Prosecutorial investigation
Pioneering and innovating in steady progress
Procuratorial organs are to advance the investigation of crimes abusing public office by judicial personnel.
What is Prosecution and Investigation? To some, the term is still a little unfamiliar. Deputy to the National People's Congress, deputy secretary of the Hegang Municipal Party Committee and mayor of Heilongjiang Province, Wang XingzhuIt has been noted that in the past year, the word procuratorial investigation has been frequently mentioned in important meetings convened by the Supreme People's Procuratorate. After a detailed understanding, Wang Xingzhu commented: "Procuratorial investigation is an important function entrusted to the procuratorial organs by law. Investigating and prosecuting crimes abusing public office by judicial personnel has played an important role in strengthening legal supervision, severely punishing judicial corruption, and safeguarding judicial fairness. ”
In 2023, under the guidance of the rule of law, the party group of the Supreme People's Procuratorate put forward the requirement that "procuratorial investigation should be strengthened, must be accurate, and steadily advanced", and the procuratorial organs across the country will adhere to the principle of "handling every case with high quality and efficiency", take the initiative to take action, and solidly and effectively promote the investigation of crimes related to duty by judicial personnel.
Two flowers
The quantity has increased, and the quality and efficiency have improved
As of November 2023, a total of 1,849 people have been investigated for duty-related crimes committed by judicial personnel across the country, according to the National Conference of Procurators General held on January 14, 2024.
Behind this set of data, it embodies the painstaking efforts of procuratorial organs across the country in the past year to overcome difficulties and obstacles such as imperfect investigation agencies and insufficient personnel strength, and to persist in intensifying and accurately investigating and prosecuting crimes committed by judicial personnel.
Under the requirement of "handling every case with high quality and efficiency", the Supreme People's Procuratorate had the courage to take responsibility and directly accepted and investigated Yang Guangming, the former executive deputy director of the ** Autonomous Region Public Security Department, on suspicion of bending the law for personal gain.
During the period of handling cases, the special case group held several case seminars, communicated and coordinated with the Commission for Discipline Inspection and Supervision on many occasions, so as to achieve a deeper study and judgment, one step ahead of planning, strictly control the quality of cases, ensure the safety of case handling, and set a good example for the national procuratorial and investigation work. Hou Yahui, director of the Fifth Procuratorate of the Supreme People's Procuratorate, said.
In response to the false litigation and the related duty crimes behind it, the Supreme People's Procuratorate handled the Sichuan "9.8" series of arbitrary judgment cases; Guide the procuratorial organs in Liaoning and other places to handle special cases, and dig up dozens ......of "protective umbrellas" involved in organized crime and vice
The reporter learned that in May 2023, in order to effectively do a good job in the investigation and handling of the special case of the adjudicator arbitrarily adjudicating the law in the case of false litigation involving people's livelihood, the Fifth Procuratorate of the Supreme People's Procuratorate jointly did.
III. The Sixth Procuratorate organized the case-handling organs of six provinces, including Liaoning, Anhui, Jiangxi, Shandong, Henan, and Sichuan, in Benxi City, Liaoning Province, to observe the trial of the civil trial of the case of Shi XX, former vice president of a court in Benxi City, which was filed and investigated by the Benxi City Procuratorate.
This is the first case in the '9.8' series of cases to be pronounced. Defendant Shi XX committed the crime of perverting the law in civil cases and was sentenced to three years imprisonment. Li Guanshan, chief procurator of the Benxi City Procuratorate, told reporters that the case-handling team used objective evidence to lift the "veil" of covering up "one-stop" illegal and criminal acts with normal litigation activities, and used meticulous case analysis and evidence to grasp and strive to win the court's approval.
It is reported that up to now, the procuratorial organs of the six provinces have filed and investigated a total of more than 40 judicial personnel, and the courts have made effective judgments on some cases, and other cases are being further handled.
While the intensity of case handling has been increased, the quality and efficiency of case handling have also continued to improve. Hou Yahui told reporters, "The rate of guilty verdicts in cases that are directly accepted for investigation has increased by 5 year-on-year."4 percentage points; The non-prosecution rate has dropped to 9%, which is a continuous decrease compared to 2021 and 2022. ”
Specialization
The procuratorial investigation has its own "team".
By the end of 2023, 17 provincial-level procuratorates across the country have completed the establishment of special investigative agencies; Five provinces have completed 'full coverage' of the investigation agencies of the procuratorates at the municipal level under their jurisdictions. Hou Yahui "showed" the achievements of the current construction of procuratorial and investigative institutions.
What does this mean? This means that the procuratorial organs across the country have implemented the requirements of the Supreme People's Procuratorate Party Group to "make overall plans to strengthen the building of mechanisms, institutions, and special teams, and increase the intensity of punishment for judicial corruption," and it means that the procuratorial organs are gradually resolving the difficult obstacles of "imperfect investigative organs and insufficient personnel."
For November 7, 2023, Chen Yiwei, director of the 11th Procuratorate Department of the Heilongjiang Provincial Procuratorate, has different feelings in his heart - on this day, the establishment of a procuratorial and investigation agency by the Heilongjiang Provincial Procuratorate was approved.
Focusing on the requirements of higher quality performance of the procuratorial cause, the integrated development trend of the 'four major procuratorates', and the professional construction of the procuratorial team, we have set up procuratorial and investigation institutions in the provincial procuratorate and the local (municipal) procuratorate. Chen Yiwei told reporters.
Previously, the Heilongjiang Provincial Procuratorate set up an investigation and case handling team to carry out procuratorial and investigation work. Today, procuratorial and investigative organs are set up independently, and the backbone forces with procuratorial and investigative work experience are assembled ......Chen Yiwei felt that the burden on his shoulders was heavier, and at the same time, his motivation was also more sufficient: "It is necessary to give full play to the advantages of procuratorial and investigative institutions, continue to increase the handling of cross-regional cases and major, difficult and complex cases, and actively, steadily and effectively perform the power of mobile investigation." ”
After the establishment of the procuratorial and investigative organs, what are the obvious changes in the handling of cases by the procuratorial organs? "The advantages of professional case handling in the field of procuratorial investigation are gradually emerging. For example, Hou Yahui said, "In 2023, the number of cases filed by the Chongqing Municipal Procuratorate, which has a special procuratorial and investigative agency, will increase by 104 year-on-year."8%, and the number of cases filed by the Hebei Provincial Procuratorate increased by 159 year-on-year3%, the Henan Provincial Procuratorate increased by 53 year-on-year3%。”
Sprouts
The mobile reconnaissance function went from "sleeping" to fully activated
The Criminal Procedure Law stipulates that when it is necessary for the people's procuratorate to directly accept a case of a major crime committed by a functionary of a state organ under the jurisdiction of a public security organ abusing his authority, the people's procuratorate may file and investigate the case upon the decision of the people's procuratorate at or above the provincial level. This is also known as the mobile investigative function of the prosecuting authority. However, in practice, this function has been "dormant" for a long time, and mobile investigation cases are rarely handled in various localities.
In 2023, in order to "activate" this function, the Supreme People's Procuratorate, on the basis of full investigation, will take targeted measures to guide all localities to further increase the intensity of handling mobile investigation cases.
The Supreme People's Procuratorate has also responded positively to difficulties encountered in handling mobile investigation cases, such as the application of law and the initiation of procedures, by compiling and distributing typical cases.
Not only that, at the end of May 2023, the Supreme People's Procuratorate held a special training course to organize members of the first-level investigation talent pool of procuratorial organs across the country to comprehensively study and understand the relevant requirements of the Supreme People's Procuratorate on handling mobile investigation cases, and to comprehensively improve the ability to investigate and handle cases through actual combat simulation.
After the package, how effective has it been? A set of data learned by the reporter gives the answer: in 2023, the procuratorate will handle a total of 110 mobile investigation cases and 176 people, and the case types involve 26 crimes such as false litigation, extortion, and money laundering.
In the new year, it is hoped that the procuratorial organs will continue to shoulder the procuratorial and investigative duties entrusted to them by the law, safeguard judicial impartiality with more effective supervision, and ensure the uniform and correct implementation of the state's laws. Wang Xingzhu said.
*: Procuratorate** • Important News Edition Reporter: Single Pigeon Drafting: Wang Shuai of Chahuahui Creative Society).