The court adopts four steps: daily supervision, rules and regulations, visits and inspections, and technical monitoring to do a good job in community correction. The following is a summary of the court community correction work I collected for you. Welcome to read!
The summary of the court's community correction work 1 is an important reform with overall situation and far-reaching influence. Actively participating in community corrections is also an important part of the people's courts' participation in the comprehensive management of social security. In recent years, the hospital has attached great importance to the community correction of non-custodial criminals, and has properly achieved "cautious application, pre-trial investigation and joint correction". During the three years from 2007 to 2009, Fusong Court sentenced 667 criminal defendants, and * * * applied non-custodial sentences to 128 defendants, accounting for 19. 19% of the total number of convicted defendants. None of them have committed another crime or lost control. Work experience and practices have been affirmed by the higher party committees and courts.
The specific ways for hospitals to participate in community correction work are:
First, resolutely implement the party's criminal policy of combining leniency with severity and apply it carefully.
Through the trial practice in recent years, the hospital fully realized that criminal trial is an important link in community correction. To a certain extent, criminal trial determines the implementation effect of the party's criminal policy of combining leniency with severity and the effect of community correction for non-imprisoned criminals. Therefore, according to the social security situation in this county, combined with relevant laws and regulations, the hospital formulated the Interim Provisions of Fusong County People's Court on the Application of Non-imprisonment Punishment, which refined the scope of application and the scope of prohibition of non-imprisonment punishment, and particularly emphasized that non-imprisonment punishment can only be applied if three conditions are met, namely, "the crime is minor and the victims and their families have the conditions to understand and help educate", so as not to endanger society again. At the same time, the "Interim Provisions" also particularly emphasizes on the operational procedures: except for general traffic accident cases and minor injury cases, other criminal cases to which non-custodial punishment is applicable shall be submitted to the judicial committee for discussion and decision unless the victim and his family get actual compensation and understand the defendant. Because the hospital is responsible for the party and the people, the law and history, and strictly regulates the applicable scale of non-imprisonment punishment, it has made gratifying achievements in the application of non-imprisonment punishment in the hospital. The dean made a special report at the regular meeting of the county people's congress. At the same time, for some criminal cases with great social influence and controversial application of non-imprisonment penalty, the hospital has also implemented a system of inviting NPC deputies, CPPCC members and people from all walks of life to participate in court hearings, collegiate panel deliberations and discussion by judicial committees, and held regular symposiums to solicit their opinions and suggestions on the application of non-imprisonment penalty in people's courts, which has also laid a solid foundation for the smooth development of community correction work in the next step.
Two, whether the defendant has the responsibility to apply the conditions of control and probation during the execution of the trial, and do a good job in pre-trial inspection.
The court has stipulated a "three-level responsibility system" for the application of non-custodial penalty, that is, the presiding judge (or undertaker) is directly responsible for investigating whether the defendant has the conditions for applying non-custodial penalty before the judgment, and visiting the police station, community, school and family where the crime occurred and the defendant lived, focusing on the defendant's consistent performance before the crime and whether he has the conditions for community correction after the judgment. For those who don't perform well and don't have the conditions to help and teach, for example, in the trial of the defendant Liu's robbery case, the presiding judge found that Liu had dropped out of school for many years and often shoplifted near his neighbor's house. His parents divorced and he lives with his father. Although Liu was just over 14 years old when he committed the crime, although Liu's legal representative and appointed defender proposed in court that Liu could be given a suspended sentence, the presiding judge considered that Liu was a burglary and did not perform well at ordinary times, so he had no conditions to help teach. In the end, when the collegial panel deliberated, the presiding judge did not put forward the opinion of probation. The defendant Liu was sentenced to four years in prison for robbery and fined 1000 yuan. Liu and his legal representative filed an appeal, which was rejected by the baishan city Intermediate People's Court and upheld the original judgment. The president of the criminal trial court is the person in charge of the examination, and is responsible for the examination of the file materials of non-custodial sentences. The vice president in charge is the first responsible person, responsible for the application of all applicable non-custodial sentences, and is responsible for the final approval of the judgment before sentencing, so as to ensure the last pass for the application of non-custodial sentences.
Three, adhere to the principle of combining punishment with education and reform, and work together to correct.
In order to receive the effect of applying non-custodial penalty, the hospital has strengthened close cooperation with public security, procuratorial, judicial and local party and government departments and actively participated in community correction work. Mainly take the following ways:
1, legal service program. For the defendant who was sentenced to non-imprisonment sentence, after the judgment became legally effective, the criminal closing registration form, the notice of execution, the notice of community correction, the letter of acceptance of community correction, and the criminal judgment were delivered to the Public Security Management Brigade of the County Public Security Bureau to provide first-hand materials for community correction;
2. Self-built files. The hospital has established investigation files for non-custodial criminals, one for each person, recording the start and end time of investigation, the specific situation of the investigated person, the investigation plan and the person in charge of investigation;
3. Pay a regular return visit. In conjunction with the procuratorial, public security, judicial and local party and government departments, the hospital implements a regular return visit system for non-custodial criminals, pays a return visit once every six months for ordinary non-custodial criminals, and appropriately increases the number of return visits for non-custodial criminals who have difficulties in life or have signs of recidivism. The method adopted is the combination of face-to-face assistance and mailing materials, and the combination of ideological assistance and life assistance.
Summary of the community correction work of the court. First, implement a variety of effective supervision means. Make full use of facial recognition technology to avoid violations such as replacement reporting and overtime reporting, and enrich the evidence of violation warning and punishment for prisoners. Implement the "daily report" system to classify, group and disperse community prisoners with different types of crimes. A "Wednesday" reporting system for female community prisoners has been formulated, and the collective reporting of community prisoners from Monday to Friday is strictly controlled, and the reporting system of community prisoners every two weeks and Tuesdays is leniently controlled, and a large-scale warning education activity is carried out once a month. The joint police station temporarily controls the identity information of community prisoners, and promptly investigates and educates behaviors such as illegal going out, separation between man and machine, and abnormal shutdown. Real-time control of prisoners' whereabouts in each community ensures seamless and effective supervision of prisoners in the community.
The second is to build a multi-sectoral joint assistance platform. The joint procuratorate conducts a centralized admonition and interview on community prisoners every quarter, and conducts spot checks on the files of prisoners in the jurisdiction; The United Court conducted 42 pre-trial social assessment surveys of community corrections, which provided an important reference for the pre-trial assessment of five community prisoners, including Wang and Liu. On June 16, the joint police station, with the cooperation of the Municipal Community Correction Management Center and Tengzhou Prison Management Office, handled the prison entry files for the children of Sun Mou, a prisoner, through paternity test.
The third is to realize the interactive supervision of the help and education group. A help and education group composed of village committee members, family members and volunteers was set up to implement humanized interaction management, strengthen the ideological transformation of community prisoners and help them solve their life difficulties. On February 12, with the help of the help and education group, we visited Chen Mou, a community prisoner with brain tumor. For community prisoners who do have matters such as weddings, funerals and weddings in the daily reporting process, the help and education group will ensure that they are given leave.
The fourth is to implement a percentage assessment system for public welfare labor. Organize community prisoners to carry out no less than 8 hours of public welfare work every week, and evaluate the labor effect of community prisoners who participate in public welfare work every time. Give verbal praise to outstanding community prisoners with 95 points or above, and give verbal warnings to community prisoners who are lazy and fail to pass the examination, and record them truthfully, as one of the means to adjust the management category of combining leniency with severity.
At present, there are 50 prisoners in Guanzhi Community. In the whole year, 28 people were put into prison, 22 people were released, 2 people's probation was revoked, and criminals were pardoned 1 person. 562 people received centralized education and 230 people talked individually. At work, four community prisoners who violated the regulations were punished, among which 1 community prisoners who violated the regulations were given warning; Two community prisoners were put into prison for disobeying management; 1 community prisoners were detained by the public security because their relatives threatened to discipline the police 10 days. So far, there is no phenomenon of tube detachment or tube leakage.
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