For general criminal cases, transferring them to judicial organs means transferring them to public security organs for investigation.
For duty crime cases, transferring them to judicial organs means transferring them to procuratorate for filing.
The complete statement that a court case is transferred to the Judicial Bureau means that a court case is transferred to a judicial organ. It means that after investigation (review) by a discipline inspection department or an administrative law enforcement organ, the case is considered to have involved an illegal crime, and the judicial organ shall investigate the criminal responsibility according to law. Transferred to judicial organs will start the judicial process by the coercive force of state public power, and begin to investigate the criminal responsibility of criminals or criminal suspects.
In the discipline inspection and supervision work, transferring cases suspected of duty crimes to judicial organs means that the investigated objects are suspected of duty crimes. After the investigation and trial are completed and the relevant procedures are performed, the discipline inspection and supervision organs will transfer the case to the procuratorial organs for examination and prosecution according to law, which is an important procedure to realize the convergence of law and discipline. Articles 57 and 58 of the Rules for the Supervision and Discipline of Discipline Inspection Organs in communist party, China (hereinafter referred to as the Rules) stipulate that the investigated persons suspected of duty crimes and their property suspected of duty crimes shall be transferred to judicial organs. In practice, it is necessary to grasp the subject, object, conditions, subject and matters needing attention before and after the transfer of suspected duty crimes to judicial organs.
The subject of transfer is the discipline inspection and supervision organ with jurisdiction, including the discipline inspection and supervision organ that accepts the designated jurisdiction. In practice, the subject of transfer is usually the discipline inspection and supervision organ that filed the case, which involves the relevant responsible departments such as case trial, review and investigation, case supervision and management, and the case supervision and management department is responsible for coordinating the transfer. The first paragraph of Article 57 of the Rules clearly stipulates that if the person under investigation is suspected of committing a duty crime, the case supervision and management department shall coordinate and transfer it to the judicial organ. According to Hunan's practice, the case trial department notifies the case supervision and management department and the examination and investigation department to transfer the case after the trial, and the prosecution opinions are handed over to the case supervision and management department. On this basis, the case supervision and management department issues a case transfer letter and transfers it to the procuratorate together with the prosecution opinion. At the same time, the examination and investigation department is responsible for transferring the investigated person, the case file materials and the property involved to the procuratorate.
The object of transfer is the investigated person suspected of duty crime, as well as the prosecution opinions made by the discipline inspection and supervision organs and the files, evidence and property involved in the suspected duty crime.
The condition for transfer is that, after investigation, the discipline inspection and supervision organ considers that the fact that the investigated person is suspected of duty crime is clear, the evidence is true and sufficient, and criminal responsibility needs to be investigated. The Supervision Law also provides for the transfer of cases suspected of duty crimes to judicial organs. Among them, Article 45, Paragraph 1, Item 4 stipulates that if the supervisory organ, after investigation, considers that the facts of the crime are clear and the evidence is true and sufficient, it shall make a prosecution opinion and transfer it to the people's procuratorate for examination and prosecution according to law together with the case file and evidence. This actually points out the transfer conditions of suspected duty crime cases. Clear criminal facts refer to the fact that the time, place, means, process and consequences of the crime committed by the investigated person have been ascertained. According to the relevant provisions, in any of the following circumstances, it can be confirmed that the facts of the crime have been ascertained:
(1) In a single criminal case, the facts ascertained are sufficient for conviction and sentencing, or the facts related to conviction and sentencing have been ascertained, and the facts that do not affect conviction and sentencing cannot be ascertained;
(2) Cases of combined punishment for several crimes, some of which have been identified and meet the conditions for prosecution, while others cannot be identified; (three) unable to find out the whereabouts of tools and stolen goods, but there are other evidence enough to convict and sentence the person under investigation;
(4) The witness's testimony, the respondent's confession and defense, and the victim's statement have the same main plot, and only a few plots are inconsistent, which will not affect the conviction. True and sufficient evidence means that the following conditions are met:
(1) There is evidence to prove the fact of conviction and sentencing;
(2) The evidence on which the final decision is based has been verified through legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt. The need to investigate criminal responsibility means that the person being investigated has the ability of criminal responsibility and should be sentenced to punishment. There is no case of not being investigated for criminal responsibility as stipulated in Article 16 of the Criminal Procedure Law.
The subject accepting the transfer is the procuratorial organ. After the reform of the supervision system, the supervision committees of the Commission for Discipline Inspection are co-located, and the discipline inspection and supervision organs have the right to put on record and investigate various duty crimes such as corruption and bribery of public officials 100. Can not be transferred to the public security and procuratorial organs for investigation, but directly transferred to the procuratorial organs for examination and prosecution. Therefore, the subject accepting the transfer is the procuratorial organ. In practice, discipline inspection and supervision organs usually transfer cases directly to procuratorial organs at the same level. However, for cases with designated jurisdiction, procuratorial organs and courts at the same level often have no jurisdiction according to the principle of territorial jurisdiction. In order to determine the person accepting the case, before the formal transfer, the discipline inspection and supervision organ undertaking the case needs to report to the superior discipline inspection and supervision organ that made the decision on designated jurisdiction in advance to negotiate with the procuratorial organ at the same level, and the procuratorial organ will coordinate the court at the same level to handle the designated jurisdiction matters during the review, prosecution and trial, and then the discipline inspection and supervision organ will transfer the case to the procuratorial organ with designated jurisdiction. At this time, the receiving procuratorial organ may be at the same level as the transferred supervisory organ, or it may be a procuratorial organ in other regions. For example, a case of a provincial cadre duty crime handled by the Hunan Provincial Commission for Discipline Inspection, the Provincial Commission for Discipline Inspection and Supervision designated the relevant case to be handled by the discipline inspection and supervision organs in Hengyang. The Provincial High Court finally assigned the case to the Loudi District Court when it went through the procedure of assigning trial jurisdiction. Accordingly, the case was also assigned to the Loudi District Procuratorate for review and prosecution. Therefore, the relevant cases were directly transferred to Loudi District Procuratorate by Hengyang District Discipline Inspection and Supervision Organs.
Legal basis:
Article 55 of the Criminal Procedure Law of People's Republic of China (PRC) emphasizes evidence, investigation and research, and does not believe confession. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is true and sufficient, the defendant may be found guilty and punished. If the evidence is true and sufficient, the following conditions shall be met:
(1) There is evidence to prove the fact of conviction and sentencing;
(2) The evidence on which the final decision is based has been verified through legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.