We should play a combination punch that attaches equal importance to crime punishment and governan

Mondo Finance Updated on 2024-01-31

In recent years, the proportion of misdemeanor cases has increased significantly, and it has become the main target of crime governance in the new era. The Xinwu District Procuratorate of Wuxi City, Jiangsu Province, together with the district's public security bureau, courts, judicial bureaus and other units, has built an intelligent "one-stop" misdemeanor governance center, and promoted the organic combination of "crime" and "governance" with high-quality and efficient performance of duties through the implementation of complicated and simple diversion, exploration of multiple dispute resolution, and strengthening traceability governance.

Separation of complicated and simple streams. Press the "shortcut key" for the crime

From blood drawing to laboratory tests, to the lawyer's witness signing of the plea affidavit, and then to **, it took only 5 days, which not only improved judicial efficiency, but also reduced the defendant's litigation burden. On November 1, 2023, at the "Protecting Lawyers' Practice Rights" procuratorial open day held by the Xinwu District Procuratorate, lawyer representatives were full of praise for the court's misdemeanor governance mechanism.

In April 2023, the Xinwu District Procuratorate, together with the district courts, public security bureaus, judicial bureaus and other units, issued the "Implementation Opinions on Strengthening the Governance of Misdemeanors and Promoting the Modernization of Social Governance in the "Good Governance of Xinwu" City", relying on the Office of Investigation Supervision and Coordination to build an intelligent "one-stop" misdemeanor governance center with crime prevention as the core and crime hierarchical governance as the means"One-stop" intervention, acceptance, prosecution, and trial.

In response to problems such as the identification standards, the review of evidence in similar cases, and the lack of clear provisions on the sentencing range in the handling of similar misdemeanor cases, the Xinwu District Procuratorate, together with the district's public security bureau and court, formulated 13 documents to improve mechanisms and measures such as the separation of complicated and simple cases and the recovery of illegal gains, unifying the standards for handling misdemeanor cases, stipulating that special personnel are responsible for the separation of complicated and simple cases, and realizing the quick handling of simple cases and the precise handling of complex cases through simplified procedures, so as to form a 30% force to handle 70% of misdemeanor cases and 70% to handle 30% of misdemeanor cases The new pattern of criminal prosecution of major, difficult, and complex cases has comprehensively improved the quality and efficiency of handling misdemeanor cases.

According to reports, since 2023, the application rate of expedited procedures for public prosecution cases in the court has been 5296%, effectively opening up the last mile of "quick handling of simple cases".

Resolve conflicts substantively.

Repair social relationships in a pluralistic way.

In June 2022, while having dinner with his co-workers, Chen, a decoration worker, was beaten up due to drunken playfulness, resulting in a fracture of Fu's right eye socket. After evaluation, Fu's injuries constituted minor injuries of the first degree. Afterwards, Chen was willing to compensate Fu, but the two parties could not reach an agreement on the amount, and the criminal settlement could not be reached.

After the case was transferred to the Xinwu District Procuratorate, the procurator entrusted the gold medal mediator of the "one-stop" misdemeanor management center to organize mediation between the two parties. Fu put forward his own difficulties, saying that after the injury to his right eye, he could only suspend work, and the family had no life**. Chen said that the money he had on hand was only enough to compensate for medical expenses, and he could not afford other expenses.

After consideration, the prosecutor and mediator proposed to let Chen continue to do the renovation work instead of Fu, and hand over the labor remuneration to Fu as a compensation plan, on the one hand, the daily life of Fu's family was guaranteed, and on the other hand, Chen could also pay compensation in installments through labor income.

This proposal was approved by both parties, and under the witness of the mediator, Fu signed a letter of understanding. In May 2023, Chen was sentenced by the court to one year in prison, suspended for one year and six months.

The procuratorate, together with the District Public Security Bureau, the court, and the Bureau of Justice, has formulated supporting systems for the whole process of criminal reconciliation and the deposit of compensation and guarantees, and selected two gold medal mediators from the Bureau of Justice to participate in criminal reconciliation and public hearings, so as to resolve the contradictions substantively to the end.

At the same time, the court actively practices the "Fengqiao experience" in the new era, strives to resolve conflicts and disputes at the "doorstep" of the people, assigns experienced prosecutors to settle in streets and communities, invites people's mediators and community and village committee staff to participate in the resolution of conflicts in minor injury cases, facilitates the settlement of misdemeanor cases, and helps the persons involved in crimes to smoothly return to society.

Digital prosecutorial empowerment.

Improve the quality and efficiency of misdemeanor governance.

According to the misdemeanor heat map, there are many drunk drivers in the region, and the brigade arranges personnel to carry out centralized law popularization lectures to effectively prevent drunk driving cases and further improve road traffic safety. Zhang Dong, captain of the Wangzhuang Squadron of the Traffic Police Brigade of the Xinwu Branch of the Wuxi Municipal Public Security Bureau, introduced.

The misdemeanor heat map is a visual crime dynamic heat map developed on dangerous driving, theft and other crimes based on the intelligent extraction of litigation documents from the digital platform. Taking the crime of dangerous driving as a trial operation sample, the platform can extract elements such as the subject of the crime, the frequent area, the driving route, and the driving time, and delineate the visual "red hot area". In areas where drunk driving is common, the procuratorate may recommend that the public security organs strengthen road supervision and carry out education on dissuasion and popularization of the law on drunk drivingIn view of the characteristics of the main body of the crime, it is possible to carry out targeted efforts to send the law into enterprises, driving schools, and communities;For the roads involved, it is recommended to set up safety slogans and reminder signs to promote multi-dimensional comprehensive management and improve the accuracy, timeliness and effectiveness of crime prevention.

In addition, the Xinwu District Procuratorate has also developed an online platform for data supervision, developed a "non-custodial code" digital supervision model, and carried out intelligent management of non-custodial personsEstablish an investigation and procuratorial data sharing platform to collect and query various data resources in real timeConnect the administrative law enforcement data of more than 20 units such as market supervision and management, ecology and environment, etc., and make a connection between criminal and criminal punishments. (Lu Zhijian, Hao Hongmei, Zhang Wenbi).

*:Procuratorial**.

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