Why was the case investigated by Langfang police in different places? In this regard, Xu Hao, a lawyer of Beijing Shi Jing Law Firm, analyzed that the main reason for "off-site jurisdiction" is that "on-site investigation, prosecution or trial" of a case may lead to "overall avoidance of local investigation, prosecution or trial organs", so it is necessary to switch to "off-site jurisdiction" to ensure the fairness of case trial.
What are the general requirements for off-site investigation?
On the evening of June 1 1, Yang Guang Branch of Langfang Public Security Bureau of Hebei Province issued a circular, and the case was put on file for investigation by Yang Guang Branch of Langfang Public Security Bureau according to the jurisdiction designated by the provincial public security department.
Shen Teng, director of Beijing Shuaihe Law Firm, said that there are several situations in investigating cases in different places. First, the background of the case and the background of the people involved are complex, which can greatly eliminate interference in different places; Second, the case itself or the people involved have certain relations or interests with some local forces, and handling cases in different places can eliminate resistance; Third, the act of seeking trouble belongs to the crime of territorial jurisdiction, and handling cases in different places may involve complex issues other than seeking trouble, such as organized crime by black and evil forces and the "protective umbrella" of black and evil forces. Therefore, handling in different places is conducive to finding out the reasons, background and many factors involved.
Xu Hao also said that in practice, similar triad-related cases will be designated by higher authorities, and at least the first-level public security organs will conduct cross-regional investigations. After the investigation, the cases will be prosecuted and tried in the designated areas. The case was put on file for investigation by Langfang public security organs, which means that the case is very complicated and may be committed by evil criminal gangs. On the other hand, in order to eliminate the factors that may affect the fair handling of the case and make the case more open, fair and transparent, the investigation and handling in different places are carried out.
He also said that in judicial practice, designating different jurisdictions in criminal case investigation can play a positive role in correctly, timely and fairly handling special cases (such as triad-related cases and major duty crimes), improving litigation efficiency, strengthening the crackdown on crimes, protecting citizens' legitimate rights and interests, realizing judicial justice and maintaining social harmony.
What is the difference between criminal detention and arrest?
According to the latest police report, Yang Guang Branch of Langfang Public Security Bureau has arrested nine suspects. What is the difference between criminal detention and arrest? In this regard, Xu Hao said, the difference between the two is that the legal conditions are different, and the authority that has the right to decide on detention and the authority that has the right to approve the decision on arrest are not exactly the same, and the detention period is also different.
Xu Hao explained that the condition of criminal detention is that the object of detention is a flagrante delicto or a major suspect; There is a legal emergency. The above two conditions are met at the same time before detention. The condition of arrest is that there is evidence to prove that there is a criminal fact; May be sentenced to more than fixed-term imprisonment; Measures such as residential surveillance are not enough to prevent social danger, but arrest is necessary. The above three conditions must be met at the same time to arrest.
He said that ordinary criminal cases are decided and executed by public security organs. If it is necessary to detain a criminal suspect in a case directly accepted by the people's procuratorate, it shall be decided by the people's procuratorate and executed by the public security organ. The people's procuratorate has the right to decide on arrest. As for the detention period, the longest detention period is 37 days, and the detention period after arrest is the whole legal time limit for handling cases.
Tangshan speaks again: be strict and quick, and be severely punished according to law
According to the "Tangshan+"client news, on the evening of June 1 1, Tian, the mayor of Tangshan and the chief commander of the municipal epidemic prevention and control headquarters, presided over the meeting of the city's epidemic prevention and control headquarters and the key work dispatch meeting.
The meeting stressed that in view of the malicious wounding incident in barbecue shops, we should severely punish it from time to time according to law, carry out in-depth special actions of "looking back" to eliminate evils, maintain the situation of severely cracking down on high pressure according to law, continue to deepen the comprehensive management of social security, seek justice for the injured, restore peace for the citizens and maintain social stability.