Original title: Yao Yuanlai (citation).
Face new problems and delve into "experts" (topics).
Procuratorate reporter Wang Yuxuan.
Yao Yuanlai is currently the chief prosecutor of the Yanji City Procuratorate in Jilin Province. He has been selected into the national procuratorial talent pool for job-related crimes and the national procuratorial talent pool for economic crimes, and has been awarded one first-class merit and three third-class merits, and has successively won the titles of "National Investigation and Supervision Expert", "Advanced Worker in Jilin Province's Political and Legal System", and "Jilin Provincial Procuratorial Expert". In December 2023, he was awarded the honor of "National Model Prosecutor".
Motto: Dare to meet new challenges, in order to take on a heavier burden.
Just after the New Year, Yao Yuanlai, who had worked in the Yanbian Korean Autonomous Prefecture Procuratorate in Jilin Province for 19 years, received a new appointment - as the chief prosecutor of the Yanji City Procuratorate. "Bidding farewell to the old unit and ushering in a new task is both nervous and exciting. When interviewed by reporters, Yao Yuanlai was busy getting acquainted with the work of the new unit, "The burden on my body has become heavy again, but it is my usual style to meet new challenges." ”
In the eyes of his younger colleagues, he is a master planner.
In October 2010, Yao Yuanlai took over a case involving 43 people in his fifth year of work. "At that time, I didn't have much contact with gang-related cases, and looking at the one-meter-high files piled up in the office, and I was the host, the pressure was really great, but the time limit for review and prosecution was there, and it was very important to allocate the time for reading the file, arraignment, prosecution and other work in advance. ”
Because the people involved in the case were detained in seven detention centers, in order to gain time, Yao Yuanlai and his colleagues would draw up an interrogation outline in advance and interrogate the suspects in a targeted manner. "Brother Yao pointed to the key points when he was arraigned, leaving almost no room for the suspect to defend himself, which bought us a lot of time. A colleague who worked with Yao Yuanlai on the case recalled.
At the same time, Yao Yuanlai proposed that the 43 criminal suspects be dealt with in a hierarchical and classified manner. In this regard, the Yanbian Korean Autonomous Prefecture Procuratorate prosecuted Xie and others in accordance with the law for the fact that the facts of the violation were clear and the evidence was credible and sufficient; Where there are doubts about the facts and evidence and where the circumstances of the crime are minor, a decision not to prosecute is to be made in accordance with law.
While reviewing and prosecuting in accordance with the law, Yao Yuanlai also handled the case as a "model case". "At that time, after reading the case file, I found that most of the interrogation records transferred by the public security organs were in French, and most of these criminal suspects were released from prison, so they should not be able to speak such professional legal language. Yao Yuanlai found the police who undertook it, and after communication, it was found that the public security organs did not make standardized records, so he suggested that the public security organs strengthen the standardization, authenticity, and objectivity of the production of interrogation records. "We expressed our approval at the time, and this case also played an exemplary role in our later handling of the case and strengthened the standardization of our investigative activities. The police of the Criminal Investigation Detachment of the Yanbian Korean Autonomous Prefecture Public Security Bureau said.
After the trial, he gave himself "confinement".
The review and prosecution was only a challenge for Yao Yuanlai in terms of time and experience, and the seven-day trial was a double test of Yao Yuanlai's physical and mental strength.
* Previously, Yao Yuanlai did a lot of pre-trial preparations, sorted out the corresponding charts and charts of the key evidence, personnel relationships, criminal circumstances and other contents in the case, and rehearsed the possible situations in the trial with his colleagues, and fully prepared the plan. However, when Yao Yuanlai faced 16 defenders, a new situation emerged.
One defendant claimed that he was not involved in one of the crimes and did not know the other defendant in the same case, and the defense counsel also submitted a new defense opinion on this basis. Yao Yuanlai was deeply impressed by the scene at that time, "I immediately remembered that another crime that had been proven was jointly committed by these two defendants, so I expressed my cross-examination opinions in court, and the defendant could only truthfully confess the crime." ”
In the face of the parties' arguments, the reason why Yao Yuanlai was able to respond so calmly was because there was corresponding evidence to support him in the plan. After the trial every day, Yao Yuanlai would lock himself in the house, review the trial process of the day, and adjust the plan for the next day according to the new situation of the trial.
In the end, under the solid work of Yao Yuanlai's full preparation before trial, strong cross-examination of evidence during the trial, and adjustment of the plan after the trial, the defendants all pleaded guilty and accepted the law, and the court ruled to confirm all the facts and charges charged by the procuratorate.
Sharpen yourself in new types of cases.
2019 is the year of advancing the reform of the internal organs of the procuratorial organs. This year, Yao Yuanlai was transferred from the original investigation and supervision department to the office and economic crime prosecution department, and successively handled and guided hundreds of new types of bribery, economic and cybercrime cases.
When the reporter asked about his experience in handling new types of cases, Yao Yuan said the word "study".
The law is lagging behind, but new problems are emerging one after another, so our judicial workers must constantly improve their professional ability and theoretical level. Yao Yuanlai gave an example to reporters: "Broken card" operation has just been launched, there have been a number of local credit card crime cases, the public security organs transferred at that time most of the cases were convicted of the crime of illegally providing credit card information, Yao Yuanlai after consulting the file that these cases should be found to be the crime of aiding information network criminal activities, so he filed a public prosecution with the court on this charge, but the judge believed that the crime of illegally providing credit card information should be convicted.
At that time, I analyzed the possible confusion between the two crimes, asked experts and scholars to jointly study the original legislative intent of the two crimes, and conducted in-depth communication and reasoning with the judge, and finally the judge supported my opinion. Later, this opinion was also recognized by the relevant departments of the 'two supreme courts and one department'. Yao Yuan said that what excites him about this incident is not only that it accurately characterizes several cases, but also promotes the local public procuratorate and law to unify the standards for the application of law in handling such cases.
Time is silent, and the pace does not stop. Today, Yao Yuanlai, who has become a "national model prosecutor", still can't forget the feeling of putting on a procuratorial uniform for the first time, "The procuratorial uniform is strengthened, the responsibility is on the body, and the belief and mission are hidden in the bits and pieces of work, which is the infinite justice of a people's procurator." ”
*:Procuratorial**.