputes, Chen Moubao took a kitchen knife to the room of Zeng Mouyan and her ex-husband's son Peng Mouwei, and confronted Zeng Mouyan and Peng Mouwei. As a result of the murder, Zeng Mouyan suffered level 5 blindness in her left eye, multiple stab wounds all over her body, blood loss, severe shock, and the degree of injury reached level 2 serious injury.
On June 28, 2021, the Jiangbei New District Branch of the Nanjing Public Security Bureau of Jiangsu Province filed a case for investigation on Chen Moubao's suspicion of intentional injury.
On September 2, 2021, the People's Procuratorate of Jiangbei New District, Nanjing City made a decision to approve the arrest of Chen Moubao on suspicion of intentional injury.
On October 27, 2021, the Jiangbei New District Branch of the Nanjing Municipal Public Security Bureau transferred Chen Moubao to review and prosecute.
On November 27, 2021, the People's Procuratorate of Jiangbei New Area prosecuted Chen Moubao for the crime of intentional injury, and Zeng Mouyan and Peng Mouwei filed an incidental civil lawsuit.
On March 4, 2022, the Jiangbei New District People's Court sentenced Chen Moubao to eight years and two months in prison for the crime of intentional injury, and compensated the plaintiff in the attached civil lawsuit for economic losses of more than 100,000 yuan.
【Rescue process】
The criminal prosecution department of the People's Procuratorate of Jiangbei New District took the initiative to understand the difficult life situation of the victim's family in the case of Chen Moubao's intentional injury, found clues to judicial assistance in this case, and transferred it to the prosecution department for prosecution and appeal.
The complaint appealed to the prosecutorial department decided to initiate judicial assistance procedures.
After field visits and investigations, the relevant facts were ascertained.
Zeng Mouyan, a rural resident, was sent to the hospital for treatment after the incident. He was hospitalized for more than 40 days and spent more than 80,000 yuan in medical expenses. The left eye has no light perception due to property damage, and urgently needs eyeball enucleation and prosthetic eye implantation surgery. The medical expenses are 20,000 yuan; Zeng Mouyan and her son Peng Mouwei are now living in a rented house, and the source of income is Zeng Mouyan's outsourcing operations in a company The income from his son’s income and his son’s income from being an apprentice in a private auto repair factory, after deducting rent and daily expenses, there is not much left; The medical expenses required for local nursing, and the family life is relatively difficult.
The People's Procuratorate of Jiangbei New Area reviewed and believed that Zeng Mouyan met the conditions for judicial assistance and was a woman living in difficulties in rural areas. She should be given priority assistance and decided to issue judicial assistance funds to her.
In order to further improve the rescue effect, the People's Procuratorate of Jiangbei New District notified the situation of judicial assistance in this case to the New District Women's Federation, and jointly studied and promoted comprehensive assistance measures.
One is that the Women’s Federation of the New District identified Zeng Mouyan as a key to help women in need; the other is that the rescued person reported that his company planned to dismiss him on the grounds that he was disabled due to the case and was not suitable for continuing to work, and actively communicated with the rescued person. The company communicated and coordinated, and adjusted her to a more suitable position; the third was to actively contact the treatment hospital, explain Zeng Mouyan's difficult situation to the hospital, and coordinate to reduce or exempt part of the operation fee.
After the judicial assistance case was completed, the Jiangbei New Area People's Procuratorate and the Women's Federation of the New Area jointly visited Zeng Mouyan herself, her community and company on a regular basis, continued to pay attention to the work and living conditions of the rescued, and helped the rescued regain their confidence in life.
【Typical meaning】
This case is a typical case in which the procuratorate and the women's federations have strengthened cooperation in judicial assistance for women in need in rural areas, and jointly carried out comprehensive assistance.
In this case, the People’s Procuratorate of Jiangbei New District took the initiative to learn about the difficulties of the victim’s family life during the handling of the case, promptly initiated the judicial assistance procedure after discovering clues to judicial assistance, issued relief funds, and relieved the urgent need of the rescued family, and promptly notified the Women’s Federation of judicial assistance According to the situation, we jointly carry out comprehensive assistance and follow-up visits to help the rescued regain their confidence in life and effectively guarantee the rescue effect.
case three
Jiangxi Gu Mouxiang and other 5 people in the national judicial assistance case
【Key words】
Close relatives of the victims of the traffic accident case, poor women in rural areas who originally registered for comprehensive assistance and assistance for minors in poverty-stricken households
【Basic case】
Rescued persons Gu Mouxiang, female, born in November 1972; Huang Moumei, female, born in January 1937; Ye Mouli, female, born in December 2000; Ye Moru, female, born in December 2004 ; Ye Mouli, male, born in October 2008.
The five are the wife, mother and children of Ye Mouyong, the victim of Liu Mouwen's traffic accident.
On December 15, 2021, Liu Mouwen drove an unlicensed electric tricycle after drinking and crossed the yellow line when turning left at a certain village intersection in Jinggangshan City, Jiangxi Province. Yong was injured and died after rescue efforts failed.
The traffic police department determined that Liu Mouwen was mainly responsible for the traffic accident.
On December 22, 2021, the Jinggangshan City Public Security Bureau filed a case for investigation against Liu Mouwen on suspicion of traffic accidents, and on January 13, 2022, he was transferred to the Jinggangshan City People's Procuratorate for review and prosecution.
On January 21, 2022, the People's Procuratorate of Jinggangshan City filed a public prosecution against Liu Mouwen, and Gu Mouxiang and others filed an incidental civil lawsuit.
On April 26, 2022, the Jinggangshan City People's Court sentenced the defendant Liu Mouwen to one year and two months' imprisonment for the crime of causing a traffic accident, and compensated the plaintiff in the civil lawsuit with funeral expenses and death compensation of more than 680,000 yuan.
【Rescue process】
The criminal prosecution department of the Jinggangshan People’s Procuratorate found that Liu Mouwen only paid part of Ye Mouyong’s treatment expenses in advance during the rescue period in the traffic accident case of the People’s Procuratorate of Jinggangshan City. His life may be in trouble, so he transferred the clues of judicial assistance in this case to the prosecutorial department for prosecution and appeal.
The prosecution department decided to start the judicial aid procedure, opened a "green channel", and designated special personnel to handle it first.
After investigation, the relevant facts were found out.
Before the incident, Ye Mouyong’s family had 7 members. They were originally poor households registered in rural areas and mainly relied on Ye Mouyong’s wages to maintain their livelihood. After the case, Ye Mouyong died and the family lost their main source of income; Gu Mouxiang Living on farming with little income, Ye Mousheng, who was 15 years old at the time, hanged himself because he could not get out of the shadow of his father's accidental death. As a minor, Gu Mouxiang not only has to raise three children alone, but also needs to support her 85-year-old mother-in-law. Family life is very difficult.
The People's Procuratorate of Jinggangshan City considered that this case met the conditions for judicial assistance, and that Gu Mouxiang belonged to the activity of "focusing on women in difficulty and strengthening special judicial assistance" in which "the main labor force of the family was killed by violations of laws and crimes, and he was responsible for raising minor children and supporting the elderly." In the case of difficult women, it was decided to issue judicial relief funds to them.
In order to further increase assistance, help consolidate and expand the achievements of poverty alleviation, and promote social harmony and stability, the Jinggangshan Municipal People's Procuratorate has strengthened communication and cooperation with the Municipal Women's Federation, and actively coordinated with relevant functional departments to carry out multiple comprehensive assistance.
One is to give full play to the advantages of the women's federation, carry out targeted psychological counseling for Gu Mouxiang and her children, include Gu Mouxiang as a key focus object, and carry out regular visits and condolences; Plan” to provide corresponding study and living allowances; third, the education department implements support policies for Gu Xingxiang’s underage children, reducing or exempting tuition and miscellaneous fees; , the family can get a minimum living allowance of 2,100 yuan per month; fifth, the local village committee arranges public welfare posts for Gu Mouxiang nearby, with a monthly income of 500 yuan.
After the judicial assistance case was completed, the People’s Procuratorate of Jinggangshan City and the Municipal Women’s Federation conducted a return visit and learned that the living conditions and mental state of Gu Mouxiang’s family members have improved greatly. Work-study program to be self-reliant.
Gu Mouxiang said that in the future, he will face life positively and optimistically, work hard to support the elderly, raise good children, and strive to give back to society.
【Typical meaning】
This case is a typical case in which the procuratorate and the women's federations have strengthened cooperation in judicial assistance for women in need in rural areas, and actively coordinated and carried out multiple and comprehensive assistance.
In this case, the People’s Procuratorate of Jinggangshan City found clues to judicial assistance in the process of handling criminal cases, opened a "green channel" for judicial assistance to women in difficulty, and designated special personnel to give priority to handling. At the same time, in light of the actual difficulties of the families of the rescued, actively strengthen cooperation with the Women's Federation, cooperate with relevant departments to carry out social assistance, realize the organic connection between judicial assistance and social assistance, and continue to pay attention to the family life of the rescued through return visits , effectively promoting the organic unity of the political, social and legal effects of judicial handling of cases.
case four
State Judicial Assistance Case of Zhao Moulei, Shandong
【Key words】
Female college students looking for jobs Comprehensive support and assistance for family members of retired soldiers Return visit Employment safety training Promote social governance
【Basic case】
Rescued person Zhao Moulei, female, born in December 2000, is the victim of Chen Mouqi's forced molestation case.
In July 2020, after graduating from university, Zhao Moulei went to Chen Mouqi's studio to apply for a job.
During the interview, Chen Mouqi took the opportunity to molested Zhao Moulei.
It was later found out that Chen Mouqi also used the same method to molest Lu Moumou, who came to apply for the job.
In March 2021, the People's Court of Lanshan District, Linyi City, Shandong Province sentenced Chen Mouqi to three years and six months in prison for the crime of compulsory indecency.
The victim Lu Moumou refused to accept the court's judgment and filed a complaint with the Lanshan District People's Procuratorate.
【Rescue process】
The Lanshan District People's Procuratorate accused the prosecution department that in the process of handling Lu Mou's criminal complaint case, it found that Zhao Moulei, another victim in the original case, had a difficult family life and might meet the conditions for judicial assistance. The progress of the case.
Relevant facts were ascertained through household visits and other investigations.
There are 5 people in Zhao Moulei's family. Zhao Moulei is the only laborer in the family. Her father is a disabled veteran. After retiring, she suffered from schizophrenia and was incapable of working. The younger sister is still young and is studying in a certain school; after the incident, Zhao Moulei was severely stimulated, unable to work normally, and her family life was very difficult.
The Lanshan District People's Procuratorate found that Zhao Moulei was violated by crimes during job hunting and employment, which aggravated the difficulties of family life and met the conditions for judicial assistance, so it decided to issue judicial assistance funds to her.
In view of Zhao Moulei's serious mental trauma, greatly affected communication and expression skills, and unable to work normally, the Lanshan District People's Procuratorate and the District Women's Federation set up a caring group to organize "happiness escort" female volunteers, psychological counselors, The community workers provided Zhao Moulei with long-term psychological counseling, guiding her to gradually get out of the psychological shadow, and achieved employment in a certain company with a monthly income of more than 3,000 yuan; the District Women's Federation included Zhao Moulei's mother in the Women's Well-being Project and applied for her "low-income women" "Two cancers" relief fund and serious illness medical subsidy of 4,000 yuan; coordinate with the District Civil Affairs Bureau and the District Veterans Affairs Bureau to implement Zhao Moulei's father's veterans' disability subsidy of 10,000 yuan per year; the local village committee and Bao village cadres carry out "neighborhood mutual assistance" "Activity, listed Zhao Moulei's family as a key object of assistance, and further tracked and implemented policies such as minimum living allowances, subsidies for the disabled, and medical security.
After the judicial assistance case was completed, the Lanshan District People’s Procuratorate and the District Women’s Federation, together with relevant departments, conducted return visits to Zhao Moulei’s family four times. At present, Zhao Moulei’s father’s mental state is recovering well, and her mother’s condition is stable and she is doing manual work at home to subsidize her family , her younger brother and younger sister are studying at school with peace of mind, Zhao Moulei regained her confidence in life, and her family life returned to normal.
The Lanshan District People's Procuratorate also combined with the situation in this case that criminals took advantage of female college students' eagerness to seek jobs and lack of self-prevention awareness to set up job hunting traps and infringe on the personal rights of female college students. An expert team composed of prosecutors, staff of women's federations, lawyers, and female volunteers, went to local colleges and universities to carry out employment and part-time safety training, and provided legal advice on issues such as preventing sexual assault, gender discrimination, and sexual harassment during the employment process To help college students enhance their safety protection awareness and self-protection ability, and promote the improvement of social governance.
【Typical meaning】
This case is a typical case where the procuratorate strengthens its cooperation with the women's federation in judicial aid in combination with the handling of criminal complaints, and effectively safeguards the legitimate rights and interests of female college students who have been violated in the process of job hunting.
In this case, the Lanshan District People’s Procuratorate discovered clues to judicial assistance in the process of handling a criminal complaint case, quickly initiated the judicial assistance procedure, issued judicial assistance funds in a timely manner, and eased the family difficulties of the rescued. Assistance and social assistance linkage mechanism, actively coordinate the implementation of comprehensive assistance measures, and effectively solve the long-term living security problems of the families of the rescued.
The procuratorate and the women's federation also jointly carried out a series of return visits and the "employment safety season" for college students to escort female college students' safe employment, realize the integration and interaction of judicial assistance and social governance, and have played a good role in "handling a case and educating all". .
case five
The State Judicial Assistance Case of Luo Mouyan in Hunan
【Key words】
Close relatives of criminal victims in difficulty Women's Federation transfers clues to joint rescue and comprehensive assistance joint return visit
【Basic case】
The rescued Luo Mouyan, female, born in July 1983, is the wife of Liu Moumou, the victim of a traffic accident in Zhou.
At around 0:00 on January 31, 2019, when Zhou drove a car without a license through a certain road section in Changning City, Hunan Province, due to improper operation, he drove into the opposite lane and collided with the vehicle driven by Jiang, causing Jiang's car to be injured. Passenger Liu Moumou was seriously injured.
As determined by the traffic police department, Zhou and Jiang were respectively responsible for the primary and secondary responsibilities of the traffic accident, while Liu was not responsible.
Liu Xsan filed a civil lawsuit, and the Changning City People's Court made a civil judgment on October 28, 2019. The insurance company, Zhou X, and Jiang X compensated Liu Xsan more than 210,000 yuan, 560,000 yuan, and 120,000 yuan, respectively.
After the civil judgment came into effect, the insurance company fulfilled the obligation, but Jiang was unable to continue to fulfill the 30,000 yuan payment, and Zhou failed to perform the compensation liability.
On October 16, 2019, the Changning City Public Security Bureau criminally detained Zhou on suspicion of causing a traffic accident, and the Changning City People's Procuratorate approved the arrest.
After the case was transferred for prosecution, the Changning City People's Procuratorate filed a public prosecution with the Changning City People's Court.
On May 11, 2020, the Changning City People's Court sentenced Zhou to ten months' imprisonment for the crime of causing a traffic accident.
【Rescue process】
In May 2022, when Changning City Women’s Federation started work at home, it was discovered that Luo Mouyan’s husband had lost the ability to work due to the case. Luo Mouyan had an elderly person who needed to be supported and a number of children who needed to be raised. , and according to the "Work Connection Mechanism for Strengthening the Protection of the Rights and Interests of Difficult Women in Judicial Assistance Cases" jointly issued by the Hengyang Municipal People's Procuratorate and the Hengyang Municipal Women's Federation, the judicial assistance clues of this case were transferred to the Changning Municipal People's Procuratorate.
The Changning City People's Procuratorate decided to start the judicial assistance procedure, and after investigation and verification, the relevant facts were found out.
Luo Mouyan’s family is a local low-income household with 8 family members. Before the incident, Luo Mouyan’s husband Liu Moumou was engaged in decoration work, and Luo Mouyan was working outside. The income of the two was relatively stable, and the four children were all young. The youngest daughter is 3 years old and has not yet entered school, and the other three children are all in elementary school. Luo Mouyan's parents-in-law are all farmers and make a living from farming. The third level of serious injury and the first level of disability require lifelong care. Luo Mouyan cannot go out to work because she needs to take care of her husband who is paralyzed in bed, takes care of her elderly parents-in-law, and raises four underage children. Zhou and Jiang had no property available for enforcement, and most of the compensation was not implemented in place, and all the compensation paid had been used for Liu's early treatment. Luo's family life was very difficult.
The Changning City People's Procuratorate found that Luo Mouyan's family life was in trouble due to the case and met the conditions for judicial assistance, and that Luo Mouyan belonged to the "focus on women in difficulty groups and strengthen special judicial assistance" activities. Women who are unable to work, bear the responsibilities of raising minor children and supporting the elderly” are the key targets of judicial assistance by the procuratorate.
In order to increase the rescue efforts, the Changning City People's Procuratorate requested the Hengyang City People's Procuratorate to conduct joint rescue and jointly issue judicial relief funds to Luo Mouyan.
In response to the actual difficulties of Luo Mouyan's family, the procuratorates of Hengyang City and Changning City and the Women's Federation jointly studied and actively coordinated and implemented diversified comprehensive assistance measures.
First, the Hengyang Women's Federation relied on the city's "Shoot! Sister!" public welfare project to help Luo Mouyan's family 10,000 yuan; The People's Procuratorate of Hunan Province included Luo Mouyan's four underage children in the public welfare project "Jian·Ai Plan" and provided annual scholarships; the fourth was that the Changning Rural Revitalization Bureau included Luo Mouyan's family in the "monitoring households for preventing return to poverty" and carried out Fifth, Luo Mouyan's village included her in the annual visits and condolences, and carried out "one-on-one" paired assistance to promote the resolution of her family life difficulties.
After the judicial assistance case was completed, the procuratorates of Hengyang City and Changning City and the Women's Federation jointly carried out return visits to follow up on the implementation of various relief and assistance measures, and arranged for the staff of the Women's Federation and female volunteers to carry out follow-up assistance on a regular basis. It was highly affirmed by Luo Mouyan's family and nearby people.
【Typical meaning】
This case is a typical case where the procuratorial organ has strengthened judicial assistance cooperation with the women's federation and practically increased assistance and assistance to women in difficulty who are the main labor force of the family and have lost their ability to work.
In this case, the Women's Federation of Changning City discovered clues to judicial assistance in its daily work, and transferred it to the Changning City People's Procuratorate relying on the working mechanism for judicial assistance for women in difficulty established between it and the local procuratorate.
Changning City People's Procuratorate took the initiative to start the judicial assistance procedure, and submitted to Hengyang City People's Procuratorate for joint assistance to issue judicial assistance funds in a timely manner.
In response to the actual difficulties of the families of the rescued, the procuratorate and the women's federations jointly researched, actively coordinated with relevant functional departments to jointly carry out diversified and comprehensive assistance, and jointly carried out return visits, which effectively promoted the resolution of the urgent and anxious problems of women's families in difficulty.
case six
Sichuan Zhao Mouhong and other 4 people in the national judicial assistance case
【Key words】
Victims of homicide cases who are in difficulty
【Basic case】
The rescued Zhao Mouhong, female, born in September 1980, is the victim of Tang Moulun's intentional homicide and the wife of another victim, Shui Mouyi; the rescued Liao Mouyu, Shui Mouyi, and Shui Moujie, respectively Zhao Mouhong's mother-in-law, daughter and son.
At about 14:00 on April 19, 2020, Tang Moulun had an argument with Shui Mouyi and Zhao Mouhong over trivial matters after drinking. Tang Moulun took out a sharp knife and stabbed Shui Mouyi in the left chest, and then stabbed him with a sharp knife. Zhao Mouhong was hit on the back, abdomen and head with stones, resulting in Shui Mouyi's death on the spot, and Zhao Mouhong's second-degree serious injury.
After the public security organ filed a case for investigation and transferred it for prosecution, on September 24, 2020, the Chengdu Municipal People's Procuratorate filed a public prosecution against the defendant Tang Moulun for intentional homicide, and Zhao Mouhong and others filed an incidental civil lawsuit.
On February 26, 2021, the Chengdu Intermediate People's Court sentenced the defendant Tang Moulun to death for intentional homicide, with a two-year suspension of execution, and compensated the plaintiff's funeral expenses and death compensation in a civil lawsuit totaling more than 720,000 yuan.
After Tang Moulun appealed, the Sichuan Provincial Higher People's Court made a final judgment on November 2, 2021, upholding the criminal part of the first-instance judgment and revoking the compensation content related to death compensation.
【Rescue process】
The criminal prosecution department of the Sichuan Provincial People's Procuratorate found that the victim Zhao Mouhong might belong to a woman in need when handling Tang Moulun's intentional homicide case, and transferred the clues of judicial assistance to the prosecutorial department for accusation and appeal.
The prosecution department decided to start the judicial assistance procedure, and jointly handled it with the Chengdu Municipal People's Procuratorate and the Tianfu New District People's Procuratorate to open a "green channel" to speed up the process and increase assistance.
On April 29, 2022, Feng Jian, the then chief procurator of the Sichuan Provincial People's Procuratorate, received Zhao Mouhong, listened to her appeal on the spot, and asked the procuratorate to strengthen rescue cooperation with the Provincial Women's Federation.
After the procuratorate and the women's federation jointly visited and investigated, the relevant facts were ascertained.
There were originally 5 members of Zhao Mouhong's family, whose household registration was in a certain village in a town in Pengzhou City. Before the incident, Zhao Mouhong and her husband Shui Mouyi were engaged in agricultural production and selling fruits and vegetables in the local area, and their income was still enough to support the family's expenses. Hou Shui Mouyi died. Zhao Mouhong was seriously injured at the second level and required follow-up treatment. Daughter Shui Mouyi is a third-year student in a middle school in Pengzhou City, son Shui Moujie is a first-year student in a certain elementary school, and her mother-in-law Liao Mouyu is 68 years old, blind and disabled at the first level, unable to take care of herself; the amount of compensation in the attached civil lawsuit is not high , and the defendant Tang Moulun only partially performed, and Zhao Mouhong's family life was in trouble.
四川省、成都市、天府新区三级检察院审查认为，赵某红等人符合司法救助条件，且属于“关注困难妇女群体，加强专项司法救助”活动中的重点救助对象，决定共同发放司法救助金。针对本案被救助人家庭实际生活困难，三级检察院和妇联共同到被救助人户籍所在地乡镇召开协调会，邀请有关政府部门共同开展跨区域、多元化的综合帮扶。一是成都市妇联所属公益组织对赵某红一家开展心理疏导和帮扶工作，确保税某怡以最好状态参加高考，并将税某怡列入“春蕾绽放”计划，给予资金帮助；二是彭州市民政局将赵某红家庭纳入低保及困难群众慰问范围，对廖某玉进行养老帮扶，协助税某怡申请“阳光圆梦”资助项目；三是彭州市教体局对税某怡进行心理辅导和高考指导，发放普通高中学生国家助学金，免除学费、课本费、住校费，考取大学后协助申请办理生源地助学贷款；四是彭州市卫健委对被救助人看病就医费用按规定给予减免，为廖某玉发放计划生育特殊家庭奖励扶助，享受免费体检并纳入系统管理；五是彭州市残联为廖某玉办理重度残疾人养老保险，纳入残疾人临时困难救助及适老适盲居家改造范围；六是彭州市仁爱中心及被救助人户籍所在地乡镇对廖某玉开展定期陪护和日常饮食起居生活帮扶；七是崇州市某街道和社区为赵某红提供灵活就业岗位、协助办理居住证等。
【典型意义】
本案系检察机关与妇联组织加强司法救助协作，对因案致困妇女跨区域协同进行司法救助和综合帮扶的典型案例。本案中，四川省人民检察院在办理刑事案件过程中主动启动司法救助程序，大检察官当面听取困难妇女诉求，了解其家庭生活困难情况，三级检察院上下联动，开通“绿色通道”加快案件办理进度，及时发放较高数额的司法救助金，充分发挥了司法救助“救急解困”的功能作用。检察机关还切实加强与妇联组织的协作配合，立足被救助人家庭上有老、下有小等实际困难，积极协调相关职能部门落实多元化综合帮扶措施，为被救助人长期生活保障提供有力支撑，有效提升了救助效果。
案例七
贵州黄某定等3人国家司法救助案
【关键词】
交通肇事案被害人近亲属农村困难妇女未成年人联合救助综合帮扶救助回访
【基本案情】
被救助人黄某定，女，1978年8月出生；王某甲，女，2012年5月出生；王某乙，男，2019年8月出生。三人分别系韦某坤交通肇事案被害人王某明的妻子及子女。
2019年12月7日，韦某坤无证驾驶无牌照三轮摩托车在贵州省镇宁县某乡镇道路行驶途中搭载王某明，之后发生侧翻，造成王某明死亡的道路交通事故。经交警部门认定，韦某坤在此次事故中负全部责任。2020年3月6日，镇宁县公安局以韦某坤涉嫌交通肇事罪立案侦查。移送起诉后，镇宁县人民检察院于2020年8月31日向镇宁县人民法院提起公诉。2020年9月17日，镇宁县人民法院以交通肇事罪判处韦某坤有期徒刑十个月，缓刑一年。
【救助过程】
镇宁县人民检察院刑事检察部门在办理韦某坤交通肇事案过程中，发现被害人王某明的妻子黄某定有两个未成年子女需要抚养，可能属于因案导致家庭生活困难情形，遂将本案司法救助线索移送控告申诉检察部门。控告申诉检察部门决定启动司法救助程序，经走访调查，查明了相关事实。黄某定系当地农村居民，患有智力障碍及言语残疾(一级)，无法与人正常交流，其女儿王某甲、儿子王某乙尚年幼，家庭原系建档立卡贫困户、低保户；案发前王某明系该家庭的唯一劳动力，案发后因王某明的死亡致家庭失去经济来源，在辖区政府的帮助下，黄某定、王某甲、王某乙已被送至该县某福利院生活。
镇宁县人民检察院审查认为，黄某定、王某甲、王某乙符合司法救助条件，其中黄某定系农村地区困难妇女，且身患智力障碍及言语残疾，属于检察机关司法救助的重点对象。为加大司法救助力度，镇宁县人民检察院报请安顺市人民检察院开展联合救助，决定共同发放司法救助金，并委托该县某福利院对司法救助金进行管理，确保用于黄某定等人的生活、医疗等支出。针对本案被救助人家庭现实困难情况，镇宁县人民检察院及时向县妇联通报，县妇联将黄某定户纳入重点关心、关注对象，与检察机关共同就黄某定等人的生活状况及司法救助金使用情况进行回访。对在回访中了解到的王某甲缺乏持续性帮扶、王某乙面临学前教育等问题，镇宁县人民检察院与县妇联于2022年3月共同与乡村振兴局等部门召开司法救助与社会救助衔接联席会，共商落实综合帮扶措施。一是县乡村振兴局会同镇政府将黄某定户纳入防止返贫监测对象管理，压实村级帮扶责任，定期跟踪回访掌握黄某定的基本生活情况；二是县教科局协调安排王某乙在该县某福利院附近的幼儿园就读，享受学前奖补资金，免除保教费、生活费，并赠送生活用品，使王某乙得以按时入园接受教育；三是县民政局将王某甲、王某乙两人纳入“事实无人抚养未成年人集中养育”，提供较为充足的养育金，并结合黄某定一家在福利院生活的实际，保障享受城市低保金，指定福利院工作人员专人接送王某乙进入幼儿园接受教育。
司法救助案件办结后，镇宁县人民检察院以本案的办理为切入点，与县妇联、民政局、乡村振兴局、司法局、医保局、教科局、退役军人事务局、残联等十一个部门会商，共同出台了《关于建立完善司法救助与社会救助工作的衔接机制(试行)》。
【典型意义】
本案系检察机关与妇联组织对困境妇女儿童加强司法救助协作，协同相关职能部门开展多元化综合帮扶的典型案例。本案中，镇宁县人民检察院针对被救助人家庭因案失去经济来源，尚有两个未成年子女需要抚养的实际，主动启动司法救助程序，联合上级院及时发放司法救助金，并将本案司法救助情况向县妇联通报。县妇联将被救助人家庭纳入重点关心、关注对象，与检察机关共同开展回访，协同乡村振兴、教育、民政等部门合力开展综合帮扶，促进解决被救助人家庭的后顾之忧，彰显了良好的政治效果、社会效果和法律效果。
案例八
陕西胡某芬等3人国家司法救助案
【关键词】
故意杀人案被害人困难妇女未成年人绿色通道综合帮扶联合回访
【基本案情】
被救助人胡某芬，女，1990年7月出生；周某怡，女，2011年5月出生；周某宇，女，2016年8月出生。三人系王某良故意杀人案被害人。
2021年11月4日凌晨4时许，王某良因感情纠纷与前妻胡某芬发生争执，用菜刀将胡某芬头部、面部砍伤，后又拿砖块砸伤胡某芬头部，并将胡某芬的两个女儿周某怡、周某宇砸击至昏迷。王某良被公安机关当场抓获。2021年11月5日，西安市公安局灞桥分局以王某良涉嫌故意杀人罪立案侦查。移送起诉后，灞桥区人民检察院于2022年2月18日报送西安市人民检察院审查起诉。2022年3月16日，西安市人民检察院以王某良犯故意杀人罪向西安市中级人民法院提起公诉。同年11月，胡某芬提起附带民事诉讼。目前，该案正在审理中。
【救助过程】
灞桥区人民检察院刑事检察部门在办理王某良故意杀人案过程中，发现被害人胡某芬、周某怡、周某宇可能符合司法救助条件，遂移送控告申诉检察部门。控告申诉检察部门开通司法救助“绿色通道”，加快案件办理进度。经走访调查，查明了相关事实。胡某芬来自农村家庭，其与王某良离婚后依靠打工收入抚养两个女儿，系家庭主要劳动力；王某良故意杀人案造成胡某芬轻伤一级、周某怡和周某宇重伤二级的严重后果，胡某芬住院两次，花费9万余元，周某怡住院四次，花费近20万元，周某宇住院两次，花费10万余元，无力承担全部治疗费用，家庭生活难以为继；母女三人无钱进行后续治疗，且大女儿一只眼睛有失明的风险，胡某芬为此患上抑郁症；案发后王某良未给予任何赔偿，胡某芬家庭生活陷入困境。
灞桥区人民检察院审查认为，胡某芬及其女儿因案导致生活困难，符合司法救助条件，且系检察机关司法救助重点对象，决定发放司法救助金，以纾解被救助人面临的急迫困难。针对胡某芬家庭实际生活困难，灞桥区人民检察院积极与区妇联联系，共同研究推进一系列帮扶措施。一是灞桥区妇联向被救助人发放困难救助金，进一步缓解其生活困难；二是联合被救助人所在街道办和村委会开展日常帮扶，送去生活物品，并关注胡某芬家庭生活状况；三是协调胡某芬两个女儿的就读学校，为其减免书本费、午餐费等。
司法救助案件办结后，灞桥区人民检察院与区妇联共同开展回访，关注被救助人心理健康，积极进行心理治疗和辅导，帮助重塑生活信心。2022年9月20日，在最高检和全国妇联召开的视频连线调研会议上，被救助人胡某芬应邀列席会议。当回忆起检察机关和妇联对其的救助帮扶时，胡某芬感激地说，“感谢党的好政策，感谢检察机关和妇联对我们的救助帮扶”。灞桥区人民检察院与区妇联还以本案办理为契机，共同出台《关于开展“关注困难妇女群体，加强专项司法救助”活动的实施意见》，建立救助困难妇女长效协作机制。
【典型意义】
This case is a typical case in which the procuratorial organ has increased its judicial assistance to women in difficulty in the process of handling criminal cases, and actively cooperated with the Women's Federation to carry out comprehensive assistance.
In this case, the Baqiao District People's Procuratorate gave full play to the functions of judicial assistance in "sending charcoal in the snow" and "emergency relief" for Hu Moufen and her two daughters who suffered from more medical expenses and unsustainable living after being injured. Initiate judicial aid procedures ex officio and issue judicial aid funds in a timely manner.
In order to further solve the actual living difficulties of Hu Moufen’s family, the Baqiao District People’s Procuratorate and the District Women’s Federation strengthened cooperation, promoted the implementation of comprehensive assistance measures, realized the organic connection between judicial assistance and social assistance, and established a long-term working mechanism, which effectively improved the judicial system. rescue effect.
(Supreme inspection website)