1. The case management mechanism for "arrested fugitives" is not sound.
First, when reviewing cases, the procuratorial organs and public security organs focus on whether the criminal suspect is guilty enough, what crime constitutes it, and what kind of criminal punishment he should receive. *The criminal facts of the fugitive co-defendants did not attract great attention, and basically no other means were used to investigate the criminal responsibility of the fugitives. In recent years, various types of crimes have been on the rise, which has intensified the work of judicial agencies. The public security organs have achieved certain results in this year's net closing operation, but most of them have focused on major cases and cases with certain social impact. The fugitives in ordinary cases have not yet attracted great attention, leaving some fugitives in society. Criminal suspects who commit crimes again and cause serious hidden dangers to social security are at large.
Secondly, there is no relevant registration and tracking system for "reported fugitives" cases, resulting in an uncertain number of "reported fugitives", unclear case details, and online fugitives being lost in legal documents. There are no specialized personnel responsible for regularly sorting out and screening late-stage fugitives who are "arrested on the run". Public security agencies mostly rely on waiting, reporting by victims or family members, and arrests by public security agencies in other places to pursue "arrested on the run" criminal suspects. There is poor communication among the public, prosecutorial and legal agencies and information asymmetry.
2. Cases "handled separately" have no rules to be found.
Our country’s criminal law only stipulates the "Procedural Provisions for Public Security Organs to Handle Criminal Cases" for wanted fugitives, and further clarifies the wanted order in the "Criminal Procedure Law", but it does not involve the *** and the crime in this case. handled separately. The Criminal Procedure Rules of the People's Procuratorate stipulate: "****, if some criminal suspects are at large, before they are transferred for review and prosecution, the public security organs should be required to take necessary measures to ensure that the fugitive criminal suspects are present at the case. The prosecution proceeds as usual. "The content of this provision lacks operability and there is no procedure for the public security organs to handle the case. The content of this provision lacks operability, and there are no corresponding provisions on the case-handling procedures of public security organs, so it does not play its due role in practice. After the public security organs request for arrest and transfer for prosecution, "handle another case" whether to take corresponding measures against the criminal, there is no relevant material in the case file, and the procuratorate cannot supervise. After the case was settled, there was no relevant feedback information. The reasons are as follows: First, the current laws, regulations, supplementary provisions, and interpretations do not have clear standards for the application of "separate handling" cases, which results in the public security organs being very arbitrary when applying "separate handling" cases, handling cases based on experience, and lax enforcement. Unfair law enforcement, ineffective combating of crime, and unfair law enforcement. The ineffective fight against crime and the indulgence of criminals have resulted in the situation of "handling another case"; secondly, the review of the case by the public security organs, procuratorial organs, and courts is at different stages of litigation. Due to the passage of time and the adjustment of personnel, the determination of the facts of the case and the Differences arise in the application of the law, resulting in unclear responsibilities and ineffective supervision.
2. Countermeasures and Suggestions
1. If supervision cannot be strengthened in cases of "arrested fugitives", such cases will not be handled according to law for a long time, and some criminal suspects involved They even evade legal sanctions by being "arrested and on the run". The supervision of "arrested fugitive" cases must attract the attention of relevant departments, establish relevant mechanisms, and implement measures in their work.
First of all, strengthen the awareness of legal supervision and improve the level of legal supervision. Strengthen the supervisory function of the procuratorial organs, establish prosecutors' awareness of supervision of functional departments, fully understand the importance of strengthening supervision of "approval of fugitive arrests" cases, overcome ideas that affect departmental relations in supervision work, and enhance their sense of responsibility and consciousness in police supervision sex. When necessary, carry out special training for supervising police officers to improve the theoretical level and professional skills of supervising police officers, update the knowledge structure, and improve the overall supervision level of the team.
The second is to establish a "catching of fugitives" account and strictly supervise the procedures for "catching fugitives". Establish an information ledger for criminal suspects or defendants who are "arrested at large", specifying the nature of the case, the person responsible for the case, the basic information of the criminal suspect, the planned results, etc., and assign a dedicated person to be responsible for supervision. The public security organs are required to provide proof of escape from the fugitive’s family members, village committees, communities, and police stations where their household registration is located. For cases of "fugitive pursuit and arrest", prosecutors regularly or irregularly go to the investigation agencies to check and supervise whether the captured fugitives go online to pursue their escape. Urge the public security organs to promptly capture fugitive criminal suspects, prevent the loss of cases, and ensure that "arrested and fugitive" criminal suspects are fairly punished in accordance with the law. At the same time, the cooperation between the procuratorial organs and the investigation agencies on the issue of "escape arrest" should be strengthened and responsibilities should be clarified. The procuratorial organs and investigative agencies exchange information and report the situation regularly. Promptly and effectively collect evidence of suspected crimes of "at-large" persons. Investigative agencies must intensify efforts to pursue fugitives, promptly implement their responsibilities for arresting criminal suspects, and promptly transfer those who constitute crimes for review and prosecution.
2. In order to ensure the correct implementation of the law, ensure the fair enforcement of the law, put an end to the phenomenon of "ignoring another case" and prevent the emergence of new judicial corruption, we are currently improving the law and establishing a supervision mechanism for "handling another case". Imminent. According to the provisions of Article 87 of the Criminal Procedure Law, the People's Procuratorate shall allow the investigation department to formulate a written explanation of the "handling of another case" and include it in the file. If the reasons stated are untenable, the procuratorial organ shall immediately put forward corrective opinions and issue procuratorial recommendations. "Handling another case" is institutionalized, legalized and procedural.
First of all, standardize the application of "separate treatment". At present, in our country's criminal procedure system, there is a lack of necessary provisions for "handling another case", and there are no laws, regulations or judicial interpretations to regulate it. However, it is generally believed that there are mainly the following situations: 1. In the case of *** the same crime, the crime Some of the suspect's criminal facts have been ascertained and the investigation has been completed. They can be transferred for preliminary review and prosecution, and "handled in another case" shall be applied to criminal suspects who have not been brought to justice after the investigation has been completed; 2. The criminal suspect is at large but has not been brought to justice, and other criminal suspects are When the criminal facts have been ascertained and the statutory period of detention has expired, the fugitive criminal suspect can be treated as a separate case when applying for approval for arrest or filing a public prosecution; 3. "Separate case" is due to the needs of jurisdiction and mainly refers to the "Separate cases" based on factors such as regional jurisdiction, hierarchical jurisdiction, and functional jurisdiction. At the same time, a "divided case" review and approval mechanism must be established.
Secondly, comprehensively guide investigation activities, insist on early intervention in major cases, and ensure that all criminal evidence of the persons involved is collected, fixed, and improved as soon as possible. This can not only ensure quality and win the time limit, but also avoid situations where the facts of some persons involved are unclear, the evidence is insufficient, and the case is handled separately. The procuratorial organs must strengthen supervision of "handling separate cases." 1. Strengthen the review and supervision of "handling another case" during the review, approval of arrest, and review of prosecution; 2. Establish a tracking and supervision system for "handling another case".
It is necessary to establish a tracking and supervision form or case handling card for "handling another case", and the persons in charge of the investigation supervision and public prosecution departments must promptly grasp the tracking and supervision situation and strengthen communication between prosecutors and arrests; 3. Carefully study and carry out special inspections or special supervision work on "handling another case" in a timely manner, and formulate countermeasures. The implementation of special supervision work has laid a solid foundation for formulating countermeasures, establishing rules and regulations, and improving supervision mechanisms.
At the same time, through the confessions of co-defendants, communication records and other information, an information database for "handling another case" was established. It not only plays an important role in hunting down fugitives and punishing crimes in accordance with the law, but also provides efficient and convenient conditions for the procuratorial organs to carry out supervision. It also avoids the disadvantages of "handling another case" and the difficulty of preserving, managing, and transferring files and documents. The public security, procuratorate, and law enforcement agencies must regularly exchange information, promptly update the relevant content of the information database, establish and improve systems, and standardize the "handling of separate cases" and its supervision mechanism. On the basis of intensifying research and summarizing experience, the procuratorial organs must clarify and standardize the supervision procedures for "handling another case", and establish a working mechanism for mutual supervision and restriction among the public, prosecutorial and judicial organs on "handling another case" to ensure that crimes are cracked down in accordance with the law and promote justice. Judiciary, maintain social harmony and stability. Maintain social harmony and stability.
The People’s Procuratorate is a legal supervision agency stipulated in the Constitution. Based on its procuratorial supervision functions, it shall carry out legal supervision of criminal proceedings in accordance with the law and effectively safeguard legal fairness and justice by clarifying applicable conditions and standardizing supervision procedures. . By improving the supervision of "approval of fugitives" and "disposal of separate cases", we can promote the overall improvement of supervision work, increase the coordination and cooperation between public, prosecutorial and legal agencies, form a joint force to crack down, improve the effectiveness of the supervision of the procuratorial organs, and ensure that criminals are brought to justice Sanctions to ensure that criminals are punished by law, to ensure that criminals are punished by law, to ensure that criminals are punished by law, to ensure that criminals are punished by law. The law can ensure social harmony and stability. (Author's unit: Baota District Procuratorate of Yan'an City)