First, ensure the procedural fairness of handling cases.
Only legal procedures can guarantee the correctness of the entity and the quality of the case. In the past, the weakening of procedural supervision has shaken the foundation of entity legitimacy, while the disadvantages of law enforcers' self-restraint are becoming increasingly obvious, and an external constraint is needed to ensure the legitimacy and fairness of the procedure. It is through the unified command, coordination and supervision of cases that the procuratorial business management center has established a new management mechanism to warn, correct and notify violations of procedures, which has fully strengthened procedural supervision and effectively guaranteed procedural justice in handling cases.
(A) registration, dynamic management
After the establishment of the procuratorial business management center, all business departments will register at the center on the day of accepting the case, and timely and accurately grasp the situation of all links in handling the case. Fill in the "case operation form" for each case, and the form will be attached with the case. The undertaker will file a case with the center in time according to the detailed rules in the specific case handling process, and the form will be recovered by the center after the case is closed. Each case-handling link is signed by the undertaking department and the industry management center at the same time, blocking the time limit for handling cases, clarifying the responsibility for handling cases and controlling the case-handling link.
(B) early warning reminder, synchronous supervision
After registration, the procuratorial business management center calculates the critical early warning and supervision time according to the handling time of various criminal cases stipulated in the Criminal Procedure Law, and carries out early warning and supervision on cases that reach the critical time to ensure that the cases are concluded within the trial limit.
Supervise and review the time limit for arrest and prosecution. Give an early warning 2 days and 5 days in advance, give a verbal warning to the business department and the undertaker or issue an early warning reminder notice to ensure that the case is concluded within the trial limit and avoid the occurrence of overdue handling.
The case management center registers the cases returned for investigation and re-reporting, and is responsible for monitoring, early warning and urging the return of the supplementary investigation period and the review and prosecution period.
For duty crime cases, people's bank cases and appeal cases, the case management center shall uniformly register the case undertaker, the date of initial investigation, put on file for investigation, take compulsory measures until the end of the lawsuit, and be responsible for monitoring the detention period of investigation, giving an early warning five days in advance, and sending an early warning reminder to the business department and undertaker to prevent extended detention.
Through the early warning and supervision mechanism, the process of handling cases is supervised simultaneously, and the problems existing in the process of handling cases are eliminated in the bud, so as to standardize law enforcement behavior, improve the quality of handling cases, and provide the necessary premise for finally realizing judicial justice and efficiency.
(3) unified management of documents and seals
Judicial documents are another carrier of procedural justice, and the unified and centralized management of judicial documents is another powerful measure to ensure procedural justice. The procuratorial business management center conducts classified management of documents, makes the documents involving compulsory measures public in the current period, and regularly and quantitatively distributes the documents generally informing the rights and obligations.
1, instant document issuance management
The procuratorial business management center uniformly manages and issues important documents such as detention decision, search warrant, approval of arrest decision and return of supplementary investigation decision. Business departments in the process of handling cases need to issue legal documents such as detention decision, approval of arrest decision, disapproval of arrest decision, filing decision, supplementary investigation decision, indictment, etc., which should be filled out, made and approved in accordance with the procedures prescribed by law, and then handed over to the business management center for unified numbering and stamped with the seal of the procuratorial business management center, and then entered the next case-handling link after being stamped with the seal of our hospital.
2. General document management
For other general documents, the business department should fill in the receipt form first, and after the person in charge of the business department signs and approves it, the center will issue documents according to the batch number and send them to all departments in a unified number, and all departments should return the stubs to the center regularly.
Through the unified management of legal documents, the process and time of the case are monitored in time, which reduces the bad phenomena of incomplete procedures and leaders' signing documents, and also grasps the real time of case handling in time, making the use of legal documents more serious and standardized, thus effectively ensuring procedural justice.
Second, ensure the substantive justice of handling cases
(a) entity review mechanism
1, review of the case of "four don't withdraw"
The procuratorial business management center conducts a substantive review of the "four noes and one withdrawal" case, that is, it does not accept (the case that the public security organ has objections to), does not file a case, does not approve the arrest, does not prosecute, and withdraws the case. If the review is consistent with the opinions of the department, it shall be handled according to the opinions of the department; If the center does not agree to coordinate the treatment according to the correct opinions, but the department and the center cannot reach an agreement, the center can directly report to the procurator-general or start the research procedure of the procuratorial Committee, and after the research decision of the procuratorial Committee, urge the implementation of the decision of the procuratorial Committee.
2 major cases need to be submitted to the procuratorial committee.
The procuratorial supervision and management center conducts preliminary examination and checks on cases that need to be submitted to the procuratorial Committee for major cases. Supervise the implementation and execution of the case after the decision of the inspection Committee.
3, responsible for handling and reviewing cases designated by the attorney general or the procuratorial committee.
(B) Quality evaluation mechanism
The procuratorial supervision and management center plans to establish a case quality evaluation system with the quality and efficiency of handling cases as the core, aiming at finding problems by reviewing case facts, handling procedures, applicable laws, file quality, etc., and linking them with quantitative assessment and bonuses, rewarding the excellent and punishing the poor, and comprehensively improving the law enforcement level and handling quality.
According to the requirements of substantive law and procedural law, the procuratorial supervision and management center, based on the Measures for the Evaluation of Case Handling Quality and the Detailed Rules for the Implementation of Case Supervision and Evaluation of Nanyang People's Procuratorate, combined with relevant case handling procedures and disciplines, takes the performance of duties, the application of laws, the production of legal documents and the observance of case handling discipline as the evaluation criteria, and plans to divide the case quality into four grades and set the requirements for each grade. The standards of a class of cases are accurate entity, legal procedure, true carrier content, exquisite format and good legal and social effects; The standard of second-class cases is slightly lower than that of first-class cases, that is, they can abide by the rules of handling cases and conform to the provisions of substantive law and procedural law; The three types of cases are decided by special circumstances such as violation of regulations but not affecting the entity's handling, and the undertaker has not put forward his own handling opinions; The four types of cases are basically defined as misjudged cases.
Third, integrate procuratorial resources and give full play to the overall advantages.
The establishment of the procuratorial supervision and management center and the corresponding new mechanism have strengthened the supervision of procuratorial organs over the whole process of the case. As an institution set up in parallel with other departments, the procuratorial business supervision and management center is directly responsible to the procurator-general and the procuratorial committee, conducts centralized and unified management of the business work of the whole hospital and business departments, and conducts unified command, coordination and supervision of case handling according to the instructions of the procurator-general.
On the one hand, the establishment of the procuratorial supervision and management center has strengthened the effectiveness of internal supervision and comprehensive dynamic management of various business operations; On the other hand, while serving the business work, it serves the decision-making and command of the leaders, so that the leaders can timely and accurately grasp the flow of cases and the progress of handling cases. By strengthening the unified and centralized management of cases, the pace of handling cases is accelerated, the period of handling cases is shortened and the quality of cases is guaranteed while the procedural supervision is strengthened.
The operation of the procuratorial supervision and management center enables procuratorial organs to participate in the whole process of litigation, strengthens the effectiveness of internal supervision, promotes the efficiency and quality of handling cases, realizes the equal emphasis on handling procedures and entities, and provides a new and reliable guarantee for the ultimate goal of "strengthening legal supervision and maintaining fairness and justice".
(Author: dengzhou city People's Procuratorate)