Under what circumstances can the procuratorate change the charges of prosecution?

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC), the procuratorate conducts public prosecution around the alleged charges in the process of public prosecution, but when the court finds that there is something wrong with the charges, it will discuss with the procuratorate to change the charges. If the procuratorate insists on not changing the charges, the court will directly judge the charges that the court thinks the defendant constitutes according to the facts they think.

"the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)" stipulates that "if the facts alleged in the indictment are clear, the evidence is true and sufficient, and the charges alleged are inconsistent with those found by the people's court, a guilty verdict shall be made." This judicial interpretation provides a legal basis for the court to change the charges.

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The former deputy director of the Transportation Bureau of the Ministry of Railways was sentenced to life imprisonment for accepting bribes of 24.89 million yuan, of which about/kloc-0.30 million yuan was collected by his wife Ye. This morning, Ye appeared in the Second Intermediate People's Court for trial. Prior to this, he was accused of concealing and covering up the proceeds of crime. But today, the prosecution changed the charges in court and accused him of taking bribes.

It is reported that she was also the last person to be tried in the Wo Wo case of the Ministry of Railways. At 6: 438 am, Ye was brought into court by the bailiff. She used to be a retired cadre in the service center of the administrative bureau of the Ministry of Railways. 201/kloc-0 was placed under residential surveillance in June, and was released on bail by Dongcheng District Procuratorate in September of the same year.

At first, the prosecution accused him of covering up and concealing the crime, but as soon as the court opened today, the prosecutor of the Second Branch of the Beijing Municipal People's Procuratorate proposed in court that during the trial of the case, it was found that the facts of the case did not match the alleged facts, so the crime was changed to the crime of accepting bribes.

According to the prosecution's new accusation, from 2004 to 2065, Ye was converted into RMB130,000 yuan with the property jointly received, knowing that her husband took advantage of his position to seek benefits for the three units. Ye, as a special relation of state functionaries, knowingly uses his position to seek benefits for others, but still illegally accepts other people's property, so he should be investigated for criminal responsibility for accepting bribes.

In addition, because Ye's defender is also a defender, and according to the relevant judicial interpretation, a defender may not defend more than two co-defendants or defendants who have not been dealt with in the same case but have related criminal facts, so it is necessary to change the defender. In view of the charges of the case and the temporary change of the defender, the judge announced an adjournment and the case was not heard in substance.

201410/7, Su Shunhu case was pronounced in Beijing No.2 Intermediate People's Court. According to the facts ascertained by the court, from 2003 to 20 1 1, Su Shunhu took advantage of his position as the director, deputy director, deputy director and director of the freight marketing planning department of the former Ministry of Railways.

Zhang Bangcai, general manager of Shanxi Quwo Minguang Coking Co., Ltd., Zhou Yunfu, actual controller of Jiangxi Zhongchuang Investment Co., Ltd., and Li Duan, legal representative of Beijing Tierun Trading Co., Ltd. were entrusted to seek benefits for the above three companies, and the money and goods given by Zhang Bangcai, Zhou Yunfu and Li Duan were converted into more than RMB 24 million.

Among the huge bribes received, many were done by Ye.

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People's Daily Online wife Ye appeared in court for trial? The charge was changed to bribery in court.

References:

The Supreme People's Court-Interpretation of Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)