For the crime of illegally absorbing public deposits, it is not easy to apply to the relevant departments of the procuratorate to review the necessity of detention. However, we should always remember that only by proceeding from the case itself can we make the application for examining the necessity of detention more powerful, instead of setting up a template of social harm and trying to convince the prosecutor with new facts, viewpoints and evidence.
The review of the necessity of detention is a review of whether it is necessary for the detained criminal suspect to continue to be detained after arrest and before judgment.
Examining the necessity of detention is not a necessary procedure in criminal proceedings. Need to apply for the relevant parties or defense lawyers. After receiving the materials, the criminal execution procuratorial department of the procuratorate or the prison procuratorial department will conduct a preliminary examination and decide whether to file a case within three days.
What is the content of the preliminary examination? Criminal cases are nothing more than accusations. Generally speaking, it is difficult to obtain a guarantor for terrorism-related cases, such as crimes suspected of endangering national security, terrorist activities, organized crimes of underworld nature, major drug crimes or other crimes that seriously endanger society; Suspected of intentional homicide, intentional injury causing serious injury or death, rape, robbery, kidnapping, drug trafficking, arson, explosion, throwing dangerous substances and other serious violations of social order or organized violent crimes; Suspected of serious corruption and bribery, or suspected of serious violation of citizens' personal rights by taking advantage of their powers;
These charges do not include the crime of illegally absorbing public deposits.
In addition, those who may be sentenced to more than 10 years in prison will not pass the first trial, and the maximum penalty for the crime of illegally absorbing public deposits itself is only 10 years, so this is also in line.
However, due to the complexity of illegal storage cases, it is generally difficult to file a case in the investigation stage when the facts of the case are not ascertained and the evidence is not fixed. At the same time, due to the complexity of such cases, prosecutors are afraid of the possibility of collusion, which makes it difficult for cases to pass the preliminary examination before filing.
Generally speaking, the application should return to the case itself, not a set of templates.
Therefore, the author believes that the review of the necessity of detention should not only emphasize the social harm, but also proceed from the entity of the case. For example, the criminal suspect's behavior does not constitute a crime, or his illegal deposit behavior is obviously slight, and all the funds are used for production, and all the relevant loans have been returned to the investors, or he is only an accessory who plays an auxiliary role, and his subjective malice and objective behavior are less harmful to society.
Only by proceeding from the case itself can the application for examining the necessity of detention be more powerful.
After preliminary examination, the public prosecutor considers that it meets the conditions for filing a case, and makes a report on filing a case, which shall be filed with the approval of the chief procurator or the deputy chief procurator in charge.