Building a Minor Crime Governance System through "Mechanism Innovation+Digital Empowerment" Shenzhen Bao'an: Actively Exploring a New Path to Modernization of Minor Crime Governance
2023-07-13
I made a mistake this time and am willing to accept legal punishment. I am grateful to the procuratorate for giving me the opportunity to reform. Liang, who is suspected of dangerous driving, is the first person in the Bao'an District Procuratorate of Shenzhen City, Guangdong Province to apply the pre litigation social welfare service mechanism. This case is also a vivid practice of the Bao'an District Procuratorate in Shenzhen, which adheres to the equal emphasis on crime and governance, and promotes the modernization of misdemeanor governance. The report of the 20th National Congress of the Communist Party of China emphasizes the improvement of the social governance system and the enhancement of the level of rule of law in social governance. As the grassroots court with the largest number of cases handled in Shenzhen, in recent years, the Bao'an District Procuratorate has handled over 92% of cases of misdemeanors under three years. How to focus on the governance of minor crimes and achieve the transformation from "punishment" to "governance"? Based on judicial practice, the Bao'an District Procuratorate actively explores and extends its social governance function of preventing and reducing crime by actively promoting the governance of litigation sources. In the governance of minor crimes, it strives to improve the level of legalization of social governance and demonstrate the procuratorial responsibility. We have been exploring the reform of the integrated management mechanism of the criminal prosecution system since May 2020, using an intensive case handling model to optimize the allocation of judicial resources and improve the efficiency of litigation for minor crimes, "the head of the First Procuratorate Department of Bao'an District Procuratorate told reporters, For cases involving early intervention in public security organs for investigation, while guiding investigation and evidence collection, suggestions for subsequent diversion of arrest and prosecution should be put forward. Afterwards, a dedicated person will be responsible for the complexity and simplicity of the case, and the "simple" cases of misdemeanor and confession of guilt and punishment will be transferred to the First Prosecutorial Department for processing; For highly specialized minor crime cases such as "complex" intellectual property crimes, a case handling team should be established. On the basis of diversion, the handling should be categorized to achieve the organic unity of professionalism, simplicity, and quality and efficiency. The entire process of handling cases should be intensive, achieving the track based handling of minor crime cases. "Prosecutor, after seeing the evidence you presented, I fully agree with the legal opinion proposed by the defender, and I voluntarily plead guilty and accept punishment." In the witness of the defender, the suspect signed a written statement of confession and punishment. This is a scene when the Bao'an District Procuratorate is carrying out evidence disclosure work. In January 2021, Bao'an District Procuratorate and the District Judicial Bureau countersigned the Implementation Opinions on Evidence Disclosure in Criminal Cases, taking the lead in exploring the evidence disclosure system in Shenzhen, and further guaranteeing the right to know of suspect and the voluntariness and authenticity of pleading guilty and punishment by revealing case evidence materials to suspect and their defenders. When exploring this system, the hospital paid more attention to the role of evidence disclosure in the education and transformation of confession, and guided suspect who did not plead guilty or had repeated attitudes to plead guilty to choose to plead guilty to punishment through the display of evidence "cards". Since 2021, the conversion rate of confession and punishment in the court has reached about 75%, and the application of leniency system for confession and punishment has been solidly promoted. The establishment of the "Three Openness" mechanism of pre litigation public service to promote education and probation "through the investigation of social public service, repair the social relations damaged by previous criminal acts with public welfare acts that are beneficial to others and the society, which is conducive to promoting the transformation of suspect from heteronomy to self-discipline, and promoting social harmony." Relevant responsibilities of the Bao'an District Procuratorate
Edit:Ying Ying Responsible editor:Shen Chen
Source:jcrb.com
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