Accurate factual evidence to handle ironclad cases
Strengthen the connection between supervision and inspection to solve major cases
Nanchang, Jiangxi: Breakthroughs have been made in the process of innovation in procuratorial and investigative work
"The evidence must be picked one by one, and it must be credible and sufficient."
"Next, we must continue to make efforts to dig deep into how the people involved in the case fabricated facts and concealed the truth."
"The next time you interrogate, you have to pay special attention to the small details."
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A few days ago, in the conference room of the procuratorial and investigation special class of the Nanchang City Procuratorate in Jiangxi Province, a heated case discussion meeting was underway. For the special staff, this has become an important way and work habit for them to clarify their thinking and break through difficulties in handling cases.
"The prosecution rate, guilty verdict rate, and fixed-term imprisonment verdict rate of procuratorial investigation cases are all 100 percent." According to reports, since 2021, the Nanchang Municipal Procuratorate has implemented the "three important" functions of procuratorial investigation into practical actions to maintain judicial fairness and punish judicial corruption, actively strengthened cooperation with supervision organs and other departments, realized the mutual transfer of clues, steadily increased the scale of case handling, and significantly improved the quality and efficiency of case handling.
On May 22 this year, the research team of the Supreme People's Procuratorate came to the Nanchang Municipal Procuratorate for investigation and investigation, and fully affirmed the quality and efficiency of the procuratorial investigation work and the innovation of the mechanism. What are the exclusive "secrets" of the procuratorate's procuratorial and investigative work? Recently, the reporter came to the Nanchang Municipal Procuratorate to listen to the prosecutor of the court tell the story behind the high-quality and efficient handling of the case.
Build a "fissionable" reconnaissance team
"Our team is one big family. Everyone handles cases together, fights together, and writes loyalty to the cause of procuratorial investigation with love and persistence! Whenever I walked into the conference room and saw the six big words "responsibility, diligence and unity" on the wall, Gan Chen, a police officer of the Qingyunpu District Procuratorate of Nanchang City, who was transferred to the investigation team, would feel hot in my heart.
Whether the investigation work is strong or not, the contingent of qualified personnel is the key. After the Supreme People's Procuratorate put forward the work requirements of "intensifying, being sure to get it right, and steadily advancing", the Jiangxi Provincial Procuratorate promptly studied and deployed, and the Nanchang City Procuratorate followed up and implemented, taking the procuratorial investigation work as the "number one" project, with the chief procurator taking the lead and the deputy chief procurator in charge of the specific work.
In May 2022, the Nanchang Municipal Procuratorate established a judicial malfeasance and infringement prosecution command center, and at the same time established a two-level procuratorate investigation talent pool, further improved the integrated investigation and case-handling mechanism, and implemented unified management of clues related to job-related crimes committed by judicial personnel, unified transfer of personnel, and unified handling of cases.
In order to optimize the allocation of personnel, at the beginning of 2023, the Nanchang Municipal Procuratorate took the lead in setting up a special procuratorial investigation team in the province's procuratorial organs. Since 2023, the procuratorate has dispatched more than 100 people from the procuratorates at the two levels to participate in the procuratorial investigation work. "Through the 'mentoring and apprenticeship' mentoring, centralized training, going out to study and sending personnel to the supervision organs to follow the case, etc., a stable procuratorial and investigation team has been cultivated, of which 1 person has been selected into the first-level investigation talent pool of the national procuratorial organs, and 4 people have been selected into the investigation talent pool of the provincial procuratorial organs." Duan Zhiliang, head of the procuratorial investigation team of the Nanchang City Procuratorate, said.
"From a demobilized cadre to a procuratorial and investigative police officer, thanks to the burden of the leadership, I have the opportunity to participate in a large number of self-investigation cases, and I have been handed down by the investigation 'veterans' in terms of clue screening, external transfer and evidence collection, conversation and interrogation, document preparation, etc." Lu Yi, a police officer at the hospital, told reporters.
Under the promotion and coordination of the Jiangxi Provincial Procuratorate and with the approval of the Office of the Institutional Establishment Committee of the Jiangxi Provincial Party Committee, the Nanchang City Procuratorate formally established a case-handling department in June this year specifically responsible for procuratorial and investigative work.
"At present, the average age of the special staff is 33.4 years old, thanks to organizational training and practical training, we are striving to grow into a 'fissionable' team, and strive to make every member have infinite possibilities, and each member can be independent!" Duan Zhiliang said.
Firmly grasp the "lifeline" of case handling quality
The quality of case handling is the "lifeline" for promoting the steady development of procuratorial and investigative work.
"In order to effectively improve the quality and efficiency of clue collection, we have taken the initiative to find valuable clues on job-related crimes from various procuratorial business lines. At the same time, include leads that should have been discovered but not discovered in the course of handling cases, or that should have been transferred but not transferred, in the scope of case quality assessments, to increase the ability of case-handling personnel of each operational department to discover leads on crimes abusing public office related to judicial personnel. Duan Zhiliang introduced that since 2023, the procuratorial and investigation departments have received more and more effective clues transferred by various business lines, and the success rate has reached 89%.
In the course of reviewing a dangerous driving case, the criminal prosecution department of a basic procuratorate in Nanchang found that the evidence provided by the criminal suspect for reporting and capturing a fugitive contradicted the fugitive's verdict that he had voluntarily surrendered, so it promptly transferred the clues to the procuratorial and investigation department of the Nanchang City Procuratorate. After investigation and verification, the procuratorial and investigative personnel found that the fugitive had been arrested and brought to justice, and that the supporting materials for reporting meritorious service and voluntary surrender were all false materials, and that they were all illegally issued by the relevant personnel after being asked to do so. The Nanchang City Procuratorate filed and investigated 4 cases of bending the law for personal gain and 4 people in accordance with the law. After arriving at the case, the persons involved in the case all repented and pleaded guilty and accepted punishment. At the same time, the procuratorate adopted a systematic approach to grasping and grasping the system, handling 10 cases of "fake meritorious service and fake voluntary surrender" of bending the law for personal gain and 11 people.
The procuratorial and investigation team of the Nanchang City Procuratorate discussed a case of suspected bending the law for personal gain.
"In handling cases, we resolutely implement the requirements of 'must be accurate', reasonably deploy personnel, improve the investigation plan in a timely manner, strictly control the case filing, rigorous analysis and argumentation, strict investigation and evidence collection, and synchronize audio and video recordings throughout the process, fully explain the law and reason, ensure the quality of the case, and do it one by one, which can stand the test of history." Duan Zhiliang said that since 2023, 19 people involved in the case have voluntarily confessed within 24 hours, accounting for 90%. So far, the defendants in the case where the investigation has been concluded have all been sentenced to fixed-term imprisonment.
In order to make self-investigation cases "stand, prosecute, adjudicate, and achieve good results", the court actively builds an evidence-centered criminal accusation system, and the criminal prosecution department follows up the whole process of self-investigation cases handled by the procuratorial and investigation departments, focusing on reviewing the validity of evidence from multiple perspectives such as objective evidence, witness testimony, and confessions of criminal suspects; During the trial phase of the case, the investigation department followed up and cooperated, and promptly improved the evidence system according to the needs of the trial allegations. Since 2023, 95% of the cases in which the court has concluded its investigation and pronounced a verdict have reached 95% in the first instance, and the original verdict was upheld after one person appealed.
"The refinement of external investigations, the humanization of interrogations, and the efficiency of cooperation are important 'magic weapons' for handling procuratorial and investigative cases well." Duan Zhiliang introduced that since 2023, 93.3% of the completed cases have been completed in which criminal suspects voluntarily admit guilt and accept punishment, and none of the completed cases involve petitions or petitions, and there is not a single safety incident, achieving good political, legal and social effects.
Play the "big chess" of joint efforts to fight corruption
Whether the connection between supervision and inspection is smooth is directly related to the quality and efficiency of the handling of procuratorial and investigation cases. In this regard, what good experience does the Nanchang Municipal Procuratorate have?
Let's start with an example. In April 2023, when the supervision organ was investigating the bribery case of Li, a leader of a judicial department in Nanchang, they invited the Nanchang Municipal Procuratorate to intervene in accordance with the law, and found that Li was suspected of abusing his power in a batch of false litigation cases handled by the unit. After the clue was transferred to the Nanchang City Procuratorate, the procuratorate quickly launched the integrated investigation and case-handling mechanism, and dispatched the city's procuratorial and investigative backbone forces to form a special case team.
"This case involves a professional field, a long time, and a very difficult investigation." Duan Zhiliang said that after two weeks of solid work, the special case team obtained key evidence of the false lawsuit, broke through the key witnesses, and ascertained the criminal facts of Li's favoritism and abuse of power. During the investigation, the Nanchang Municipal Procuratorate promptly transferred the other bribery clues found by Li to the supervision organs, which were later verified to be true.
In the process of investigating Li's suspected abuse of power, the Nanchang City Procuratorate also found clues that Jiang Moumou, a leader of a judicial department, was suspected of abusing his power. After full communication with the supervision organs, the Nanchang Municipal Procuratorate filed a case for investigation on Jiang Moumou's suspected abuse of power. The handling of the case was strongly supported by the supervision organs, and through the linkage of supervision and inspection, in-depth cooperation and cooperation, the facts of the crime of Jiang Moumou's abuse of power and causing particularly heavy losses to the state were clarified.
At present, the above-mentioned cases of Li and Jiang have all been tried by the court and made a guilty verdict.
"We have focused on the connection between supervision and inspection, strengthened cooperation and cooperation with the supervision organs in the handling of cases of job-related crimes committed by judicial personnel, solved the outstanding problems restricting the procuratorial and investigation work, and enhanced the joint force of anti-corruption work." Wang Yong, deputy procurator general of the Nanchang Municipal Procuratorate, introduced that since 2023, the supervision organs have transferred 5 clues related to crimes committed by judicial personnel to the Nanchang Municipal Procuratorate; In the course of procuratorial investigation and case handling, the Nanchang Municipal Procuratorate found 5 clues about relevant personnel suspected of corruption and bribery, and 8 people, and promptly transferred them to the supervision organs.
The exploration and effectiveness of the Nanchang Municipal Procuratorate in the field of procuratorial investigation have attracted the attention of Feng Fan, a deputy to the National People's Congress and director of Grandall Law Firm (Nanchang). "In recent years, the Nanchang Municipal Procuratorate has handled a number of cases of job-related crimes committed by judicial personnel, and lawyers generally believe that the case-handling procedures are standardized and the rights of criminal suspects have been well protected; The evidence for handling the case is sufficient, and the criminal suspects all voluntarily admit guilt and accept punishment, and the results of the case handling are good. Through the handling of cases, the rigidity of legal supervision has been strengthened and judicial fairness and justice have been safeguarded. Feng Fan said.
(Procuratorate Daily, Ouyang Jing, Liu Rongsong, Xiong Yuming, Duan Zhiliang)