Since 20 10, the Procuratorate-Procurator-Office of Xuanzhou District, Xuancheng City, Anhui Province has actively explored the supervision mode of using the criminal retrial procuratorial suggestions, and suggested that the court start the criminal retrial procedure, so as to correct three effective criminal judgments and rulings that are indeed wrong, fully protect the legitimate rights and interests of the parties, promote judicial justice, save judicial resources and improve the efficiency of criminal proceedings.
First, accurately grasp the boundary between "resistance and non-resistance" and adhere to the principle of handling cases with protest as the mainstay and retrial procuratorial suggestions as the supplement. When handling criminal appeal cases, as long as the conditions of protest are met, the court will promptly lodge a protest with the people's procuratorate-supervision bureau at a higher level to ensure the effectiveness and authority of criminal trial supervision. However, not all effective judgments and rulings that are "really wrong" are suitable for the procuratorate-court to lodge a protest in accordance with the trial supervision procedure. Starting the retrial procedure by issuing retrial procuratorial suggestions not only ensures that the procuratorate-procuratorate-hospital fully and effectively performs the supervision right of criminal trial, but also urges the judicial organs to pay attention to the effective judgment of existing problems and correct them in time.
Two, adhere to a comprehensive review of cases, and effectively improve the people's court's adoption rate of criminal retrial procuratorial suggestions. When handling criminal appeal cases, the hospital always adheres to the principle of comprehensive review of cases, collects evidence materials and carefully verifies them, and strictly uses evidence rules to identify case facts and apply laws. At the same time, unify and standardize the contents of retrial procuratorial suggestions. For the retrial procuratorial suggestions issued, we should emphasize rationality, fully expound the facts and legal basis of retrial suggestions, ensure the persuasiveness of retrial procuratorial suggestions, and effectively improve the adoption rate of retrial procuratorial suggestions by the court.
Three, standardize the criminal retrial procedure, to ensure the quality of retrial procuratorial suggestions. According to the Provisions of People's Procuratorate-Procuratorate-Court on Examining Criminal Cases, the principle of separating the right to decide criminal appeal cases from the right to examine appeals is adhered to. The court accused the appeal department of the necessity to lodge a protest after the preliminary examination of the criminal judgment that has taken legal effect, and put forward a protest opinion, which was transferred to the examination and prosecution department for examination with the file. If it is considered that there is a mistake, but it is not appropriate to protest, and it is necessary to put forward criminal retrial and procuratorial suggestions, it shall be submitted to the procurator-general for decision and then transferred to the examination and prosecution department for examination. If the examining and prosecuting department thinks that there is indeed a mistake, there is no need to protest, and it is necessary to put forward a criminal retrial proposal, it shall report it to the procurator-general for decision, and then send a retrial proposal to the court.
Fourth, strengthen communication and coordination with the court and improve the connection between retrial procuratorial suggestions and protest mechanism. The court should strengthen communication and consultation with the court before issuing the retrial procuratorial suggestions, timely understand and master the implementation and adoption of the criminal retrial procuratorial suggestions, and strive for the court's understanding, support and cooperation on the retrial procuratorial suggestions. At the same time, if the court refuses to adopt the retrial proposal and meets the protest conditions, it will promptly submit it to the higher-level procuratorate-prosecutor-court to protest, so as to ensure the performance of legal supervision duties.