The person in charge of the 10th Procuratorate of the Supreme Procuratorate answered on the 39th batch of guidance cases.

Public hearings

Improve the credibility of criminal appeal to the case

——The person in charge of the Tenth Procuratorate of the Supreme People's Procuratorate answered the reporter asked about the 39th batch of guidance cases

Promoting the public hearing of criminal appeal cases is important for further exerting public hearing during the handling of criminal appeal cases, resolving social contradictions and disputes, and helping procuratorial performance. Recently, the Supreme People's Procuratorate issued the 39th batch of guiding cases with the theme of criminal appeal. Xu Xiangchun, director of the 10th Procuratorate of the Supreme Prosecutor, answered questions from reporters on related issues.

Question: What are the considerations of the top priority to publish guidance cases on the theme of criminal appeal cases?

Answer: Hearing is a way of performing duties by procuratorial organs. It refers to the procuratorate organizing a hearing for qualified cases to listen to the hearing of the hearing and other participants' opinions on the facts of the facts of the facts, the application of the law, and the case handling of the case. Examination methods and activities. On October 20, 2020, the Supreme Procuratorate issued the "Regulations on the Introduction to the People's Procuratorate for Censo Cases" (hereinafter referred to as the "Regulations"), which further strengthened and standardized the procuratorial hearing work. In June 2021, the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorate in the New Era" (hereinafter referred to as the "Opinions") pointed out, "Improve the application of the people's letters and visits systems, introduce hearing and other methods to review and handle difficult cases, and effectively resolve contradictions and disputes." It provides a clear guidance for promoting the public hearing of criminal appeals.

The Supreme Prosecutor's Party Group attaches great importance to public hearing work, emphasizing that public hearing has good results in politics, society, and legal effects. It not only exercises the ability of case handling staff, improves the level, but also reflects justice. It also helps to interest. At the same time, it is at the same time. The most lively and most direct publicity of the rule of law allows more people to understand, understand and support procuratorial work, and should be done further, and request a group of cases with good public hearing effects, promptly announce it, give play to demonstration, lead the leadership , Guidance. In order to implement the spirit of the "Opinions" of the Communist Party of China and the instructions of the Supreme Procuratorate, the Tenth Procuratorate organized a public hearing guidance case for public hearing in criminal appeal cases.

Q: What is the significance of writing a public hearing guidance in criminal appeal cases?

Answer: Procuratorate hearing is the innovation of the people -centered people and promoting "procedural justice" to promote "physical justice". According to the writing plan, first of all, the criminal appeal case held by the Supreme Prosecutor's leader as a guidance alternative case, and then collected some cases of good hearing effects from various places as typical cases of "controlling the actual affairs". After preliminary research, adaptation, and screening 8 alternative guidance cases, they were involved in the Supreme Procuratorate related business departments, Tsinghua University, Chinese Academy of Social Sciences, China University of Political Science and Law, and some provincial procuratorates, and finally determined 4 Personal guidance case. The guidance case of this batches has the following significance:

The first is to summarize and promote the excellent and successful experiences of the public hearing of criminal appeal cases in various places, unify the scope and applicable standards of public hearing of criminal appeal cases, standardize hearing activities, play a leading role in demonstration, and carry out a better criminal appeal in each place in the future. Public hearing provides guidelines.

The second is to further consolidate the results of the public hearing work of criminal appeal cases, objectively show the value and role of procuratorial organs to play a legal supervision function, resolve social contradictions and disputes, promote social governance, and carry out public hearing for normalization and institutionalization of criminal appeal cases. Provide more firm guarantees.

The third is to give full play to the demonstration and leading role of "one case better than a dozen documents", tell the prosecution story around guiding cases, and through the case, restore the truth of the case, let the judicial cases sunny, transparent, and satisfy the people's right to know. Actively respond to social concerns and improve the people's awareness of the rule of law.

Question: In recent years, the highest prosecution has attached great importance to procuratorial hearing. Many criminal cases have been made in public hearing from the process of arrest and prosecution, and many cases that have promoted the case through public hearing have emerged. Why are these four cases of guiding cases of public hearing as criminal appeal cases?

Answer: The four guiding cases announced this time are criminal complaint cases that are handled by relevant leadership cadres and presided over public hearing. The topic is accurate and focused on each perspective. It has certain guidance significance. These four cases involve the four provinces of Fujian, Guangxi, Jiangxi, and Jilin. These provinces attach great importance to public hearing work, have a lot of hearing, and have rich practical experience.

In these four cases, the case one of the criminal appeal of Chen Moumou in Fujian and the case of the criminal appeal of Wu Moumou and Yang Moumou in Guangxi, Guangxi. Disputes and social impacts have a good demonstration and leading role. Case Sanxi, Jiangxi Dong Moumou's criminal appeal public hearing case is a public hearing hosted and chaired by the Deputy Procuratorate of the Jiangxi Provincial Academy. The public hearing has received very good results.

Question: What are the characteristics and guidance of these guidance cases with the theme of criminal appeal cases?

Answer: From the nature of the case, in the four guidance cases, 2 appeals decided by the procuratorial organs, 1 appeal of the court's effective referee, and 1 case of the prosecutor's withdrawal from the prosecutor.

From the perspective of the guiding significance of the case, 4 guiding cases are regulated from different perspectives to regulate public hearing work: Case 1 Fujian Chen Moumou's criminal appeal public hearing case is based on the hearing of the hospital, the cases of difficulty in the case, civil and criminal cross, resolution of contradictions and disputes The perspective of the case; the public hearing case of Wu Moumou and Yang Moumou in the case of the case is based on the preparations before the public hearing, the support of the party committee and the government support and the public hearing to promote the reverse review of the procuratorial organs; The hearing case is based on the perspective of public hearing guidance and reconciliation, implementation of procuratorial advice and social governance; the case Si Jilin Dong Moujuan's criminal appeal is based on the perspective of regulating simple public hearing and psychological counseling intervention in public hearing. Four cases have different guiding significance due to different typical and targetedness.

Question: How can the procuratorial organs use public hearing review cases involving civil fraud and criminal fraud?

Answer: In judicial practice, the boundaries of civil fraud and criminal fraud are blurred, and it is not easy to distinguish the identification. It is the "big difficulty" problem in judicial cases. For criminal appeal cases that are difficult to reconcile, the Attorney General should take the lead in presiding public hearing at the above rate, play a leading role in demonstration. The clear provisions of the Organization Law and Prosecutor's Law of the People's Procuratorate are also an inevitable requirement for the judicial responsibility system.

The "Chen Moumou Criminal Appeal Public Hearing Case" in this guiding case is a criminal appeal case involved in civil fraud and criminal fraud. After the Supreme Prosecutor's acceptance was accepted by law, it was believed that the dispute between equity transfer between private enterprises in this case was caused by the transfer of equity transfer, criminal and civil interweaving, and difficult to review. It belonged to a typical case of suspected economic crimes handled with unclear facts and insufficient evidence. In order to properly handle the case in accordance with the law, the Supreme Procuratorate established a case handling team with the leaders of the hospital as the host of the prosecutor, studied and formulated a work plan, read the entire case of the case, and went to the place of the crime twice to understand the background of the incident, the business status of the company involved in the case involved in the case involved in the case involved in the case involved in the case involved Listen to the appeal of the appeal of the appeal in person to understand the case and the case. Before the public hearing, the case handling team investigated and verified the relevant situation, did a good job of the psychological soothing work of the appellant, and agreed to public hearing review cases. During the public hearing, the procuratorial organs listened to the opinions of all parties around whether the behavior of the non -prosecution constituted the crime of contract fraud. The prosecutor explained the difference between civil fraud and contract fraud in subjective intentional intentional and behavioral purposes, and showed evidence of witness testimony and document evidence one by one. The issues such as the reasons and basis for the prosecutor's decision and the decision to not prosecute the unsuccessful prosecution decision in detail. At the hearing, the appellee made full opinions, and the hearing of the hearing was reasonable. The appellee and the non -prosecutor, the agent lawyer, and relatives clearly stated that they would accept the final handling decision of the highest inspection to promote reconciliation between the two parties with the greatest sincerity.

With the continuous improvement of the people's democracy and the rule of law, more and more contradictions and disputes enter the judicial procuratorial field in the form of cases. The procuratorial organs should listen to the opinions of the parties through the hearing, and use the interpretation method to effectively guide and solve the contradictions. After the hearing, they must perform their duties in accordance with the law, do a good job of losing money, judicial assistance, education assistance, etc. and.

Question: For criminal appeal cases that have not been raised to the parties, are cases that appear inconsistent with the appellant and do not cooperate with the situation?

Answer: The procuratorial organs shall actively perform legal supervision duties in case of criminal appeal. For the judicial organs to change the original treatment decision or long -term cases, and the parties do not tell the parties, they should organize public hearing and promote the end of the case. Carry out reverse review in a timely manner, find the crux of problems, and improve the quality of judicial case handling.

For criminal appeal cases that decide to hold a public hearing, the prosecutor handling the case should fully review the papers before the hearing, fully understand the facts, evidence and focus issues of the case, and investigate and verify the relevant issues. During the public hearing, if the appellant does not trust, does not cooperate, or even dislike, and resistance, it is necessary to actively strive for support and cooperation between local party committees, governments and other departments, form a joint force, and jointly resolve contradictions and disputes. For cases of public hearing, we must carry out reverse review, discover and analyze the problems and flaws of the procuratorial organs and other judicial organs in the process of the original case. , Improve judicial credibility.

(Yan Jingjing Gu Fangqing)

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