Case Analysis of Criminal Procedure Law (2)

Liu Ling, a factory worker, was awarded the title of model worker and was a representative of the Municipal People's Congress. His sister Liu Hong and his brother work in another workshop in the same factory. Liu Hong and Zhao Jun, a worker in the same workshop, had deep feelings, fell in love and got engaged, and vowed to be lovers forever. However, his brother Liu Ling had a personal feud with Zhao because of his usual working relationship. When he learned that his sister and Zhao Jun were privately engaged for life, he was very angry and ordered his sister not to associate with Zhao Jun. At the same time, he told him that he had a friend's younger brother named Wang who worked in a bank. He had a good personality, excellent work and even worse financial situation than ordinary people. He wants to introduce a sister to Wang. Hearing this, he refused and continued to discuss with Zhao. The two want to set a date to register for marriage, but also want to hide from their brother. Unfortunately, I was heard by another person passing by, Kim. Kim and Liu Ling are brothers taught by the same teacher. When they heard this, they went to tell Liu Ling. Hearing this, he was very angry and rushed to the place where Zhao was talking with a thick stick in his hand. He drove Zhao away, forcibly took his sister home, and was not allowed to go out in his room. Liu Hong was deeply moved by his brother's arrogance and felt that he could not appreciate his love. He was very desperate. Liuhong was a paranoid girl. At that time, she hanged herself in her room. Liu Ling was surprised and angry when he found out that his sister had committed suicide. He forgot to arrange the funeral and looked for Zhao everywhere with a big fruit knife. He wants to kill Zhao and return his sister's life. Aunt Li, a cadre of the neighborhood Committee, called the police station to report the case in order to prevent another death. The public security organ informed that the procuratorate immediately sent people to the scene to handle the case. Excuse me:

(1) Which authority should accept this case? Explain why.

(2) Should compulsory measures be taken against Liu Ling after the case is accepted? What should I do? If not, why?

(3) Which court should be the first instance of this case? Why?

Answer:

(1) This case is directly accepted by the Municipal Public Security Bureau. This case is a crime of violently interfering with the freedom of marriage of others and causing the death of the victim. It does not belong to the scope of private prosecution cases directly accepted by the people's courts, nor does it belong to crimes committed by state functionaries or other public officials who are placed on file for investigation by the people's procuratorates. It belongs to general criminal cases and should be directly accepted by the Municipal Public Security Bureau. (2) After accepting the case, Liu Ling shall be taken into compulsory detention, but it must be reported to the Standing Committee of the Municipal People's Congress for approval. Liu Ling's violent interference in marriage led to his sister's death, which is a crime that should be arrested. When he committed a crime, he was found. Liu Ling wanted to attack with a knife, which is dangerous, so the public security bureau should detain him first. However, as he is a deputy to the Municipal People's Congress, according to the law, his detention should be reported to the Standing Committee of the Municipal People's Congress for approval when the Municipal People's Congress is not in session.

(3) Cases that should be tried by the municipal grassroots people's court. If the victim dies because of violent interference with the freedom of marriage of others, he shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years, so the case shall be under the jurisdiction of the municipal grassroots people's court.

Unified examination of problem-solving ideas (1). Specifically, in terms of functional jurisdiction, the focus of this topic should be to distinguish between the crime of violent interference with freedom of marriage and the crime of violent interference with freedom of marriage causing the victim to die. Its functional jurisdiction is different. The former is a case of private prosecution, which should be directly accepted by the people's court, while the latter is an ordinary criminal case, which is investigated by the public security organ.

(2) With regard to compulsory measures, in this case, Qi Lin's behavior meets the conditions of prior detention, but candidates should pay attention to the introduction of Liu Ling's identity at the beginning of the case. The introduction of the age, mental state and identity of criminal suspects and defendants in law examination questions is generally reflected in solving problems, so it is not difficult for candidates to get the correct answer as long as they don't let go of this detail. Level 1 (3) Jurisdiction Examination. This topic involves the sentencing of the crime of violent interference with others' freedom of marriage in criminal law. This crime is different from the crime of intentional homicide or negligent death, and its maximum penalty is 7 years' imprisonment, which does not need to be under the jurisdiction of the intermediate people's court.

Level 1 (3) Jurisdiction Examination. This topic involves the sentencing of the crime of violent interference with others' freedom of marriage in criminal law. This crime is different from the crime of intentional homicide or negligent death, and its maximum penalty is 7 years' imprisonment, which is not subject to the jurisdiction of the intermediate people's court.

Detailed explanation of the law (1) Article 18 of the Criminal Procedure Law stipulates: "The investigation of criminal cases shall be conducted by public patrol organs, unless otherwise stipulated by law." The third paragraph stipulates: "A case of private prosecution shall be directly accepted by the people's court." Article 1 of the Interpretation of the Criminal Procedure Law stipulates that a case of violent interference with the freedom of marriage (stipulated in Article 257 1 of the Criminal Law) is a case of private prosecution directly accepted by the people's court. This case violates the provisions of the second paragraph of Article 257 of the Criminal Law. It is not a case of private prosecution, and should be put on file for investigation by the public security organ. In criminal proceedings, the public security organ is the main investigation organ of criminal cases, and is responsible for the investigation of all criminal cases unless otherwise stipulated by law. Sending most criminal cases to public security organs for investigation can give full play to the role of public security organs in exposing and confirming crimes, protecting people and maintaining social order.

(2) Article 6 1 of the Criminal Procedure Law stipulates: "A flagrante delicto or a major suspect under any of the following circumstances may be detained by the public security organ in advance: (1) a person who is preparing to commit a crime or who is found immediately after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) criminal evidence is found around him or at his residence; (four) attempted suicide, escape or escape after committing a crime; (5) It is possible to destroy or forge evidence or collude with others; (six) the real name, address and identity are unknown; (7) Being seriously suspected of escaping, recidivism or joint crime. " Criminal detention is a compulsory measure for public security organs and people's procuratorates to temporarily deprive criminals or major suspects of their personal freedom in legal emergencies. The revised Criminal Procedure Law changes the conditions of detention, making it different from arrest. Detention is a measure taken in an emergency. It is not necessary and impossible to find out the facts of the crime and judge whether it can be sentenced to more than accidental imprisonment. On the other hand, there are strict legal restrictions on the time of detention. Therefore, Liu Lin should be detained rather than arrested on this issue. (3) Article 257 of the Criminal Law stipulates: "Whoever interferes with another person's freedom of marriage by violence shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Whoever commits the crime mentioned in the preceding paragraph and causes death shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years. The crime in the first paragraph will only be dealt with if it is reported. " Article 20 of the Criminal Procedure Law stipulates that "the Intermediate People's Court shall have jurisdiction over the following criminal cases of first instance; (1) Counter-revolutionary cases and cases endangering national security; (2) Ordinary criminal cases that may be sentenced to life imprisonment or death penalty; (3) Criminal cases of crimes committed by foreigners. " Article 19 stipulates: "The basic people's court shall have jurisdiction over ordinary criminal cases of first instance, except those that are under the jurisdiction of the people's court at a higher level according to this law." In other words, in principle, ordinary criminal cases of first instance are under the jurisdiction of the grassroots people's courts. Grass-roots people's courts are grass-roots organizations in the organizational system of people's courts, which are numerous and widely distributed, close to the crime scene and the people. Putting the vast majority of ordinary criminal cases under their own jurisdiction is not only conducive to investigating and verifying the facts and evidence of cases secretly prosecuted by people's procuratorates, but also conducive to hearing cases on the spot, so that cases can be handled promptly and correctly, and it is convenient for litigants to participate in litigation activities and the people to attend the people's courts to hear cases.

Source: Judicial Examination Training Network