Regarding the suspects Song Jie and Feng Chuanjie
Case of suspected infringement of citizens' personal information
Announcements of notices of victims' rights and obligations in criminal proceedings
The case of criminal suspects Song Jie and Feng Chuanjie suspected of infringing on citizens' personal information has been transferred by the Zhongshan Municipal Public Security Bureau to this court for review and prosecution, and according to the relevant provisions of the Criminal Procedure Law of the People's Republic of China, the victim shall be informed of his right to appoint an agent ad litem. Due to the large number of victims involved in this case, a public announcement is hereby adopted to inform the victims of this case that they have the right to retain an agent ad litem, the rights they enjoy during the review for prosecution phase, and the obligations they should perform (for details of the content of procedural rights and obligations, see the "Notice of Victims' Rights and Obligations in Criminal Proceedings of the People's Procuratorate of Zhongshan Second District").
When victims exercise relevant procedural rights, they may submit them in writing to this court. Mailing address: The First Procuratorate Department of the People's Procuratorate of the Second District of Zhongshan City, No. 61 Yuzhou Road, Xiaolan Town, Zhongshan City, Postal Code: 528400.
If you have any questions about the above, please contact us. Contact: Liu Xiaoling, Tel: 0760-22838896.
The effective period of this announcement is to the date on which the court makes a decision after the completion of the time limit for review for prosecution.
The People's Procuratorate of the Second District of Zhongshan City
October 15, 2024
Attach:
The People's Procuratorate of the Second District of Zhongshan City
Notification of victims' rights and obligations in criminal proceedings
1. Rights
1. The right to appoint an agent ad litem
From the date on which the case is transferred for review for prosecution, you or your legally-designated representative or close relatives have the right to retain an agent ad litem.
Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform you or your legally-designated representative or close relatives that they have the right to retain an agent ad litem.
2. The right to request recusal
You and your legal representative have the right to request that procurators recuse themselves in any of the following circumstances:
(1) is a party to the case or a close relative of the party;
(2) The person or his close relatives have an interest in the case;
(3) Those who have served as witnesses, evaluators, defenders, or agents ad litem in the case;
(4) There is other relationship with the parties to the case, which might affect the fair handling of the case;
(5) Accepting hospitality and gifts from the parties and their entrustees;
(6) Meeting with the parties and their entrusted persons in violation of regulations.
You or your legally-designated representative may apply for a reconsideration of the procuratorate's decision to reject the application for recusal.
3. The right to file an attached civil lawsuit
If you suffer material losses as a result of the defendant's criminal acts, you have the right to file an attached civil lawsuit to claim compensation for the losses.
4. The right to appeal against the decision not to prosecute
You have the right to appeal to the procuratorate at the next higher level within seven days from the date of receipt of the decision not to prosecute, and request that a public prosecution be instituted against the procuratorate made by the procuratorate. Where the procuratorate's decision not to prosecute is upheld, you may file a lawsuit in the people's court. You can also file a lawsuit directly with the people's court without appealing.
5. The right to apply for supplementary appraisal and re-appraisal
You have the right to be aware of the appraisal opinions used as evidence and have the right to apply for supplementary appraisal or re-appraisal.
6. The right to use one's own spoken and written language to conduct litigation
You have the right to litigate in your own spoken and written language. If you are not proficient in the local common language, the procuratorate shall provide you with an interpreter.
7. The right to check the record
The record of questioning the victim shall be given to you for verification, and if there are omissions or errors in the record, you may submit supplements or corrections.
8. The right to write a statement by hand
If you request to write your own statement, the procurator shall grant it.
9. The right to know the certificate
When the prosecutor interrogates you, you must present a certificate from the prosecutor's office.
10. Right to sue for infringement
You have the right to file a complaint against the prosecutor for violation of your procedural rights and personal insults.
11. The right to special protection for minors
If you are under the age of 18, you have the right to request that your legal representative be notified of the presence of the prosecutor's question.
12. The right to request a protest
If you and your legally-designated representative are dissatisfied with the first-instance judgment of the people's court, they have the right to request that the people's procuratorate raise a prosecutorial counter-appeal within 5 days of receiving the judgment.
13. The right to provide full evidence
The procuratorate shall ensure that you have the conditions to provide evidence objectively and fully, and that you will keep it confidential. Except in special circumstances, you may assist the prosecution in the investigation.
14. The right to security
The procuratorate shall ensure the safety of you and your close relatives. Where you and your close relatives are threatened, insulted, beaten, or retaliated against, the procuratorate shall transfer them to the public security organs for investigation of criminal responsibility or give you a public security administrative punishment.
15. Privacy
Where your privacy is involved in questioning, procurators shall keep it confidential.
16. Other Rights
The procuratorate shall also protect your other procedural rights and lawful interests in accordance with law.
II. Obligations
1. The obligation to make a truthful statement
Your statement should be objective, you should truthfully provide evidence, and you should be legally responsible if you make false accusations or deliberately commit perjury.
2. Obligation to undergo physical examination
You shall be subject to a physical examination of you by a prosecutor in accordance with the law in order to determine certain characteristics, injuries or physical conditions.
Source: First Public Prosecutor's Department
Editor: Liu Jieying
First trial: Deng Mannan
Second trial: Zhang Yi
Third trial: Li Xiongxu