Since the beginning of this year, all localities have adhered to the combination of substantive investigation and procedural investigation, and in accordance with the requirement of "seeing people and seeing things and seeing evidence", they have thoroughly searched all kinds of problems in the process of handling cases case by case, thoroughly rectified the stubborn diseases such as "serving sentences on paper" and dug deep into the judicial corruption behind the thorough investigation.
"Serving a sentence on paper" has a bad influence and seriously weakens the credibility of political and legal organs.
Zhu Mouyu, vice president of Binzhou Branch of Shandong Dezhou Bank, was sentenced to fixed-term imprisonment of 14 years for fraud in April 2020, but he continued to escape in the name of "medical parole" after being sentenced. During the education and rectification of the national political and legal team, the problem case was corrected and the court ruled that Zhu Mouyu was put in prison.
Judging from the publicly exposed cases of illegal "temporary vacation reduction", some prisoners forged key evidence such as inventions and medical records. For example, Sun's parents helped Sun to seek medical treatment illegally by forging medical records, which led to Sun's failure to go to prison after being sentenced. After committing the crime again, he asked Luo, the former inspector of the Yunnan Provincial Department of Justice, Zhu Xu, the former deputy director of the Yunnan Provincial Prison Administration, and others to add points for Sun's violations, select "labor reform activists", and use utility model patents that were not his inventions to identify significant contributions and help him reduce his sentence.
What is the requirement of limitation of action?
1, there must be a claim. Limitation of action is a restriction on the right of claim. Without the right of claim, it is impossible to apply the statute of limitations.
There must be the fact that you are lazy to exercise your rights. The limitation of action is to urge the obligee, in fact, to protect the obligor. If the obligee slowly exercises his rights within a certain period of time, and there is no other reason to interrupt or suspend the limitation of action, it will take legal effect.
The fact that you are lazy to exercise your rights persists, which leads to the expiration of the limitation period. Expiration is sometimes called the end of the limitation of action and the completion of the limitation of action. When the limitation of action expires, the obligee's right to win the case will automatically disappear. If there is a fact that the limitation of action is interrupted or suspended, the limitation of action can be "extended", that is, it can be recalculated when it is interrupted, and it can be continued after the suspension period is lifted when it is suspended.
Legal basis:
Criminal law of the people's Republic of China
Article 87 Crimes committed during the limitation period of prosecution. No further prosecution after the following time limit:
(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;
(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;
(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;
(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
Article 88 Extension of the time limit for prosecution. Those who evade investigation or trial after the people's procuratorate, public security organ or state security organ files a case for investigation or the people's court accepts the case are not limited by the time limit for prosecution.