In practice, many joint criminal suspects cannot be brought to justice or escape in time after the court decides to arrest them. Due to the time limit for handling cases, the criminal suspects and defendants who have been brought to justice must be dealt with accordingly, while the criminal suspects and defendants who have been brought to justice and those who have escaped should be dealt with separately.
1982? Year? 4? Month? 5? On, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the Notice on How to Handle Criminal Cases of * * * with an accomplice at large, stipulating that when necessary, detainees and accomplices can be dealt with separately:
"If an accomplice is at large, and the criminal facts of the detainee have been ascertained, and the evidence is true and sufficient, he shall be prosecuted, convicted and sentenced in accordance with the litigation procedures stipulated in the Criminal Procedure Law."
Paragraph 3 of Article 154 of the Criminal Procedure Rules of the People's Procuratorate of the Supreme People's Procuratorate stipulates: "In the same criminal case, if some criminal suspects are at large, they shall be examined and prosecuted according to law."
Extended data:
In China's judicial practice, the application of divisional handling mainly includes the following three categories:
1. Some suspects and defendants are at large.
2. The criminal suspect or defendant is a minor. For the same criminal case involving adults and minors, the case-by-case approach is basically adopted to promote the realization of the criminal trial effect of minors.
Article 20 of the Provisions of the People's Procuratorate on Handling Criminal Cases of Minors also clearly stipulates: "Minors and adults prosecuted by the People's Procuratorate shall be handled separately if they involve the same criminal case, without prejudice to the trial of the case." So this kind of case is based on the principle of divisional prosecution, except divisional prosecution.
3. The criminal suspect or defendant has not been investigated for criminal responsibility. If a criminal suspect or defendant has not been investigated for criminal responsibility, it shall be dealt with separately from the criminal suspect or defendant who needs to be investigated for criminal responsibility in the same case. In some cases of * * * same crime, although the actions of some criminal suspects constitute a crime, they do not need to bear criminal responsibility because the circumstances of the crime are minor and they have not reached the legal age, so administrative punishment and other measures are taken respectively.
Wangdu County People's Court —— Research on the Mechanism of Determining Cases for Crimes and Punishment
People's Court of Jiyang County, Shandong Province —— Analysis on the scope of application of cases of * * * same crime.