In 2023, the Changsha Municipal Procuratorate will adhere to the guidance of the Thought on Socialism with Chinese Characteristics in the New Era, thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, and focus on the tasks of the whole city center to anchor the "Fight for the First".
1. Create an advanced and build a brand", actively perform their duties in accordance with the law, and make new progress in various procuratorial work. In order to fully display the procuratorial work in Changsha in 2023 and hand over a satisfactory answer to the party and the people, the Changsha Municipal Procuratorate and the Changsha Political and Legal Channel jointly launched a special report "The Ingenuity of the Long Inspection".
On January 7, he was the deputy director of the First Procuratorate Department of the Changsha Municipal ProcuratorateYu JieAs a guest in the studio, we will focus on the construction of a misdemeanor governance system. The following *** in.
Politics and Law Channel. Adapt to the changes in the criminal situation in the new eraAdvance the establishment of a misdemeanor governance system
Moderator:We have learned that since the beginning of the new century, major changes have taken place in the structure of crime in our country, showing the phenomenon of "double increase" in the rate of misdemeanor and light punishment and "double decrease" in the rate of serious crime and heavy punishment
Yu JieYes. In practice, we generally consider a crime with a sentence of less than three years imprisonment as a "misdemeanor", the basic characteristics of which are that the case itself has less harm to society, the culpability is lighter, the criminal suspect is more likely to admit guilt and repentance, reintegrate into society more quickly, and social relations are better repaired. Since the beginning of the new century, major changes have taken place in China's criminal structure, and the proportion of misdemeanor cases has exceeded 80 percent. The Changsha City procuratorate actively adapts to the new situation of crime governance, adheres to the people-centered approach, upholds an objective and fair position, thoroughly implements the criminal policy of blending leniency and severity and the system of leniency for those who admit guilt and accepts punishment, pays attention to grasping the standards for the necessity of arrest, prosecution and detention, pays attention to extending from "punishment" to "governance", does a good job of addressing the source of misdemeanors, fully considers the degree of harm and the severity of the circumstances of specific cases, integrates natural principles, national law, and human feelings, and strives to achieve political effects through case handling. Unity of social and legal effects. To achieve "leniency and severity, leniency and severity, leniency and severity".Moderator:In the actual course of handling cases, how can we accurately apply the criminal policy of blending leniency and severity in misdemeanor cases?
Yu JieWhen handling misdemeanor cases, we pay attention to the comprehensive judgment of the criminal suspect's danger to society, personal dangerousness, and criminal punishability, and focus on whether the criminal suspect has circumstances such as admitting guilt and accepting punishment, committing a first-time offense, an occasional offender, returning stolen goods, making restitution, and obtaining forgiveness. On the one hand, the "lenient" policy is applied to ordinary misdemeanor cases in accordance with the law, and this year, the non-arrest rate of criminal cases in Changsha is 476%, and the non-prosecution rate is 275%。On the other hand, it is not a "one-size-fits-all" approach to misdemeanor cases. In cases where although the crime is relatively minor, the circumstances are heinous, the subjective malice is great, the personal danger is great, and the people's sense of security is seriously affected, it is still "severe when it should be punished." Arrest is immediately warranted, and prosecution is warranted. In addition, we also pay attention to the application of the plea leniency system in the management of misdemeanors. Criminal suspects admitting guilt and accepting punishment in misdemeanor cases show their attitude of repentance and may be given a lenient disposition in accordance with law. This year, the application rate of the plea leniency system has reached 91 percent5%, effectively resolving the social contradiction of misdemeanors.
Moderator:The handling of misdemeanor cases we just talked about is "punishment", so how to "govern" misdemeanors.
Yu JieThe management of misdemeanors should not only be achieved through case handling, but should also be extended to the time before the misdemeanor occurs, and strengthen the management of the source of prosecution. This year, the procuratorates at the two levels in Changsha City have carried out more than 200 precise legal popularization campaigns, organized more than 700 public welfare volunteer services, carried out nearly 500 psychological counseling, and raised more than 30 yuan in love funds. We have carried out multi-form and high-coverage prevention and management work for groups prone to misdemeanors and victims. For example, the "fraud-free community" created by the Yuhua District Procuratorate is a model of governance. "Cloud supervision" replaces "human marking" Convenient and efficientModerator:To do a good job in this misdemeanor management article, it is not only necessary to do a good job in prevention and management, but also to do a good job in the "second half of the article", such as the safety supervision of non-custodial personnel in misdemeanor cases, how is our procuratorate implemented?
Yu JieWe promote the use of big data technology supervision methods, and explore and promote the construction and application of non-custodial cloud supervision platforms. The non-custodial cloud supervision platform realizes real-time supervision of non-custodial persons 24 hours a day through functions such as real-time positioning, face recognition, electronic fencing, and violation early warning. Since its launch, the platform has supervised 736 non-custodial persons through the cloud, and none of them have escaped or escaped. At the same time, we are also exploring the pilot of quantitative assessment of social dangerousness, establishing a digital model through massive samples combined with algorithm automation, etc., and assigning and quantifying values according to factors such as the suspect's own situation, the nature of the crime, and the post-crime performance. Those with a high score after quantitative assessment are a great danger to society and the circumstances are heinous, and shall be arrested in accordance with law, and those with a low score may not be arrested in accordance with law. The quantitative assessment of social danger can more intuitively show the standard of "leniency" or "severity", so as to effectively assist procurators in handling misdemeanor cases. Moderator:Through today's interview, we can see the efforts and results of the Changsha Municipal Procuratorate in building a misdemeanor governance system in 2023, so what is our work plan for the next year?Yu JieIn 2024, on the basis of further advancing the implementation of the criminal policy of blending leniency and severity and the system of leniency for those who admit guilt and accept punishment, the Changsha Municipal Procuratorate will take the opportunity of strictly implementing the "Opinions on Handling Criminal Cases of Dangerous Driving while Intoxicated" and other legal provisions to fully perform its legal supervision functions, strictly control the entry of misdemeanor cases, improve the quality and efficiency of case handling, strengthen the connection between criminal and administrative departments, and do a good job in tracing the source of governance, so as to provide Changsha procuratorial plans for the construction of a misdemeanor governance system in the new era.
*丨The first department of the Municipal Hospital, the office (Information Office).
Editor丨Xiaoxiao, Zhengming.
Editor丨Peixian.
Audit丨Bangben.