When cases are investigated and handled by the Discipline Inspection Commission, under what circumstances will they be transferred to the Discipline Inspection Commission? What kind of cases will be transferred to the Procuratorate for disciplinary inspection? Generally, when the facts of the case are clear, the evidence is conclusive, and the reasons are sufficient, with the consent of the party committee, the case will be transferred to the procuratorate at the same level, and the procuratorate will file a case for prosecution.
Will the Discipline Inspection Commission transfer him to the Procuratorate after being detained? Waiting for the final investigation results of the Discipline Inspection Commission. If you are guilty, you will be sentenced. If not, you will be offered a similar position.
Can the Discipline Inspection Commission confiscate case funds transferred to the Procuratorate? Yes you can.
Money and property involved in disciplinary and illegal cases directly investigated by the Discipline Inspection Commission or jointly investigated by other departments may be confiscated. Depending on the nature, it will be turned over to the treasury or returned.
Transfer to the procuratorate means that the amount is relatively large, it is not a violation of discipline, but a crime, and it will be transferred to the procuratorate. Transferring the case to the prosecutor's office means sentencing.
The difference between the Procuratorate and the Discipline Inspection Commission is that the chairman combines party power, political power, and military power.
Do you know the difference between a secretary and a mayor?
The Discipline Inspection Committee is the party’s inspection agency and handles issues involving party members.
The Procuratorate is a state agency and handles state agencies.
After retirement, he was sentenced to probation and the case was handed over to the Discipline Inspection Commission? The Discipline Inspection Commission is a party organization, and party members must accept the supervision and inspection of the Discipline Inspection Commission. The Discipline Inspection Commission still has management and disposal rights over retired party members and cadres.
The Discipline Inspection Commission found that 500,000 legs were dirty and handed them over to the Procuratorate for retrial. Still dirty? The 500,000 stolen goods returned do not need to be returned again. If new proceeds of crime are discovered during criminal proceedings, they should be investigated or returned.
Article 64 Disposal of Criminal Items: All property illegally obtained by criminals shall be recovered or ordered to be refunded; the legal property of the victim shall be promptly returned; contraband and individuals used in crimes shall be recovered Items shall be confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by oneself.
What will happen if the case against a corrupt official is not finalized and transferred from the Discipline Inspection Commission to the Procuratorate? The Discipline Inspection Commission can only investigate and deal with disciplinary violations by party members and cadres, and must transfer illegal and criminal issues to the judicial department for processing. If the Discipline Inspection Commission discovers a crime during the investigation, it shall be transferred to the procuratorial organ for handling. After the procuratorial organ files a case, it shall handle it in accordance with the provisions of the Criminal Procedure Law. In practice, the Discipline Inspection Commission is an important source of cases handled by the procuratorial organs in cases involving job-related crimes.
Can the Discipline Inspection Commission deal with party members during an investigation by the procuratorate? During the procuratorate's investigation, the disciplinary committee can deal with party members.
For a long time, our country has adopted a mature routine for criminal cases of corruption crimes committed by party members and leading cadres, that is, the Discipline Inspection Commission at the same level will first review, investigate and collect evidence, and then "recommend that the judicial organs handle it in accordance with the law", and then There is a set pattern of cases being submitted to the prosecutor's office for review and prosecution.
1. After the disciplinary inspection department investigates party members who violate discipline, only those who violate discipline seriously and are suspected of committing crimes will transfer the case to the judicial authority for processing.
Second, if it is just a general violation of discipline, the Disciplinary Committee will deal with it directly. Either handle it directly yourself, or suggest relevant departments to handle it.
3. For those found to have serious disciplinary violations, before transfer, the Discipline Inspection Commission should generally meet with the investigation results, listen to their complaints, or make an immediate decision. Or wait until the judicial authorities settle the entire case.
Especially for serious disciplinary violations, as criminal cases, the disciplinary inspection department will generally make preliminary party disciplinary treatment before transfer. Under normal circumstances, public opinion is not very concerned. Generally, the final decision will be made after the entire case has been reviewed.
Provisions of the Central Commission for Discipline Inspection on the working procedures for hearing disciplinary cases involving party members.
Chapter 1 General Provisions
Article 1: These regulations are formulated in accordance with the relevant provisions of the "Regulations on the Trial of Cases by the Party's Discipline Inspection Organs" and in combination with the experience and actual situation in hearing cases of party members' disciplinary violations. .
Article 2: In order to ensure the quality of case handling, protect the democratic rights of party members, and correctly implement party discipline, disciplinary inspection agencies at all levels must handle cases in accordance with these regulations.
Article 3: After the case is reviewed, it must be transferred to the case trial department or part-time judges for trial.
Article 4: Case hearings shall be conducted in accordance with the provisions on the review and approval authority for handling disciplinary cases.
Article 5 If a judge is a party to the case or a close relative of a party, or has an interest in the case, he shall recuse himself. Party members who have made mistakes also have the right to ask them to quit the party. The recusal of a judge must be approved, and the trial of the case may not be stopped without approval.
The recusal of the head of the case trial department shall be decided by the Standing Committee of the Discipline Inspection Commission at the same level responsible for the trial of the case; the recusal of the trial personnel of other cases shall be decided by the head of the trial department.
Chapter 2 Acceptance of disciplinary cases
Article 6 The case review department accepts the following cases:
(1) Cases reported by lower-level party committees and disciplinary inspection committees , which requires the approval of the Party Committee and Discipline Inspection Commission at the same level;
(2) Cases directly inspected by the Discipline Inspection Commission and Supervision Department at the same level and directly decided by the Party Committee and Discipline Inspection Commission at the same level;
( 3) Cases that need to be reported to the superior Party committee and the Discipline Inspection Commission for review and approval;
(4) File cases reported by the lower-level Party committee and the Discipline Inspection Commission;
(5) The responsible comrade of the Discipline Inspection Commission at the same level or the superior Cases assigned by the party organization;
(6) Complaint review cases reported by the lower-level Party committee and the Discipline Inspection Commission and approved by the Discipline Inspection Commission at the same level;
(7) Approval by the complainant of the lower-level Party committee and the Discipline Inspection Commission If you are still dissatisfied with the review conclusions and decisions after review and review, the lower-level party committees and disciplinary inspection commissions report review cases that require review; Disciplinary Cases. Among them, if further investigation and evidence collection are required, the Department of Discipline Inspection and Supervision that accepts the case or the agency that requested the transfer of the case will conduct a supplementary investigation and then transfer the case for trial. If individual investigation and supplementary evidence are needed, the trial department of the Discipline Inspection Commission that accepts the case shall investigate and supplement the evidence.
Article 7 Lower-level party committees and disciplinary inspection commissions shall submit the following materials to superiors for approval of cases:
(a) Request for approval;
(2) Punishment decisions and their Wrong factual materials based on;
(3) Investigation reports and main evidence materials;
(4) Review opinions of relevant discipline inspection commissions and party organizations at all levels;
< p>(5) Inspection of party members who have made mistakes and opinions on disciplinary decisions;(6) Opinions of party organizations on party members' mistakes.
The cases transferred by the Discipline Inspection Commission and Supervision Department at the same level should have the following materials:
(1) Basis for filing the case;
(2) Wrong factual materials, alleged The inspector’s opinions on the erroneous factual materials and the inspection team’s explanation of their opinions;
(3) Investigation report and main evidence materials;
(4) Written review by the person being inspected .
Cases transferred by administrative supervision agencies, public security organs, people's procuratorates, and people's courts should have the following materials:
(1) Cases transferred by administrative supervision agencies should have representatives from relevant organizations Handling opinions or decisions, investigation reports, main evidence materials, personal meeting materials, personal opinions and explanations;
(2) Cases transferred by the public security organs should have main evidence of administrative penalty decisions or administrative compulsory measures, As well as personal examination, confession and other materials;
(3) Cases transferred by the People’s Procuratorate should have a copy of the decision to exempt from prosecution or not to prosecute, the investigation conclusion report, the main evidence extracted or copied, and the personal confession and other materials;
(4) The case transferred by the people's court shall contain an indictment, judgment or ruling, excerpts or copies of the main evidence, and personal confession materials.
Article 8: After the judicial department or judicial personnel receive a report from the Discipline Inspection Commission at a lower level, a case transferred from the Supervision Department of the Discipline Inspection Commission at the same level, or a case transferred from the administrative supervision agency, the public security agency, the People's Procuratorate, or the People's Court, after review, it shall comply with these regulations. Articles 6 and 7 shall be accepted.
Chapter 3 Trial of Disciplinary Violation Cases
Article 9: After accepting the case, the trial departments of the Discipline Inspection Commission at all levels shall promptly designate an undertaker to handle it. Except for cases with simple circumstances, two people should generally handle the case. Particularly serious and complex cases should be handled by a review team of more than two people, with one of them determined to be the sponsor.
Article 10: The trial of a case shall follow the requirements of clear facts, conclusive evidence, accurate characterization, appropriate handling, and complete procedures.
Article 11 The person in charge shall carefully review the error facts listed in the disciplinary decision, find out what errors the party members have made, the time, place, reason, circumstances and consequences of each error, as well as relevant Personnel Responsibilities. Whether there is conclusive evidence for every erroneous fact discovered by the audit. If a party member makes a mistake and disagrees with the wrong facts on which the disciplinary decision is based, can the explanation from the relevant organization explain the problem clearly?
Article 12 The person in charge shall judge whether the nature of the error identified in the disciplinary decision is accurate based on the Party Constitution, certain guidelines for intra-Party political life, Party policies, disciplinary regulations, national laws and regulations, and socialist ethics. Whether the punishment given is appropriate.
Article 13 During the trial, if it is discovered that the facts are unclear, the evidence is insufficient, and the responsibilities of the relevant personnel are unclear, the opinions of the reporting unit should be actively listened to. If supplementary materials are indeed needed, the reporting unit shall be required to supplement the materials.
Article 14 Under normal circumstances, before a case is submitted to the standing committee of the discipline inspection committee at the same level for decision, someone should be sent to talk to the party member who made the mistake, verify the facts of the mistake, and listen to his or her opinions. If I have different opinions on the penalty decision and the factual materials on which it is based, I shall submit written materials. If you do not have the ability to write, the speaker must organize his or her opinions into written materials and submit them for signature.
When talking with party members who have made mistakes, keep records of the conversation.
Article 15: For cases involving professional and technical issues or specific business policies and regulations, opinions from relevant departments shall be sought when necessary.
Article 16 After the trial, the person in charge shall draft a trial report. The report shall state the facts, nature, policy and regulatory basis of the error, the opinions of the reporting unit and the opinions of the person in charge.
Article 17: Cases handled by the person in charge shall be reviewed by the office meeting of the case hearing department. During the deliberation, the person in charge shall report truthfully and clearly based on the drafted court trial report. The meeting should fully promote democracy, discuss seriously and put forward concluding opinions.
Article 18 The person in charge shall modify the trial report based on the concluding opinions of the collective deliberation. After being reviewed by the responsible comrades of the trial department, it shall be submitted together with the relevant materials submitted by the applicant unit to the Standing Committee of the Discipline Inspection Commission at the same level for approval. .
Before submitting the matter to the Standing Committee of the Discipline Inspection Commission at the same level for deliberation, the Discipline Inspection Commission at the same level should also seek the opinions of the relevant inspection departments. For cases that need to be directly decided by the Discipline Inspection Commission at the same level, the judicial department shall collectively deliberate and produce a draft disciplinary decision of the Standing Committee, and submit it together with the trial report to the Standing Committee of the Discipline Inspection Commission at the same level for review and approval. If the inspection department has different opinions, they should be reported at the same time.
After the Standing Committee makes a decision, the judicial department shall go through the approval procedures for cases approved by the Discipline Inspection Commission at the same level. If it is necessary to file with the Party Committee at the same level, the Party Committee at the higher level, and the Discipline Inspection Commission, it shall also go through the filing procedures; Cases that require approval by the Party Committee at the same level or the Party Committee at the higher level or the Discipline Inspection Commission must go through the approval procedures in a timely manner. After receiving the approval from the party committee at the same level or the superior party committee or the Disciplinary Inspection Commission, the party organization of the unit where the party member made the mistake should be notified in a timely manner to announce the implementation.
Article 20: Where party disciplinary sanctions are imposed or exempted from party disciplinary sanctions, the disciplinary decision or conclusion of exemption from party disciplinary sanctions, investigation report of erroneous facts, instructions from superiors, personal review and personal review of the disciplinary decision or exemption Opinions on the conclusion of exemption from party disciplinary sanctions shall be sent to the organizational department in accordance with the cadre management authority; if it is recommended to impose administrative sanctions, a copy shall be sent to the relevant personnel department; if it is recommended that the judicial authorities pursue criminal liability, a copy shall be sent to the relevant judicial authorities.
Article 21 After the approval and filing procedures are completed, the case will be closed. The organizer should file in accordance with relevant regulations.
Article 22: Disciplinary sanctions imposed on party members shall take effect from the date of approval of the disciplinary decision. The decision and approval of disciplinary action shall be handed over to the party member being punished.
Chapter 4 Review of Case Trial
Article 23: Complaints against party members will generally be reviewed or reconsidered by the party organization that made the original decision; if the original case handling unit has Withdrawn, the complainant will review and reconsider now.
Article 24: For review or reconsideration cases assigned by the superior Party committee and the Commission for Discipline Inspection, the Commission for Discipline Inspection at the lower level shall handle them in a timely manner and report the results. If it is decided to revoke or change the original disciplinary decision or conclusion, a written decision must be made and submitted to the party organization that originally approved the disciplinary action for review and approval.
Before the "Cultural Revolution", if a case approved by the Central Committee or the Central Supervisory Commission needs to be changed after review or reconsideration, the original conclusion and punishment must be reported to the Central Commission for Discipline Inspection for approval, and the Central Commission for Discipline Inspection shall be reported to the Central Commission for Discipline Inspection for record; Cases originally reviewed and approved by the Central Bureau shall be reviewed and approved by the party committee or disciplinary inspection commission of the relevant province, autonomous region, or municipality directly under the Central Government, and reported to the Central Commission for Discipline Inspection for filing. The processing of various regions and departments shall be carried out in accordance with the relevant regulations of each region and department.
Article 25 A case submitted for review shall have the following materials:
(a) Request for approval;
(2) Review report and main evidence materials ;
(3) Review decision and opinions of relevant party organizations;
(4) Opinions of party members on the review decision and explanation of the opinions of the party organization;
(5) Original penalty decision, erroneous facts, investigation report and main evidence.
Article 26 In addition to the requirements for hearing disciplinary cases, attention should also be paid to the review of the original case files. Based on the original penalty decision and evidence, whether the basis for changing the treatment is sufficient. If there is a conflict between the original evidence and the evidence obtained during the review, it should be carefully investigated.
Article 27: After the review decision of the case is approved by the authority that originally approved the penalty, if the complainant still refuses to accept the review conclusion, the authority that originally approved the penalty shall submit his appeal and review materials to the party committee at the next higher level. Or the Discipline Inspection Commission’s review and decision. If the complainant is still dissatisfied with the decision after review by the superior party committee and the Discipline Inspection Commission and continues to appeal, the appeal will generally not be accepted.
Chapter 5 Case Filing and Trial
Article 28 Cases submitted to the superior discipline inspection commission for filing shall have the following materials:
(1) Submission for filing Report;
(2) Punishment decision and the factual materials on which it is based;
(3) Investigation report and main evidence materials;
(4) Party members Inspection and opinions on the disciplinary decision and explanation of the opinions of the party organization;
(5) Approval of the examination and approval authority.
Article 29 The person in charge and the trial department shall hear the cases filed in accordance with the requirements of Articles 10, 11, 12, 16 and 17 of these Regulations.
Article 30: If the trial department agrees with the opinions of the lower-level Party committee and the Discipline Inspection Commission for a case reported to the lower-level Discipline Inspection Commission for filing, it shall be filed with the approval of the relevant leadership. If the lower-level party committee or discipline inspection commission has different opinions on the handling of the case, the trial department shall submit the trial report together with the filing materials to the standing committee at the same level for discussion. If the Standing Committee makes a decision to change the handling of a case by a lower-level disciplinary committee, the judicial department shall notify the lower-level disciplinary committee of the Standing Committee's decision and require them to re-study and handle the case. The decision on re-election made by the discipline inspection commission at a lower level shall be handled in accordance with Article 32 of these regulations if it is approved by the party committee at the same level.
Chapter 6 Implementation Supervision
Article 31 Party committees at all levels have the right to review cases approved by the Discipline Inspection Commission at the same level, directly change the review conclusions and handling decisions, or instruct the Discipline Inspection Commission to Re-examine.
Article 32: The higher-level party committee has the right to review cases approved by the lower-level party committees and disciplinary inspection commissions, directly change the review conclusions and handling decisions, or instruct the lower-level party committees and disciplinary inspection commissions to re-examine the cases. However, if a change decision made by a lower-level Discipline Inspection Commission by a higher-level Discipline Inspection Commission is approved by the party committee at the same level, such changes should be unanimous as much as possible and the party committee at the same level will make the change on its own; if an agreement cannot be reached, the opinions of both parties should be submitted to the higher-level party committee for decision.
Article 33 The superior party committee or disciplinary committee must implement the decisions made on disciplinary cases. If you have different opinions, you can submit them to the higher-level party committee or disciplinary inspection commission. However, if the superior party committee or the Commission for Discipline Inspection does not change the original decision, the execution shall not be stopped. If the decision is refused, the relevant personnel shall be held accountable.
Article 34: If local party disciplinary committees at various levels have different opinions on cases handled by party committees at the same level, they may request a review by the disciplinary committee at the next higher level. The higher-level Discipline Inspection Commission shall accept the case.
Article 35: If party committees or disciplinary committees at all levels decide to impose administrative sanctions on erring party members, if there are suggestions for administrative sanctions, the party organizations of the relevant departments should ensure that they can be implemented and make reports on the implementation. The decision-making party committee or disciplinary committee.
Article 36 The Central Commission for Discipline Inspection is responsible for the interpretation of these regulations.
Article 37 These regulations shall come into effect on the date of promulgation.
Which is more powerful, the Discipline Inspection Commission or the Procuratorate? Completely two departments.
The Discipline Inspection Commission is the disciplinary inspection agency of the Communist Party of China.
It does not belong to government departments or state agencies and only obeys the leadership of the Central Committee of the Communist Party of China. Mainly for violations of party discipline. Of course, illegal activities within the party will also be dealt with, but illegal activities will ultimately be handed over to the procuratorate for processing.
The Procuratorate is a state agency commonly established in various countries around the world. The People's Procuratorate of our country is the national legal supervision agency of the Chinese people and one of the country's judicial organs. The public security bureau, procuratorate and courts are part of our country's judicial system.
To put it simply, the procuratorate is a law enforcement agency and a state agency, which can only handle matters that violate the law; the disciplinary committee is the party’s internal prosecutorial department and is responsible for party affairs.
Which level does the County Procuratorate and the Discipline Inspection Commission belong to? It shall be under the jurisdiction of superior authorities, prefecture-level administrative regions, or provinces, municipalities, and autonomous regions.
The People's Republic of China has established specialized people's procuratorates such as the Supreme People's Procuratorate, local people's procuratorates at all levels, and military procuratorates. This top-down arrangement reflects the superior-subordinate relationship between the procuratorial organs and the persons under supervision and its centralized and unified characteristics. It is significantly different from the superior-subordinate relationship between the people's courts and the persons under supervision. In order to maintain the unity of the country's legal system, the procuratorial organs must be integrated and have strong centralization and unity.
The Commission for Discipline Inspection is a disciplinary supervision department that is not affiliated with any department, but is under the leadership of the Central Committee of the Communist Party of China.