Reference answers and scores
1. The procuratorate violated the procedural provisions in this case: (1) It is wrong for the procuratorate to send investigators to arrest this case. Because the organ that carries out the arrest is the public security organ, not the procuratorial organ that makes the decision. (1) (2) The municipal procuratorate should not file a public prosecution with the municipal intermediate people's court, because according to the provisions of hierarchical jurisdiction, this case is not under the jurisdiction of the municipal intermediate people's court, and the lower procuratorate should file a public prosecution with the grassroots people's court. (1) (3) During the trial, the public prosecutor decided that Su Qing was still guilty of corruption and should not immediately accuse him in court. Because in the course of the trial, the public prosecutor discovered a new situation, and the facts need to be further ascertained. They should immediately put forward a proposal to apply for supplementary investigation to the court, instead of accusing it in court. ( 1)
2. The court's practices that do not conform to the provisions of the Criminal Procedure Law include: (1) new witnesses need to be notified to appear in court during the trial, and the court should apply the decision to postpone the trial instead of suspending the trial. (1) (2) The court can decide to postpone the trial only if the public prosecutor finds new criminal facts that need supplementary investigation and makes suggestions to the court, instead of deciding to postpone the trial on the grounds that the public prosecutor has added complaints at the request of the defender. (1) (3) It is wrong for the collegial panel to submit the case to the president for discussion for fear that the procuratorate will lodge a protest. Because only difficult, complicated and important cases that the collegial panel considers difficult to make a decision can be submitted to the CRIC for discussion and decision. ( 1)
3. It is wrong for the court of second instance to allow Su Qing to withdraw his appeal and make a written decision. A written decision should be used instead of a written decision to allow him to withdraw his appeal. ( 1)
4. The court's violation of the provisions of the Criminal Procedure Law in the retrial procedure includes: (1) It is wrong for the municipal procuratorate to lodge a protest with the court according to the trial supervision procedure after discovering new evidence. Because the procuratorial organ has new evidence for a case that has been acquitted due to insufficient evidence, if it re-prosecutes, it should be accepted as a new case, not a retrial case. (1) (2) It is wrong for the court to make a retrial decision after reviewing the protest, because the court must accept the protest put forward by the procuratorate without making a retrial decision. ( 1)
Comments: This question is relatively comprehensive, and the examination procedures include investigation procedures, public prosecution procedures, first-instance procedures, second-instance procedures, and trial supervision procedures. The knowledge points of the examination involve the execution of arrest, jurisdiction at different levels, supplementary investigation, postponement of trial, the distinction between ruling and decision, and how the court treats protests.
References:
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