The Supreme People's Procuratorate recently released the 52nd batch of guiding cases. This batch of guiding cases clearly states that substantive review should be conducted when handling reconsideration and review cases. Attention should be paid to listening to the opinions of the public security organs, fully explaining the facts of the case, the reasons and legal basis for non arrest and reconsideration decisions, and promoting the formation of consensus. If the higher-level procuratorate handles a case of non prosecution review and believes that the lower level procuratorate's decision on non prosecution and review is incorrect, it shall be corrected in accordance with the law. It is reported that in this batch of guiding cases, the case of Zhu suspected of theft without arrest review clearly states that for cases of "multiple thefts", it is necessary to comprehensively judge whether it is determined as theft based on the motive, purpose, time, location, means, object, amount, and other circumstances of the perpetrator's theft. Yang is suspected of false litigation. The case of not approving arrest for reconsideration clearly states that in handling a criminal case of false litigation, it is necessary to examine whether the perpetrator has filed a civil lawsuit based on fabricated facts. If there is actually a civil legal relationship and civil dispute between the actor and others, and the original civil legal relationship and civil dispute have not been substantially changed, it shall not be deemed as the crime of false litigation. The head of the First Procuratorate of the Supreme People's Procuratorate stated that the public security organs' reconsideration and review of the decision not to arrest or prosecute is not only a reflection of the mutual restraint between the public security organs and the procuratorial organs, but also a reflection of internal supervision by the procuratorial organs and supervision by superiors over subordinates. The procuratorial organs should collaborate with the public security organs to build a criminal accusation system centered on evidence, fully play the role of error prevention and correction through the review and review process, and unify judicial standards, ensuring the lawful performance of criminal litigation functions and jointly maintaining law enforcement and judicial fairness. (Lai Xin She)
Edit：Chenjie Responsible editor：Wang Chen
Source：People.cn
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