Light injury cases have "handling guidelines"

2023-03-03

Recently, the Supreme People's Procuratorate and the Ministry of Public Security issued the Guiding Opinions on Properly Handling Minor Injury Cases in accordance with the Law (hereinafter referred to as the Opinions), focusing on improving the quality and efficiency of handling minor injury cases. In addition to the joint release of the Opinions, the Supreme Court of Justice also issued five typical cases, including the "intentional injury case of Jiao and Li". On how to accurately understand and apply the Opinions in judicial practice and properly handle minor injury cases, the relevant heads of the First Procuratorate of the Supreme People's Procuratorate and the Legal Affairs Bureau of the Ministry of Public Security answered the reporter's questions. The proper handling of minor injury cases is related to the people's sense of the rule of law. What is the main reason for the joint issuance of the Opinions by the Supreme People's Procuratorate and the Ministry of Public Security on the handling of minor injury cases? A: Although minor injury cases are "small cases" that occur around the people, whether such cases can be properly handled according to law directly affects the people's sense of the rule of law. If it is handled improperly, it is easy to bury hidden dangers or intensify conflicts, and cause more malignant events. Since 2021, the Supreme Procuratorate has investigated the handling of minor injury cases. After investigation, it is found that local public security organs and procuratorial organs have accumulated a lot of good experiences and practices in handling minor injury cases, but there are also some problems: first, the application of the system of pleading guilty to leniency and criminal reconciliation needs to be further strengthened. According to the investigation, in the cases that the procuratorial organs have made relatively non-prosecution, the proportion of the parties' reconciliation is less than 20%, and the criminal reconciliation rate in some regions is less than 2%, and more than 70% of them are the parties' self-reconciliation. Second, the proportion of complaints and petitions from parties is high. According to the survey, the number of minor injury complaints accounts for about a quarter of the total number of criminal complaints. Third, there are certain deviations in the application of law. These problems have affected the quality and efficiency of handling minor injury cases. The Opinions adhere to the problem-oriented approach, pay attention to the reality, emphasize the combination of leniency and severity as the guidance, and make it clear that those who have serious subjective malignancy, bad circumstances, and seriously affect the people's sense of security should be punished severely according to law; For those who decide not to prosecute, the non-penalty responsibility after non-prosecution shall also be implemented according to the different circumstances of the case. To comprehensively review cases in accordance with the law and actively promote the resolution of conflicts: Would you please introduce the main contents of the Opinions? A: The Opinions is divided into six parts and 24 articles in total. The first part is the basic requirements, including insisting on handling cases strictly in accordance with the law, paying attention to resolving conflicts, managing the source of litigation, and implementing the criminal policy of combining punishment with leniency. The second part is to comprehensively investigate, collect evidence and examine cases according to law. In view of the fact that in judicial practice, we only look at the consequences of injury, but ignore the investigation of the overall situation of the case, such as the cause and background, and the lack of substantive review of the expert opinion, we clearly put forward our opinions on such issues as the expert opinion only looks at the conclusion of the expert opinion, "the only result theory", "who is injured is justified", and how to accurately distinguish the crime of provocation and the crime of intentional injury, accurately distinguish the legitimate defense and the intentional injury of mutual assault, and accurately identify the joint crime. At the same time, for light injury cases in judicial practice

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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