Standardize the handling of personnel involved in job-related crime cases
2022-03-09
Job-related crime cases often involve many people and have a wide range of social impact. Doing a good job in the handling of job-related crime cases is an important embodiment of the organic unity of the "three effects" of investigating and handling cases, and an inevitable requirement for the high-quality development of discipline inspection and supervision. During the trial, it was found that the handling of some cases involved personnel was not timely, balanced and accurate, which affected the quality of the case. Attention should be paid to it, and the handling of the involved personnel should be done in strict accordance with the regulations for the implementation of the supervision law of the people's Republic of China and the opinions on further promoting the investigation of bribery and bribery. The discipline inspection and supervision organ investigating and handling the main case shall make overall plans for the handling of the personnel involved First of all, we should adhere to the "one game of chess" of main cases and related cases to avoid the tendency of emphasizing main cases over related cases. The examination and investigation department investigating and handling the main case should pay attention to strengthening the guidance on the examination and investigation of related cases at the same time, guide the discipline inspection and supervision organ handling related cases to find out the subject identity, motivation, purpose, means, harmful consequences, nature of behavior, confession and repentance attitude of each person involved according to law, and provide the basis for accurately putting forward the handling opinions of the persons involved in the main case. Secondly, it is necessary to keep the pace of the handling of the personnel involved, so as to avoid the inconsistent handling standards and unbalanced scales of the personnel involved. For the personnel involved in the examination and investigation of the designated discipline inspection and supervision organs at lower levels, the examination and investigation department investigating and handling the main case shall strengthen communication with relevant units, timely grasp the progress of the examination and investigation, and timely put forward handling suggestions in important links such as the application and release of retention measures and whether to transfer to prosecution. When the main case is transferred for trial, it also puts forward suggestions on the handling of the investigated person in the related case, so as to avoid that the superior discipline inspection and supervision organ has not put forward handling opinions on the investigated person in the main case, and the subordinate discipline inspection and supervision organ has transferred the investigated person in the related case to the judicial organ for handling, resulting in the inconsistency of the handling standards of the persons involved before and after the transfer of the main case, Or a number of people involved in a main case are unbalanced due to being handed over to different discipline inspection and supervision organs for investigation and punishment. Finally, we should strengthen communication and coordination and reduce the differences of opinions between the personnel involved in mutual cases. For the cases filed and investigated by the procuratorial organ and the public security organ in the mutual involved cases, the supervisory organ shall strengthen the communication with the procuratorial organ and the public security organ, and implement the overall coordination role dominated by supervision on the premise that they handle the cases according to their functions and powers according to law, so as to ensure the synchronous investigation and investigation of the cases and the synchronous transfer of the cases for examination and prosecution. Accurately apply discipline and law, and always adhere to the main tone of strictness in the handling of the persons involved First, we should accurately identify the nature of behavior. The discipline inspection and supervision organs shall handle the personnel involved in job-related crime cases in accordance with regulations, discipline and law, accurately identify the nature of behavior, and strictly distinguish between crime and non crime. Frequently encountered problems, such as whether the person under investigation and the person under investigation are suspected of taking bribes jointly, should be determined according to whether the person under investigation and the person under investigation have collusion in taking bribes jointly; Whether the briber is suspected of the crime of offering bribes should be comprehensively determined according to the amount of bribes, whether the interests he seeks violate laws, regulations, rules and policies, or violate the principles of fairness and justice, seek competitive advantage in economic, organizational and personnel management activities, whether he is blackmailed to give property to national staff, whether he actually obtains illegitimate interests and other factors. Second, we should clarify the primary and secondary responsibilities. We should clarify the size of their respective responsibilities according to the degree of involvement in the crime and the role they play in the crime. We can neither mechanically enforce discipline and law, nor simply degrade them. The treatment of specific related persons should be based on whether they actively participate in the crime or carry out helping behavior under the direction of the investigated person; The treatment of bribers should be based on whether they hunt actively or are asked for bribes; Party members and cadres who accept the entrustment of the investigated person to help others seek benefits shall be dealt with separately according to whether their behavior violates laws and regulations and causes serious harmful consequences. Third, we should strictly put forward suggestions on lenient punishment. Article 32 of the supervision law clearly stipulates the proposal of lenient punishment for those involved in job-related crimes. In practice, we should strictly grasp the situation of proposing lenient punishment for the personnel involved, so as to avoid the randomness of application. It is not only necessary to make a substantive judgment on whether the persons involved meet the conditions for lenient punishment in accordance with Article 218 of the regulations for the implementation of the supervision law, but also to examine whether the persons involved have bad behavior and serious harmful consequences. If it is a bribery that has been investigated and dealt with for many times or a large amount of bribery, it is necessary to be cautious to put forward lenient punishment suggestions. Use policies and strategies to improve the accuracy and effectiveness of the handling opinions of the personnel involved Highlight the key points and accurately put forward the handling opinions of the personnel involved. There are many people involved in job-related crimes, and the situations involved are more complex. The treatment of the people involved should be focused, accurate and effective. First of all, the "five types of bribery" clearly focused on the investigation and punishment in the opinions on further promoting the investigation of bribery and bribery should be severely punished and resolutely cracked down. Those who should be filed should be resolutely filed, those who should be dealt with should be resolutely dealt with, and the punishment and deterrence should be continuously strengthened. Secondly, we should manage cadres well. We should strictly enforce the standards of discipline and law in dealing with Party members and cadres, especially leading cadres, involved in job-related crime cases. Those who violate discipline and law against the wind after the 18th CPC National Congress should be dealt with seriously, reflecting the more stringent requirements in the future. Temper justice with mercy to improve the comprehensive effect of investigating and handling cases. Both the regulations on Party discipline and the supervision law clearly stipulate that discipline and state supervision work should adhere to the principle of combining punishment with education and tempering justice with mercy. When dealing with personnel involved in job-related crimes, discipline inspection and supervision organs should deal with them according to the nature and circumstances of the behavior of the personnel involved. Those who should be transferred should be resolutely transferred and will not be tolerated; If the circumstances are relatively minor, it may not be transferred for prosecution after examination and approval. We should accurately apply the law and make full use of policies and strategies to achieve the purpose of accurate punishment, education and rescue and promoting governance through cases. Strictly abide by the working procedures and control the risk points in the handling of the personnel involved The discipline inspection and supervision organ shall handle the personnel involved in the case in strict accordance with the working procedures, control the internal risks, and the review and investigation, case supervision and management and case trial departments shall supervise and restrict each other in the handling of the personnel involved, so as to ensure that the handling of each personnel involved in the case is fully demonstrated, collectively studied, deliberated and decided in accordance with the procedure. The review and investigation department shall put forward handling suggestions to all personnel involved and transfer them to trial. The examination and investigation department shall, on the basis of comprehensively and objectively finding out the facts of violation of discipline and law and the relevant circumstances of strictness and leniency of the persons involved, collectively study and put forward handling suggestions for all the persons involved, and transfer them to trial together with the main case examination and Investigation Report and other materials. The handling suggestions include: the basic information of the persons involved, the process of arriving at the case, the facts involved, the nature of behavior, understanding attitude, handling methods, etc. The case handling department shall review and check the handling of the personnel involved. The case handling department shall handle the handling of the persons involved in the case together with the main case, strictly review and control, collectively study and form opinions, and submit them to the meeting of the Standing Committee of the Commission for Discipline Inspection for collective deliberation and decision. The case supervision and management department should strengthen supervision. After the Standing Committee meeting of the Commission for Discipline Inspection collectively deliberates and decides on the handling opinions of the persons involved, the case supervision and management department shall urge the relevant departments to timely transfer the relevant persons involved to prosecution, give Party discipline and government sanctions or organize handling, criticize and educate, enter them into the briber information database, etc. according to the regulations, issue the description on the handling of the persons involved to the procuratorial organ and notify the relevant units, Ensure the timely and accurate implementation of the handling opinions of the personnel involved in the deliberation and decision of the Standing Committee of the Commission for Discipline Inspection. (Dai Jie, author: Hubei Provincial Commission for Discipline Inspection and supervision) (outlook new era)
Edit：zhouting Responsible editor：wenting
Source：ccdi.gov.cn
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