[Inspection and answer network collection -94] Whether the facts of changing the case belong to the decision to change the prosecution committee

According to the advice of prosecutors of the grassroots level, the answer to the Supreme People's Procuratorate's construction and operation, since its launch in October 2018, has been favored by prosecutors in various places for its content, strong professionalism, and timely authority. As an information sharing platform for providing legal and policy use, business consulting, and questioning services, the answer website has now become a garden and good teacher and good friend of prosecutors to discuss business and improve literacy. The 94th issue of "Answers", so stay tuned.

Change the facts of the case

Whether it belongs to the decision to change the prosecution committee

Consultation category: legal and policy

Consultation content: The procuratorate was requested to discuss whether to file a lawsuit, and the Procuratorate decided to file a lawsuit after discussion. In the execution decision, it was found that the factual evidence of some cases changed in multiple facts, and it was planned to abandon the facts of the facts and filed a lawsuit in accordance with the remaining facts. Is this situation decided to change the prosecutor's decision?

Consultant: Wang Shiliang, Procuratorate of Xishan District, Kunming City, Yunnan Province

Personal opinion: The Procuratorate decided to file a lawsuit after discussion. The new situation caused the facts of the case to change, but it did not change the decision made by the Prosecutor's Council. In this case, in accordance with Article 30 of the "Work Rules of the Procuratorate of the People's Procuratorate", "Prosecutor's Prosecutor or Understanding of the Cases and the Internal Internal Institutions cannot execute the Prosecutor's decision in a timely reason or have a new situation before the execution is completed. The provisions of the prosecutor should be reported in writing immediately, and the prosecutor should be reported in a timely manner.

Answer Expert Zhang Xingrong: According to the regulations, the prosecutor is responsible for the facts and evidence reported by the Prosecutor's discussion on the case of the prosecutor's discussion, and the prosecutor's decision is responsible for it. How to understand the decision of the prosecution committee? Is it a single refer to the items listed in the notice of the decision or the content of the conference spirit (minutes)? There is no case specification for this. As a business decision -making agency, the Procuratorate mainly discusses the legal application of the case. As for the facts of the facts of the facts, the evidence acceptance and other issues shall be responsible for the prosecutor. At the actual operation level, follow the current rules of the Procuratorate, which are reflected in the minutes of the meeting and the notice of decision. In the case of this question, the facts determined during the meeting were changed after the meeting, but the conclusion of the conference review did not change. If the new facts need to be filed for public prosecution, the original decision of the prosecutor's original decision has been changed in essence. Essence In this form, the content that has not changed the decision but essentially determines the content that has been changed. According to the relationship between the content and form, it should be essentially the situation that the prosecutor's decision is changed. In terms of processing methods, we agree that your opinion, that is, in accordance with Article 30 of the Work Rules of the Procuratorate of the People's Procuratorate, the organizer of the original topic (case) reports the written report to the prosecutor (host) in a timely manner in accordance with the procedure.

Source: Procuratorial Daily

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