Criminal investigators need to pay special attention to the rigor of handling cases.

On 201May 16, the Criminal Investigation Detachment of Jizhou Branch of Tianjin Public Security Bureau filed a case against Zhang, a fraud suspect. Detective y, the police officer of the criminal investigation detachment of the branch, was appointed as the investigator of the case. During the investigation of the case, the criminal suspect Zhang's 559,900 yuan stolen money deposited in the bank was frozen according to law. After the suspect was arrested, the case was transferred from the public security criminal investigation detachment to the public security pre-trial detachment, and the case was terminated after prosecution and court hearing. On 20 15, the relevant departments found in the trial file of this case that the defendant Zhang Qianqian had no freezing procedure. After the verdict was pronounced in this case, the defendant Zhang's family withdrew 559,900 yuan of money beyond the freezing period, which made it impossible for the defendant Zhang to recover the money and caused national losses. Since then, the Tianjin Municipal People's Procuratorate has filed an investigation against Investigator Y for the crime of abuse of power on the grounds that Investigator Y deliberately failed to perform the freezing procedures of illicit money, and Y was criminally detained and arrested according to law. After the incident, Y entrusted Tianjin Jizhizhou Law Firm to appoint a lawyer to defend him.

The defense lawyer made a defense opinion: 1. According to the "Procedures for Handling Criminal Cases by Public Security Organs", Y has no legal responsibility to retrieve the case file, and this legal responsibility should be borne by the public security examiner. Y should not take full responsibility for the state losses in this case. 2. As for the subjective aspect of Y, the defender asked the prosecutor to consider it. According to the existing evidence and plot, the accusation against Y is subjective and intentional, and Y does make mistakes in his work. Neglect is Y's subjective mentality and a negligent crime. Therefore, the defender believes that it is more appropriate to characterize this case as a crime of dereliction of duty.

The defense opinions of defense lawyers were adopted by Tianjin No.1 Intermediate People's Court, Y compensated the state losses, and the people's court ruled Y guilty of dereliction of duty and exempted from criminal punishment.

Lawyer's message:

1. In the process of criminal proceedings, the responsibility of the case handlers is more important than Mount Tai. A slight negligence may lead to heavy losses for the country, and the case handlers themselves may also lead to dereliction of duty.

2. Legal procedures cannot be violated.

3. "Believe in yourself, do things strictly according to procedures, and don't trust colleagues and partners".

0 people like it.

diary