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Law

The 45th batch of guiding cases released by the highest inspection

2023-07-07   

The reporter learned from the Supreme People's Procuratorate today that the Supreme People's Procuratorate recently released the 45th batch of guiding cases, which is also the first batch of guiding cases with criminal protest as the theme. The report of the 20th National Congress of the Communist Party of China pointed out that "strengthening the restriction and supervision of judicial activities, promoting judicial fairness" and "strengthening the legal supervision work of procuratorial organs". The Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era require the comprehensive use of supervision methods such as protest, correction opinions, and procuratorial suggestions to promptly correct problems such as obvious improper conviction and sentencing, and serious violations of trial procedures. The work mechanism for trial supervision should be improved. In order to further implement the above requirements, fully and accurately fulfill the responsibilities of criminal trial supervision, and fully leverage the exemplary and leading role of protest guiding cases, the Supreme Court of Justice lasted for over a year. After initial review, review, repeated revisions, multiple solicitations of opinions, and two discussions by the Supreme Court of Justice Case Guidance Committee, 5 guiding cases were ultimately selected from 315 selected cases in various regions. The five guiding cases are: the second instance protest cases of crimes such as intentional injury by Wang and others; Liu Moumou's second instance protest against drug trafficking; Li's second instance protest against robbery, rape, and forced indecency; Meng Moumou and others organized, led, participated in criminal organization, provoked trouble and other criminal retrial protest cases; The second and retrial protest case of dangerous driving by Mr. Song. The guiding cases selected this time cover a variety of types such as ordinary crimes, major crimes and Juvenile delinquency, including protest cases in the second instance procedure and protest cases in the trial supervision procedure; There are disputes over the application of laws, as well as difficult and complex issues related to factual determination and evidence review and judgment; There are both minor crimes to resist serious crimes and innocence to resist guilt, which is typical and representative. Guiding cases reflect the characteristics of procuratorial organs accurately grasping the conditions and standards of criminal protest, highlighting the important institutional value of the criminal protest system in judicial practice, and highlighting the deep integration of criminal trial supervision and promoting prosecution source governance. A case is worth a dozen files. The head of the Second Procuratorate of the Supreme People's Procuratorate stated that the Supreme People's Procuratorate has issued a notice requiring procuratorial organs at all levels to carefully organize and study guiding cases of criminal protest, attach great importance to the practical application of guiding cases, take the release of guiding cases of criminal protest as an opportunity, continuously strengthen criminal protest work, handle every criminal protest case with high quality and efficiency, and strive to make the people feel fairness and justice in every judicial case. (New News Agency)

Edit:Ying Ying Responsible editor:Shen Chen

Source:jcrb.com

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