China News Service, February 5. Hou Yahui, Director of the Fifth Procuratorate of the Supreme People's Procuratorate, revealed in an online interview with the Director of the Supreme People's Procuratorate on February 5 that as of November 2023, procuratorial organs across the country had accepted 27 "leave reduction and temporary" cases. More than 10,000 people, from a year-on-year decrease of 11.7% in the first quarter to a year-on-year increase of 28.5%, put forward more than 16,000 corrective opinions. This not only supervises and prevents "disorderly acts" such as "paper sentences" and "withdrawing money from prison", but also supervises and prevents such "disorders". "Inaction" such as whether to reduce or not, whether to let go or not.
The first is to strengthen institutional supply. Actively promote the formulation and issuance of the "Guiding Opinions on Promoting the Application of the Parole System in accordance with the Law" of the "Two Highs and Two Ministries" and the "Opinions of the "Two Highs, Three Ministries and One Committee" on Further Standardizing the Work of Temporarily Serving Outside Prison", jointly organized by the Supreme Law and the Ministry of Justice In the same-class training class on "temporary leave reduction", we systematically interpret the newly issued relevant normative documents, jointly discuss new situations and new issues in the "temporary leave reduction" work, and improve the ability to handle "temporary leave reduction" cases. In accordance with the deployment of the Central Political and Legal Affairs Commission, we jointly carried out special inspections with the Supreme People's Court and the Ministry of Justice to supervise the implementation of the "temporary holiday reduction" normative documents.
The second is to lead demonstration and promote. The Supreme People's Procuratorate notified the Ministry of Justice of the handling of the "temporary leave reduction" case, put forward opinions and suggestions for strengthening and improving the work, and listed them as key matters for discussion between the Supreme People's Procuratorate and the Ministry of Justice. Directly organize special inspection tours, combine supervision to prevent the death of detainees with supervision of "reduced leave and temporary leave", keep a close eye on key areas and key prisons, and work with prison management departments to urge rectifications to effectively protect the legitimate rights and interests of detainees. For the first time, the 49th batch of guiding cases of the Supreme People's Procuratorate were issued with the theme of parole supervision, providing reference for local supervision and handling of cases.
The third is to strengthen substantive examination. Comprehensively review the materials submitted by the penalty execution agency, not only review the objective performance of criminals such as labor reform and supervision reform, but also review the subjective performance of criminals such as ideological reform, focusing on reviewing job adjustments, scoring assessments, meritorious awards, disease identification, Punishment for violations and other key aspects. The cases of petitions for commutation and parole in prisons are large in number and "tidal". All localities are encouraged to develop and apply big data supervision models to conduct collision comparisons and assist judgments, promptly discover problems in the execution of penalty changes, and pass written prosecutions Provide feedback to the prison in the form of suggestions or correction notices to improve review efficiency.
The fourth is to increase the application of hearings. When handling "leave reduction and temporary" cases that are controversial in terms of fact determination, application of law, etc. or have significant social impact, hearings should be organized in accordance with regulations, representatives from relevant units or fields should be invited to participate, and the case handling process should be "exposed" to the public. Fairness and justice can be seen and felt, effectively preventing secret operations. Lawyers and experts are invited to participate in highly subjective judicial judgments such as “there is no risk of re-offending” and other highly subjective judicial judgments such as whether they are eligible for both commutation and parole, as well as highly professional medical diagnosis opinions such as whether they are eligible for medical parole for serious diseases. Provide professional advice to help make objective and comprehensive evaluations in accordance with the law. In 2023, the Supreme People's Procuratorate took the lead in directly organizing procuratorial hearings for 3 cases of temporary execution outside prison, and took the lead to promote the application of "temporary leave reduction" to a scientific and reasonable level.
Hou Yahui said that in 2024, under the strong leadership of the Supreme People's Procuratorate Party Group, the Supreme People's Procuratorate will adhere to the general tone of seeking progress while maintaining stability, focus on its supervisory duties in procuratorial investigations and criminal execution procuratorial work, continue to solve problems and deepen them, and have the courage to take responsibility for the work. Promote the modernization of procuratorial work and make greater contributions.