To solve the "French knot" and "heart knot", Lan County's procuratorial "small case" does not "small office"
Author:Huanghe News Network Luliang C Time:2022.09.03
"Although the case of arrest is tight, we still have to try to do the work in the two parties involved. This is a small case for the case handler, but for the parties, this is a big deal ..." Secretary and Attorney General Wang Yiping often requires case handling staff like this.
Since the beginning of this year, the Lan County People's Procuratorate has fully implemented the criminal judicial policy of “less caught and caught priner”. When dealing with “small cases” in criminal law such as traffic accidents, dangerous driving, intentional injuries (minor injuries), abandoned The inertia thinking such as "enough sin to catch" always adheres to the "as I am linked" for the people's feelings. At the same time, the "heart knot" of the parties is opened, and the "small case" of the "small incision" as the "small incision" as the "small incision" as the "small incision" as the "big actions" of the "small case" of the people's vital interests of the people. From January to August, the non -arrest rate from the censorship arrest reached 35%, an increase of 11%over the same period last year.
Typical Case
Case number one
In March 2022, Zhang San, a village in a village in Lan County, had argued with Li Si due to trivial matters. Zhang Sanshun picked up the bench and smashed Li Si, causing Li Si to form a minor injury level.
Case 2
In February 2022, a villager in a village in Lan County had a dispute between a certain and a beef because of the cattle. The younger brother, who was rushing to the scene, kicked a few feet to a certain B lying on the ground out of the ground out of the ground.
Case II
"I was anxious to pull the goods. I didn't pay attention to the situation of the car. I didn't expect such a big thing." In June 2022, the situation of a village king of a village in Lan County did not check the situation when the car was reversed when the car was reversed. The neighbor Zhao Liu was crushed and crushed, resulting in Zhao Liu's death. After determining that Wang Wu was responsible for the entire accident.
"Jie the method" with affection
In response to the relationship between the three cases in the same village, the relationship between the relationship between the two parties is acceptable. Now it is only due to the case that the two parties are not trusting each other. The lack of effective communication bridges. Eliminate the contradictions between the parties.
The first is to build a platform to give full play to the role of lawyers on duty. By calculating the bottom line of compensation for the two parties, explaining the interest relationship, the wrong ideas such as the victim's asking price, the suspect's misunderstanding, etc., the two parties were pulled back to the right track of the negotiations. For example, in the third case, the lawyer on duty initially calculated the amount of personal damage compensation, "reducing the cooling" to the family members of the victims, and "put pressure on the pressure" to the suspect's family members. In the end, the two sides reached a consistent amount of compensation.
The second is to move the justice. Through the common interpretation of the intermediate people, from the "case" to the "village head", the contradictions are resolved. In the process of handling the three cases, the case handler talked with the criminal suspect, the victim and the children of both parties, discussed the solution with the staff of the police station and the village committee, and held a on -site mediation meeting. Driving and interpretation of the law, telling the law and reasoning.
The third is to work together to effectively enhance the sense of judicial gain of the masses. For example, in the case 1, considering that the victims have less compensation, and the second surgery is required, the prosecutor will transfer relevant clues to the Lanxian People's Procuratorate to accuse the appeal department to apply for judicial assistance for the victims to maximize the judicial goodwill.
Through efforts, the demands of the victims and their families in the above three cases were resolved. The parties to the two parties signed on the mediation agreement and formed a criminal reconciliation case. The suspect was also taken to take non -detention measures, and the relationship between the two parties was repaired.
Can move the duty "to turn the heart knot"
This is the three recently accepted by the Lan County People's Procuratorate to approve the typical cases of arrest. Although the public security organs have done a lot of mediation during the investigation stage, because the parties to the case have a large gap in the civil part of the civil parts, they fail to reach a mediation. The case is requested to be requested Approval of arrest.
Because the contradictions between the two parties have not been resolved, the procuratorial organs can be arrested before mediation. In this way of "promoting compensation", the family members of the suspects will have a certain pressure. It is easier to mediate for him during the investigation and review and prosecution stage. However, after the arrest was approved, the suspect lost his freedom, and the victim may delay the treatment because he did not get compensation in time, affecting the physical and mental recovery, and the relationship between the two parties would be further rigid.
Obviously this is not the best way to deal with it, and it runs counter to the criminal judicial policy of "less caught". Even if the mediation was reached in the later period, the "puppet" in the hearts of the two parties involved did not solve it, and it may even exacerbate contradictions to form world hatred, becoming unstable factors in rural governance. How to deal with such cases has become a problem in front of the prosecutor of the case.
Benevolence as early as the beginning of the heart
In the future judicial handling case, the Lan County People's Procuratorate will always hold up the original intention of the people's supremacy. Adhere to "small cases not underestimated, small cases are not small", and effectively give full play to their procuratorial functions, to punish crimes and guarantee human rights, so that judicialness has both strength and temperature, and continuously improves the people's sense of gain, happiness, safety, safety, safety, safety, safety Feelings, truly achieve political effects, social effects, and legal effects.
Source 丨 Lan County People's Procuratorate, Shanxi Province
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