Bribery and bribery together!SPP said 16 “strict” in a row at this meeting

2022-04-27 0 By

The criminal procuratorial work ranks first among the “four procuratorial” functions.Recently, the national procuratorial organs held a teleconference on criminal prosecution work, described the most core, the most basic business of the procuratorial organs of the “road map forward”.”Strictly, strictly, severely, strictly, strictly…”Jun Chang ‘an found that in the press release of the SPP, the word “strict” appeared 16 times, releasing a clear signal of the development of criminal prosecutorial work — crack down on crimes endangering national security and serious violent crimes, the wording of the meeting was resolute — crack down.Will be held in 2022 the party’s top twenty, is our party into the all-round construction of socialism modernization country, into the second goal in one hundred an important time for the new journey, at a very important congress was a great event in the party and the country’s political life, the work of political science and law must be held for the victory of the conference to provide strong legal support.The meeting called for firmly grasping the main line of serving and ensuring the party’s 20th National Congress, fully performing criminal prosecutorial functions, and unswervingly giving top priority to safeguarding national political security.In this regard, the meeting mentioned four specific tasks: – Cracking down on crimes endangering state security and serious violent crimes in accordance with the law;– Carrying out regular campaigns against gangs and evil;– Punishing economic crimes according to law;– We will apply special procedures such as handling of job-related crimes and trial in absentia for confiscation of illegal gains.Strict supervision of criminal procedure supervision covers the whole process of criminal procedure and plays an important role in the overall pattern of procuratorial supervision in the new era.For reinforcement of criminal procedure of the “strict”, the meeting with an eye to make win-win together, safeguard judicial justice, and put forward the procuratorial organs at all levels to implement the central committee of the CCP about to strengthen the new era of procuratorial organ’s opinions on legal supervision work, and communities in reinforcement of criminal proceedings, insist to supervision, supervision, supervision precision.At the same time, a set of criminal procedure supervision data was released at the meeting, which vividly reflected the development trend of criminal prosecutorial work. In 2021, the data of cases filed and cases withdrawn by procuratorial organs under supervision and investigation organs increased year-on-year respectively.The adoption rate of protest opinions increased by 15.3 percentage points year-on-year, and the withdrawal rate decreased by 2.5 percentage points year-on-year. The adoption rate of protest opinions in Sichuan and other places reached more than 80%.The involvement and guidance of procuratorial organs increased by more than 70 percent year on year, and the self-supplementary investigation increased by 2.6 times. The rate of withdrawing prosecution and acquittal was on the decline.The meeting specifically mentioned a special institution – the Procuratorate of the China Securities Regulatory Commission.Officially established in September 2021, the agency is a powerful measure taken by procuratorial organs to crack down on securities crimes in accordance with the law.In order to further play the function of strict crackdown, the meeting made work arrangements for the construction and development of the procuratorial office of CSRC.In the aspect of working mechanism, the meeting asked the agencies securities regulator, the investigation organ and the beijing-shanghai, Hong Kong and build closer ties, fully implemented early intervention, combined case, the case in consultation with the source, the execution cohesion, corporate compliance, governance functions, such as full play to the procuratorial supervision in promoting perfect regulation, guarantee the healthy development of capital market.In executing level in accordance with the meeting request on case, increase the intensity of securities crime, perform the procuratorial leading responsibility, strengthen the whole chain proceeding of securities crimes, synchronous review the company controlling shareholders, actual controllers, with staff, outside intermediaries are suspected of a crime, the synchronous examination and money laundering clues, found the crime clues, require the public security authorities to initiate an investigation,If the evidence is indeed sufficient, direct prosecution shall be instituted.Strict examination of evidence is the foundation and core of criminal procedure.The standardization of evidence review is the key to ensure the quality of cases.For how to ensure the quality of arrest and prosecution cases, the meeting put forward three requirements: – improve the evidence review method;– Strengthening the examination and application of evidence;– Strictly excluding illegal evidence.For evidence review and treatment, the meeting proposed two “strengthening”, directly aimed at the specific problems of suspects recanting confessions in judicial practice: to strengthen the review of word evidence, correctly treat the phenomenon of suspects and defendants recanting confessions;We will strengthen the substantive handling of post-examination cases. If there are problems in the evidence system determined after examination and a case cannot be settled, we will make a firm decision not to approve arrest or prosecute in accordance with the law.It is worth noting that for the “strict” evidence, the meeting also specially emphasized the “change” of evidence examination, proposed to change the previous closed written examination mainly examination way, emphasized “in person” and “in person”, and effectively improve the ability to find unsubstantiated evidence:In major cases, especially when the suspect recants his confession or there are major doubts about the facts and evidence, the personnel handling the case shall visit the scene of the crime to conduct a resurvey, investigate and review relevant evidence in person, and refer to the internal investigation files of the investigation organ.Strict investigation of bribery adhere to bribery together, is an important social concern.Last year, the Central Commission for Discipline Inspection, the National Supervisory Commission, the Supreme People’s Procuratorate and other units jointly issued the “Opinions on Further Promoting the Investigation of Bribery and Bribery”, which fixed the party’s important arrangements as an iron system.How to reflect “strictness” in investigating and dealing with bribery crime?The meeting came up with specific measures from the aspects of ideological understanding, policies and strategies, and the performance of duties in accordance with the law: — For bribery crimes of a large amount of money, long-term, repeated hunting and corrosion of Party members and officials of a serious nature and bad impact, we must step up efforts to investigate and prosecute, and promote anti-corruption efforts to address both the symptoms and root causes.– We need to focus on key areas. For example, we need to firmly punish those who do not stop or rein in after the 18th NATIONAL Congress of the CPC to form a strong deterrent.– If it is found that the briber shall be investigated for criminal responsibility, the clues of the crime shall be transferred to the supervisory organ to handle major cases, and full attention shall be paid to the treatment of the briber at the stage of early intervention.Strict disposal at present, regardless of the economic and financial crime, new network crime, or a traditional line of violent crime, bribery crime, the criminal not only seize huge economic interests, more calls, we will continue to implement the crime through the accumulation of capital, and even a certain intention illegal control industry, specific market, this not only seriously infringe on the property rights and interests of the people,More hidden harm to national security, social stability of major risks.In view of the characteristics of various types of crime to increase the profit obviously, the meeting of the involved property disposal also put forward more strict requirements, can be popular with “punishment” and “chase” two aspects to understand: – “punishment” is to increase the property penalty applicable sentencing suggestions.At the same time of applying the main penalty, we should increase the application and execution of penalty of fine and confiscation of property;– “Recovery” means to make the recovery of stolen goods more effective.Adhere to the principle of full recovery, put the recovery of stolen goods through the whole process of handling the case, attach great importance to the use of anti-money laundering and other means to find and transfer the clues of the assets involved, timely urge the public security organs to seal up, detain and freeze, avoid missing recoverable assets, avoid the hidden transfer or damage of the assets involved.At the same time, the strict disposal of the involved property in accordance with the law is also reflected in the strict requirements of the procuratorial system.The meeting stressed that the disposal of the property involved should be strictly in accordance with the law, and the seizure, seizure and freezing of property beyond the limits of authority, scope, amount and time limit should be strictly prohibited. The property involved in the settled cases should be handled in a timely and standardized manner, so as to avoid harming the legitimate rights and interests of the parties involved for a long time.Balancing justice with mercy is an important criminal policy.The meeting stressed the importance of being strict and being lenient.Such as meeting in “the prudent in v. detain” less highlighted again, insist “politically” this work, the implementation of tempering justice with mercy, to distinguish the situation, the distinction between, the minor criminal cases, pleaded guilty to forfeit their cases, minors and the elderly and students crimes as a key policy applies, in accordance with the law can not catch can not catch, v. v.,Maximize the effect of the case.In the punishment of bribery crime put forward, to accurately grasp the non-crime, leniency of the situation, for the normal business activities in violation of the provisions of the state to pay “kickback” “commission”, the so-called “do not give money do not act”, there is a report to expose or cooperate with the fugitive recovery of stolen money and other circumstances briber, can be leniency in accordance with the law.In dealing with the property involved, it is required to actively use the system and policies such as pleading guilty and being lenient, arresting less and carefully suing, taking the return of stolen goods and compensation as an important condition for not prosecuting, lenient punishment or determining the range of leniency, urging and guiding the criminal suspects to take the initiative to return the stolen goods and compensation.An Jian, chief of the Central Political and Legal Commission of Lord Chang ‘an