Article** Prosecution** December 29, 2023**.
Some community corrections subjects do not understand community corrections work at the beginning and become resistant. Whether we can eliminate resistance and help them return to society with a healthy attitude is also a key link in preventing recidivism
Resistant. How to guide them to return to society from the heart.
On November 30, 2023, procuratorial officers and police officers of the Haidian District Procuratorate of Beijing Municipality and staff of the judicial office conducted a conversation and mentoring session with Xiao Kai (pseudonym), a community corrections subject.
In my eyes, he is still a child, and I educate and expect him as much as my own child. "When it comes to community corrections subject Xiao Kai (pseudonym), Shi Xihong, a prosecutor from the Haidian District Procuratorate in Beijing, is all too familiar. On November 30, 2023, in the psychological counseling room of the Procuratorial Service Center of the Haidian District Procuratorate, Shi Xihong and his colleagues, together with the staff of the judicial office, talked and helped Xiao Kai. On this day, it was just over a week since Xiao Kai received the court's criminal ruling not to revoke the suspended sentence.
Anyway, it's all in Beijing, and it's not all the same in which district?”
In November 2022, Xiao Kai was sentenced to one year and six months in prison, suspended for two years, and fined 20,000 yuan for illegally absorbing public deposits. The probation period runs from December 3, 2022 to December 2, 2024. China's Community Corrections Law stipulates that community corrections shall be carried out in accordance with the law for convicts sentenced to controlled release, suspended sentences, parole, or temporarily serving their sentences outside of prison. The period of community corrections is the same as the probation period, which means that Xiao Kai will face a two-year correctional period.
After receiving the court's verdict, Xiao Kai admitted that at first, he was a little unacceptable to this result, and he didn't know what community correction was, so he was a little resistant.
When he first came to the judicial office to report for duty, his whole state was shaky, he felt that receiving community corrections was no big deal, and his attitude towards the assistant management staff was not respectful enough. Officer Hao, a correctional police officer of the judicial office, said that he had the impression when he first saw Xiao Kai.
Officer Hao told reporters that in the early days of accepting community corrections, Xiao Kai had objections to the place where community corrections were enforced. At that time, his place of execution and residence was in Haidian District, and he often lived in Changping because he had to go to Changping to help his family renovate their house. The law stipulates that the place of enforcement of community corrections is generally the place of residence of community corrections subjects, and if they want to leave the place of enforcement, they must complete the corresponding leave formalities. I explained the relevant laws and regulations to him, and he was very emotional about this, thinking that they were all in Beijing, what was different, and he did not understand such a request. ”
In order to help Xiao Kai better return to society, the staff of the community corrections institution actively helped and educated Xiao Kai, and under the patient and meticulous guidance of the staff, Xiao Kai's attitude has changed significantly after receiving community corrections for 3 months, and he is able to cooperate with supervision and management, complete learning and education and public welfare work. Later, if he had something to do in Changping, he would report it in time and come back immediately in a day or two. I also praised him and encouraged him to do a good job and have a year of correction to keep it up. Officer Hao said with relief.
Just when everything was going in a good direction, an incident changed the path for Xiao Kai to return to law-abiding citizens. In October 2023, Xiao Kai assisted others to purchase two Universal Studios tickets and UberPass (a convenient and fast pass for tourists) through a third-party person, earning a profit of more than 900 yuan from the price difference. After being seized, the public security organs decided to give Xiao Kai an administrative punishment of five days of administrative detention in accordance with the Public Security Administration Punishment Law.
He was moved by a hearing.
Receiving an administrative punishment during the period of community corrections means that a suspended sentence may be revoked and sent to prison for enforcement. Xiao Kai told reporters that since he was administratively punished, he has not slept a peaceful night, and he is worried that his probation sentence will be revoked and he will be imprisoned, and he suffers in self-blame every day.
On October 23, 2023, in accordance with relevant laws and regulations, the community corrections agency made a recommendation to revoke Xiao Kai's probation and sent a copy to the Haidian District Procuratorate. The main legal basis is article 46 of the Measures for the Implementation of the Community Corrections Law, which stipulates five circumstances in which a suspended sentence should be revoked, including "other situations where the circumstances are serious, in violation of relevant laws, administrative regulations, and supervision and management provisions", and the community corrections establishments believe that this provision applies to Xiao Kai's conduct.
Shi Xihong told reporters that there are no specific detailed provisions and explanations in the law on how to determine the "seriousness of the circumstances," and this has always been a difficult point in handling cases of revocation of suspended sentences, as well as a difficulty in procuratorial supervision.
Is Xiao Kai's behavior a "serious circumstance"?In order to fully ascertain the facts, Shi Xihong and his colleagues carried out a substantive review of the revocation of the probation recommendation and the transferred case files, obtained Xiao Kai's administrative punishment file and community corrections file from the police station and the judicial office in accordance with the law, and conducted on-the-spot visits to his community and family.
Mu Lin, the prosecutor handling the case, told reporters that after Xiao Kai was sentenced, he has been unemployed, and he has submitted a lot of resumes and has not found a suitable job. He also has a one-year-old daughter, and the family is under great financial pressure. According to relevant materials, Xiao Kai did not know that this behavior was illegal when he resold tickets, mainly to subsidize his family.
After investigation, it was learned that under the correctional education of the judicial office, Xiao Kai had a good attitude towards admitting guilt, abided by correctional discipline, and actively participated in community activities. Officer Hao told reporters a detail that when Xiao Kai was placed under administrative detention, he asked his mother to immediately call Officer Hao, saying that "if you can't sign in on time, Officer Hao should be in a hurry." After the administrative detention was completed, Xiao Kai immediately made a report to the judicial office and submitted a written examination.
After fully ascertaining the circumstances of the case, on October 31, 2023, the Haidian District Procuratorate organized a public hearing and invited three law professors to participate as hearing officers. The participants mainly focused on whether Xiao Kai's administrative detention for scalping met the "serious circumstances" of revocation of the suspended law sentence.
The one-and-a-half-hour hearing touched Xiao Kai a lot. "I grew up without a father, and I don't want my daughter to grow up without a father," he said. This incident has taught me a profound lesson, and I hope that the judiciary will give me another chance. ”
After learning about the circumstances of the case, Han Hongxing, a professor at North China University of Technology who was the hearing officer, elaborated on the reasons for not revoking the suspended sentence and recommending continued correction. In this case, judging from the scalping behavior, Xiao Kai is not a "scalper", at most he is an accomplice, and continuing community correction is more conducive to his return to society. After discussion, the hearing officers unanimously agreed that the circumstances of Xiao Kai's administrative violations were relatively minor and did not meet the circumstances of "serious circumstances" to revoke the suspended sentence.
The procuratorate issues an opinion that the conditions for revocation of a suspended sentence are not met.
In the procuratorial opinion issued by the Haidian District Procuratorate, the reasons for the case not meeting the conditions for revocation of the suspended sentence were listed in detail: first, the circumstances of Xiao Kai's administrative violations were relatively minor and the subjective malice was relatively small;Second, Xiao Kai has a good attitude after breaking the administrative law, and he does have a sense of repentance;Third, Xiao Kai obeyed supervision and education, and did not receive community corrections punishments such as reprimands and warnings during the community corrections period. Shi Xihong said that the understanding of "serious circumstances" should be comprehensively considered in combination with the facts of the case. Xiao Kai was not engaged in ticket reselling, and he subjectively lacked a correct understanding of the nature and legal consequences of the act when he carried out the act, and the number of reselling tickets was small, the amount was not large, and no serious losses were caused, so the circumstances of the administrative violation were relatively minor, and the circumstances of the "serious circumstances" provided by the relevant laws and regulations did not meet the conditions for revocation of the suspended sentence. Not revoking his suspended sentence is more conducive to promoting his early reintegration into society and his family.
The procuratorate fully explained the law and reasoning in the procuratorial opinion, which was adopted by the court. On November 21, 2023, the Haidian District Court issued a criminal ruling not to revoke Xiao Kai's probation.
The criminal verdict is only three pages, but for Xiao Kai, it is heavy. There is still one year left before the expiration of Xiao Kai's correction period, and in order to help him successfully pass the remaining correction period, on November 30, 2023, Shi Xihong, his colleagues and the staff of the judicial office jointly conducted a conversation with Xiao Kai.
I will cherish this opportunity, report any uncertainties in a timely manner, and will definitely live up to your education to ensure that the correction period is successfully passed and returned to society as soon as possible. At the scene, Xiao Kai said.
During the interview, the reporter learned that different regions have different standards for grasping the application of the catch-all clause in Article 46 of the Implementation Measures of the Community Corrections Law. Wen Yonghua, head of the No. 4 case-handling group of the Fifth Procuratorate Department of the Hunan Provincial Procuratorate, said that the provincial procuratorate is relatively cautious in applying the catch-all clause when guiding local procuratorial organs in handling cases. For example, if a community corrections subject is punished by the public security administration for taking drugs during the period of community corrections, it is very likely that he will commit another criminal act such as theft, robbery, or fraud in order to raise drug funds, and this provision will generally apply to the situation where the harm to society is relatively great. "In the end, it is necessary to make a comprehensive judgment based on the facts, evidence and circumstances of the specific case. Wen Yonghua added.
The purpose of community corrections is to enable community corrections subjects to reform themselves and better reintegrate into society through receiving corrections. How to prevent community corrections subjects from breaking the law and committing crimes again?The Haidian District Procuratorate has carried out a series of explorations. The procuratorate has set up community corrections procurator classrooms in community corrections "halfway houses", assisting in carrying out educational activities for community corrections subjects through courses such as warning education, rule of law education, and special education, to help community corrections subjects improve their concept of the rule of law. Explore and carry out a new model of "categorical management + categorical inspection" with community corrections establishments, such as cooperating with Haidian District Community Corrections Establishments, the District Lawyers Association's Women Lawyers Working Committee, the District Maternal and Child Health Hospital, and other units to establish women's community corrections workstations, combining the characteristics of female community corrections subjects, to carry out individualized education and corrections, and help them smoothly return to society.
Not long ago, Xiao Kai completed the interview for the tour guide qualification certificate. "I hope to find a job that matches my abilities and take on the responsibilities of my family. Xiao Kai said.
Links to legal provisions. Community Corrections Law of the People's Republic of China
Article 2, paragraph 1, is to carry out community corrections in accordance with law for convicts sentenced to controlled release, suspended sentences, parole, or temporarily serving their sentence outside of prison.
Measures for the Implementation of the Community Corrections Law of the People's Republic of China
Article 46: In any of the following circumstances during the probationary period of a suspended sentence, the community corrections establishment at the same level as the place of enforcement is to submit a recommendation to revoke the suspended sentence:
1) Violation of the injunction, where the circumstances are serious;
2) Failing to report for duty at the prescribed time without a legitimate reason, or leaving supervision during the period of receiving community corrections, for more than one month;
3) Those who have received public security administrative punishments for violating supervision and management provisions, but still do not make corrections;
4) Received two warnings from the community corrections establishment, but still do not make corrections;
5) Other violations of relevant laws, administrative regulations, and oversight and management provisions, where the circumstances are serious.
Community corrections establishments generally submit a recommendation to the original people's court to revoke a suspended sentence. If the original people's court and the community corrections establishment at the same level as the place of enforcement are not in the same province, autonomous region, or directly governed municipality, they may make a recommendation to the people's court for the place of enforcement, and where the people's court for the place of enforcement makes a ruling, a copy of the ruling is to be sent to the original people's court at the same time.
A copy of the community corrections establishment's recommendation to revoke a suspended sentence and the people's court's ruling is to be sent to the people's procuratorate at the same level as the place where the community corrections is being enforced.