The Supreme People's Procuratorate's Opinions on Effectively Performing Procuratorial Functions
Some opinions on preventing and correcting unjust, false and wrong cases
In order to conscientiously implement the "Provisions on Effectively Preventing Misjudged Cases" (No.27 of the Central Political Commissar [2065438+03]), improve the level of legal supervision, ensure the quality of handling cases by procuratorial organs, and resolutely prevent and correct unjust, false and misjudged cases, combined with the actual handling of cases by procuratorial organs, the following opinions are put forward.
First, fully understand the important responsibilities of procuratorial organs in preventing and correcting unjust, false and misjudged cases?
1. The people's procuratorate, as the legal supervision organ of the country, should accurately and timely ascertain the facts of the crime, investigate the crime, and ensure that innocent people are not subject to criminal investigation. Procuratorial organs at all levels should further enhance their sense of responsibility and mission, regard the prevention of unjust, false and wrong cases as the bottom line that procuratorial work must firmly hold and cannot break through, handle each case well with a highly responsible attitude, strictly control the facts, evidence, procedure and application of the law, and strive to be fair, upright and leak-free.
2. Procurators should firmly establish the socialist concept of the rule of law, always adhere to the facts as the basis and the law as the criterion, always adhere to the law, strictly enforce the law, and prosecute those who violate the law; Always pay equal attention to punishing crimes and protecting human rights, paying equal attention to substantive justice and procedural justice, paying equal attention to mutual cooperation and restriction according to law, and insisting on exercising procuratorial power independently and impartially according to law; Actively adapt to the new requirements of the revised Criminal Procedure Law, enhance human rights awareness, procedural awareness, evidence awareness, limitation awareness and supervision awareness, always bear in mind the responsibilities of legal supervision organs, and supervise according to law, standardize supervision, dare to supervise and be good at supervision.
Two, strictly regulate the handling procedures of duty crime cases.
3. The people's procuratorate shall comprehensively and objectively collect and obtain the evidence of the criminal suspect's guilt or innocence when handling cases directly accepted for investigation, and conduct examination and verification according to law. It is strictly forbidden to extort confessions by torture and collect evidence by threats, seduction, deception or other illegal methods, and it is not allowed to force anyone to prove his guilt.
4. Strictly abide by legal procedures. No evasion of jurisdiction, abuse of coercive measures and investigation measures, and no illegal extension of the time limit for handling cases shall be allowed. Interrogation of a criminal suspect shall be conducted in a prescribed place, and the suspect shall be guaranteed food and necessary rest time, and recorded.
5. Protect the criminal suspect's right to defense in the investigation stage according to law. When the investigation department of the procuratorial organ begins to interrogate a criminal suspect or take compulsory measures against him for the first time, it shall inform the criminal suspect that he has the right to entrust a defender. In the process of case investigation, if the criminal suspect entrusts a defense lawyer, the procuratorial organ shall inform the defense lawyer of the suspected crime and the relevant situation of the case according to law. For particularly serious bribery cases, the right of defense lawyers to meet should be guaranteed according to law, and a decision on whether to allow the meeting should be made in time; After the situation that hinders the investigation disappears, notify the defense lawyer and meet the criminal suspect without permission; Before the end of the investigation, the defense lawyer shall be allowed to meet the criminal suspect. Prosecutors can take the initiative to listen to the opinions of defense lawyers; If the defense lawyer requests to put forward opinions in person, the procurator shall listen to the opinions and make a record.
6. Strictly implement the whole process of synchronous audio and video recording system. Every time a criminal suspect is interrogated, the whole interrogation process should be recorded and recorded, and noted in the interrogation record. Those who fail to strictly implement the relevant regulations or resort to deceit in the implementation, resulting in adverse consequences, shall be held accountable for the main responsible personnel in accordance with the relevant regulations. When the investigation department transfers it for examination, arrest and prosecution, it shall transfer the audio and video recordings of interrogation together with the case files and evidence materials for examination.
7. Standardize the application of residential surveillance in designated residences. Strictly set the conditions for applying the designated residence for residential surveillance in accordance with the law, strictly abide by the examination and approval procedures, and shall not expand the scope of application of the designated residence for residential surveillance without authorization, and strengthen supervision over the legality of the decision and implementation activities of the designated residence for residential surveillance.
Third, strictly control the review, arrest and prosecution.
8. Correctly grasp the standards for reviewing arrests and reviewing prosecutions. Strictly grasp the standards of arrest and prosecution prescribed by law, not only to prevent artificially raising the standards from affecting the crackdown, but also to adhere to the statutory standards. Anyone who does not meet the statutory conditions for arrest and prosecution shall not be arrested or prosecuted according to law.
9. During the review of arrest and prosecution, we should focus on the following cases: (1) intentional homicide, intentional injury causing serious injury or violent crimes such as death, rape and kidnapping; (2) Robbery, theft and other crimes that infringe on property rights and crimes that endanger public security such as explosion and arson can be punished with fixed-term imprisonment of not less than 10 years, life imprisonment or death; (3) A case in which the criminal suspect and the defender clearly put forward that the handling procedure was seriously illegal and did not plead guilty; (4) The criminal suspect accused the case of extorting a confession by torture; (5) Cases of long-term detention and long-term indecision; (6) Cases in which the criminal suspect refuses to plead guilty or has repeatedly confessed; (seven) cases with unclear facts and insufficient evidence; (eight) the main evidence of the case is in doubt; (nine) cases in which the undertaker disagrees with the department or relevant departments; (10) Other major and complicated criminal cases.
10. Pay attention to the comprehensive review and application of evidence. Attention should be paid to the objectivity and authenticity of evidence, especially the legitimacy of evidence. In the process of examining arrest and prosecution, we should carefully examine whether the investigation organ has handed over all the evidence to prove the suspect's guilt or innocence and the severity of the crime. If the defender believes that the evidence materials collected by the investigation organ to prove the suspect's innocence or light crime have not been submitted, he shall apply to the people's procuratorate for obtaining it from the investigation organ. If it is considered that the evidence applied by the defender has been collected and related to the facts of the case, it shall be collected. If only the criminal suspect confesses and there is no other evidence, the criminal suspect shall not be found guilty. For major cases such as homicide cases, it is necessary to strengthen physical evidence inspection and criminal scientific and technological appraisal. In cases that may be sentenced to death, we must adhere to the strictest standards of evidence to ensure that the facts of conviction and sentencing are proved by evidence and verified. There are no inevitable contradictions and unexplained doubts between evidence and evidence, and the evidence in the whole case has formed a complete proof system. When a public prosecution is initiated, all the evidence materials for filing a case shall be handed over.
1 1. Interrogate the suspect according to law. When handling the case of examination, arrest and prosecution, the criminal suspect shall be interrogated according to law, and the confession and excuse of the criminal suspect shall be carefully listened to. The defense of innocent misdemeanor should be carefully investigated and verified, and the reasons for repeated confession should be investigated. When necessary, the interrogation of criminal suspects shall be recorded and videotaped. When interrogating a criminal suspect for the first time in the process of examination, arrest and prosecution, it should be questioned whether his confession is true and recorded in the record. For criminal suspects in custody, we should check the corresponding relationship between the time of arraignment, interrogators and interrogation transcripts in combination with the records of the evidence of arraignment.
12. During the examination of arrest and prosecution, we should attach great importance to and listen carefully to the opinions of defense lawyers. If a criminal suspect entrusts a defense lawyer, he shall listen carefully to the opinions of the defense lawyer in accordance with the law; If a defense lawyer puts forward a written opinion, it shall attach a volume. If a defense lawyer puts forward written opinions that do not constitute a crime, are not socially dangerous, are not suitable for detention, or commit crimes in investigation activities, the case-handling personnel must review them, state the opinions put forward by the lawyer in relevant legal documents and explain the circumstances and reasons for their adoption.
13. Exclude illegal evidence according to law. The confessions of criminal suspects collected by illegal methods such as extorting confessions by torture, witness testimony and victim statements collected by illegal methods such as violence and threats shall be excluded according to law and shall not be used as the basis for approving arrest or deciding to arrest or prosecute. If the collection of material evidence and documentary evidence does not conform to legal procedures, which may seriously affect judicial justice, it shall promptly request the investigation organ to correct it or make a written explanation; If it cannot be corrected or a reasonable explanation cannot be made, the evidence shall be excluded. After the illegal evidence is excluded according to law, if other evidence cannot prove that the criminal suspect has committed a criminal act, it shall not be approved or decided to arrest. If it has been transferred for examination and prosecution, it may return the case to the investigation organ for supplementary investigation or make a decision not to prosecute.
14. Investigate and verify materials or clues obtained illegally in time. If the parties and their defenders or agents ad litem report, accuse or report that investigators use illegal methods such as extorting confessions by torture to collect evidence and provide materials or clues such as the person, time, place, method and content suspected of illegally obtaining evidence, the people's procuratorate shall accept it and review it in time. If the legality of evidence collection cannot be proved according to the existing materials, it shall be investigated and verified in time.
15. Do a good job in reviewing the original audio and video recordings of interrogation. If the audio and video recordings of interrogating criminal suspects transferred by the investigation organ with the case or transferred by the people's procuratorate think that there may be illegal evidence collection, the relevant audio and video recordings shall be reviewed; For major, difficult and complicated cases, all audio and video recordings can be consulted when necessary. After examination, it was found that there were illegal acts in the interrogation process, and the audio and video contents were inconsistent with the interrogation record. And ask the investigation organ to correct, correct or make a written explanation; If it is found that there is a substantial difference between the interrogation record and the audio and video recording of the interrogation of the criminal suspect, or the investigation organ cannot make corrections or make reasonable explanations, the interrogation record cannot be used as the basis for approving, deciding to arrest or bringing a public prosecution.
16. In the following five cases, if the conditions for arrest or prosecution are not met, the arrest or prosecution shall not be approved: (1) The key evidence of the case is missing; (2) The criminal suspect refuses to plead guilty or retract his confession, and other evidence such as physical evidence, documentary evidence, inquest, inspection record and expert opinion cannot prove the crime; (3) Only the confession of the criminal suspect is supported by no other evidence; (4) There are key contradictions between the criminal suspect's confession and the victim's statement, witness testimony, physical evidence, documentary evidence and other evidence, which cannot be ruled out; (5) Illegal circumstances such as extorting confessions by torture and obtaining evidence by violence are not excluded.
17. Correctly treat the influence of public opinion on handling cases and the demands of the parties. For major sensitive cases and cases where the parties have acted excessively, it is necessary to strengthen the risk assessment and early warning of handling cases, not only to fully respect the supervision of public opinion and fully consider the demands of the parties, but also to adhere to the rule of law thinking and the rule of law to deal with problems, resist and eliminate all kinds of interference, and make decisions independently and impartially according to law.
Four, resolutely correct the outstanding problems in criminal law enforcement and judicial activities.
18. further improve the monitoring mechanism of investigation and tracking after filing a case, and strengthen the supervision of the public security organs in handling criminal cases. For major and complicated cases, such as homicide cases, sudden malignant cases, controversial and difficult cases and cases with great social influence, it is necessary to consult with the investigation organs, send personnel to intervene in time, put forward opinions on evidence collection and legal application by intervening in on-site investigation and participating in case discussion, and guide investigators to comprehensively collect, fix and improve evidence according to law to prevent concealment and forgery of evidence. If a major case, such as a murder case, is submitted to extend the detention period, the criminal suspect shall be interrogated and the lawyer's opinion shall be listened to. Various functional departments, such as investigation and supervision, public prosecution, dereliction of duty and infringement prosecution, procuratorial supervision, etc., should work together to intensify the investigation and punishment of illegal acts such as extorting confessions by torture, obtaining evidence by violence, concealing and forging evidence, and put forward opinions in a timely manner by orally proposing corrective opinions and issuing a notice to correct violations according to the situation; Suspected of a crime, promptly put on record for investigation; Inform the investigation organ of the universality and tendentiousness existing in the investigation link in time, and put forward procuratorial suggestions when necessary.
19. Strengthen the supervision of interrogation outside the hospital. Do a good job in supervising interrogation activities before detention and arrest; If it is found that the criminal suspect has not been sent to the detention center according to law, it shall find out the reasons, the place of detention outside prison and the interrogation situation; Focus on supervising the detention center to fill in the physical examination records of criminal suspects truthfully, in detail and accurately, and suggest recording or photographing the physical condition of criminal suspects when necessary; If the investigation organ transfers the criminal suspect out of the detention center on the grounds of taking stolen goods, it shall timely know the time, place, reasons, examination and approval procedures and whether there is any interrogation, and do a good job in procuratorial supervision of the physical examination records while in custody pending trial.
20. Strengthen supervision over judicial activities. Focus on the review and appearance in court of death penalty cases, and carefully review the death penalty appeals and protests. The procurator-general and the deputy procurator-general entrusted by the procurator-general shall attend the meetings of the judicial committees of the people's courts as nonvoting delegates and express their opinions on the cases discussed by the judicial committees.
2 1. Strengthen the legal supervision of death penalty review cases. If the people's procuratorate at the provincial level thinks that the judgment of the second instance of death penalty is indeed wrong, and the death penalty should not be imposed according to law, and serious violation of legal procedures may affect the fair trial, or if it finds that the defendant has surrendered himself, rendered meritorious service, reached a compensation agreement to obtain the victim's understanding and other new evidence and relevant circumstances may affect the application of the death penalty, it shall promptly report to the Supreme People's Procuratorate. When handling death penalty review and supervision cases in the Supreme People's Procuratorate, we should carefully review the relevant files, attach importance to the appeal materials submitted by the parties and their close relatives or entrusted lawyers, and fully consider the opinions of the procuratorate handling the case, the defendant, the defender and the victim. When necessary, cases with doubts about facts and evidence can be checked by reading the case files and reviewing the main evidence. For cases with insufficient conviction evidence, we should adhere to the principle of never suspecting a crime; Put forward supervision opinions in accordance with the law on cases where the conviction evidence is true and sufficient, but the evidence affecting sentencing is doubtful.
22. Strengthen supervision over the execution and supervision of punishment. Strengthen the analysis, research and guidance of long-delayed cases, do a good job in coordination with relevant political and legal departments, distinguish different situations, properly clean them up in time, and deal with them according to law. It is necessary to strengthen supervision, law enforcement and inspection of detention centers and prisons, and severely crack down on "prison leaders" and corporal punishment and abuse of criminals. Strengthen the on-site supervision of the execution of the death penalty. If it is found that the death penalty should not be executed, it is immediately suggested to stop the execution.
23. Complaints that may be unfair shall be examined in a timely manner. We will improve the system of receiving, accepting, handling, transferring, replying and tracking supervision of criminal appeal cases, adhere to and improve the system of "two sessions" of criminal appeal cases, review the appeal cases that may be unfair according to law, and inform the complainant of the review results in a timely manner. We should attach great importance to the reports and complaints of detainees and prisoners. If there are doubts or misjudged cases, we should promptly submit them to the original case-handling department for review and handling. Strengthen the handling of appeal cases against the effective judgments of the people's courts, focusing on strengthening the supervision of guilty judgments, innocent judgments and sentencing. If, after examination, it is considered that the judgment or ruling is indeed wrong, it shall lodge a protest in time. The people's procuratorate at a higher level shall promptly supervise the major, complicated, difficult or protest cases handled by the people's procuratorate at a lower level. Our hospital and its affiliated hospitals should promptly correct the criminal handling decisions that are indeed wrong according to legal procedures. Fulfill the obligation of state compensation in accordance with the law and increase the rescue work for criminal victims.
Five, improve the working mechanism to prevent and correct unjust, false and wrong cases.
24. Deepen the reform of the prosecutor's responsibility system for handling cases, and establish and improve the lifelong responsibility system for handling cases. It is necessary to clarify the responsibility of handling cases at all levels, especially to improve the organizational form of handling cases and deepen the reform of the responsibility system for handling cases by prosecutors. Intentionally violating laws and relevant regulations, or being seriously irresponsible in work, resulting in serious consequences or adverse effects such as substantive errors in the case and illegal procedures, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions or disciplinary sanctions in accordance with relevant regulations; If extorting a confession by torture, obtaining evidence by violence, practicing favoritism, or perverting the law constitute a crime, criminal responsibility shall be investigated according to law. Those who conceal, suppress or investigate unjust, false and misjudged cases, or deliberately delay the correction, shall be investigated for responsibility. Improve the guarantee mechanism for prosecutors to exercise their functions and powers according to law.
25. Actively promote the reform of case management mechanism and strengthen case process monitoring and quality management. Unify the import and export management of cases, and strengthen the early warning of the deadline for handling cases, the monitoring of handling procedures, the supervision of the use of legal documents, the supervision of property involved, and the risk assessment and early warning of law enforcement cases.
26 the implementation of case quality analysis and evaluation bulletin, establish and improve the evaluation system in line with judicial laws. Each branch, state and municipal hospital should conduct a comprehensive analysis of the quality of criminal cases every quarter, form a comprehensive analysis report on the quality of cases, and promote the improvement of case handling quality and law enforcement level. It is necessary to change the practice of forming performance rankings simply by queuing case handling indicators and various statistical data, combine result evaluation with process management, combine regular evaluation with dynamic guidance, combine comprehensive evaluation with case evaluation, and comprehensively evaluate business work by combining factors such as case handling quantity, quality, efficiency, effect and safety, so as to prevent one-sided pursuit of the number of cases filed, arrest rate, prosecution rate and guilty verdict rate. On the basis of communication and coordination with public security organs and people's courts, according to the characteristics of each law enforcement link, a scientific and reasonable performance evaluation system for handling cases is established.
27. Implement a case coordination reporting system. Cases with unclear facts and insufficient evidence shall not be submitted to the relevant departments for organization and coordination. When participating in case coordination, we should express our opinions in strict accordance with facts, evidence and laws. If the important opinions of the procuratorial organ are not adopted, it shall report to the higher court in time. Knowing that the facts are unclear, the evidence is insufficient, and the applicable law is improper, and after coordination, the opinions are not put forward in time or reported to the higher court, resulting in unjust, false and wrong cases, and the responsibility shall be investigated resolutely in accordance with the principle of "who decides who is responsible and who handles the case is responsible". If it is found that the relevant coordination opinions may produce unjust, false and wrong cases, it can report to the superior or even leapfrog to prevent the occurrence of unjust, false and wrong cases.