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Dashan, the prosecutor sent a judicial aid

Release time: September 30, 2019

24日,安康铁路运输检察院党组书记、检察长黄志平带领控告申诉科干警驱车近百公里,前往旬阳县关口镇深山中,在当地派出所和村委会代表的见证下把2万元国家司法救助金送到刑事案件被害人刘某明的手中。 On September 24 , Huang Zhiping, party secretary and chief prosecutor of the Ankang Railway Transport Procuratorate, led the complaint police officer to drive nearly 100 kilometers to the deep mountains of Guankou Town, Xunyang County. Under the witness of the local police station and village committee representatives, the country Judicial assistance was sent to the victim of a criminal case, Liu Mouming. When receiving the bailout money, Liu Mouming had tears in his eyes and thanked the prosecutors all the while, thanking the party for its good policies.

The origin of the case has to be said a few months ago.6月,安康铁路运输检察院受理了一起非法狩猎、过失致人重伤的刑事案件。 In June 2019 , the Ankang Railway Transport Procuratorate accepted a criminal case involving illegal hunting and serious injuries caused by negligence.310日,被害人刘某明在经过旬阳县关口镇某地的林朳时,误触了被告人刘某波非法狩猎安放的自制垫枪,右腿致伤,入医院后于311日在全麻麻醉下进行“右小腿缺血坏死清创、大腿截肢”手术,经鉴定为重伤二级。 After investigation, on March 10 , 2019 , the victim Liu Mouming accidentally touched the defendant Liu Moobo's self-made pad gun placed illegally while passing through a forest dwelling in Guankou Town, Xunyang County. After the hospital underwent general anesthesia anesthesia and necrosis of the right leg and amputation of the thigh on March 11th , it was identified as a second-degree serious injury.

After the crime, the defendant Liu Moubo was detained, and his family paid part of the compensation, but there was still a long way to go before Liu Mou Ming's medical expenses, disability compensation and follow-up treatment. After prosecutors of the complaint department understood this situation, they continued to follow up on the progress of the case and found that the defendant Liu Moubo and the victim Liu Mooming were both poor households with limited family income. The occurrence of the case put Liu Moubo in prison and raised debt. Compensation; Liu Mouming was disabled due to injury, and the family burden increased dramatically. Police officers from the prosecution and application department went to Liu Moomming's place of residence for field investigations, visited local police stations and village committees to learn more about his injuries and family situation, and informed him that he could apply for national judicial assistance. 万元。 Due to Liu Mingming's low level of education and no application has been filed, the court's control and application department decided to start national judicial assistance in accordance with his powers. After reporting to the leadership of the court for approval, a national judicial assistance decision was made and a grant of 20,000 yuan was granted. Considering that Liu Mouming's family lived in Xunyang Mountain and had difficulty moving, the hospital decided to pay relief funds at home, which fully reflected the humanistic care of the procuratorial organs, demonstrated the procuratorial organs' spirit of maintaining social stability and helping to overcome poverty, and received a good society. Effect and legal effect.

Legal interpretation:

What is the National Judicial Assistance of the Procuratorate

The National Judicial Assistance Work of the Procuratorate is a supplementary rescue measure taken by the Procuratorate in the course of handling cases against those who have suffered crimes or civil infringements, cannot obtain effective compensation through litigation, and are facing urgent difficulties in life.

Four principles: auxiliary assistance, fair assistance, timely assistance, territorial assistance

Conditions for applying for national judicial assistance

According to the latest "Procedures of the People's Procuratorate on National Judicial Assistance Work (for Trial Implementation)" issued by the Supreme People's Procuratorate, there are seven specific situations in which the Procuratorate should provide assistance:

◆ First, the victim of a criminal case received serious injury or severe disability due to a crime, and because the perpetrator died or was incapable of compensation, he was unable to obtain compensation through litigation, causing life difficulties.

◆ Second, the victims of criminal cases are life-threatening, and urgently need medical treatment, unable to bear the cost of medical treatment.

◆ The third is that the victims of criminal cases were killed by crimes, and their close relatives who depend on their income as their main source of life or other people who support, support, or support them, could not obtain compensation through litigation because of the death of the perpetrators or the inability to compensate, causing life difficulties. of.

◆ Fourthly, the victim of a criminal case has suffered a crime and caused heavy losses in property. The victim has died or has no ability to compensate, and cannot obtain compensation through litigation, resulting in life difficulties.

◆ Fifth, the reporter, witness, or expert was retaliated against for reporting or giving testimony to the procuratorial organ or accepting the judicial appraisal commissioned by the procuratorial organ, resulting in personal injury or major loss of property, unable to obtain compensation through litigation, and caused life difficulties.

◆ Sixthly, people are injured due to civil infringements such as road traffic accidents, and compensation cannot be obtained through lawsuits, causing life difficulties.

◆ Seventh are other situations where the procuratorial organ thinks that assistance is needed based on the actual situation.

How to apply for judicial assistance

The application for rescue shall be filed by the applicant for the case to the procuratorate handling the case. Generally, the application shall be made in writing. Those with no or limited capacity may apply on their behalf. An application for bailout shall be filed by the bailout applicant to the people's procuratorate handling the case.

Submissions Required

To apply to the People's Procuratorate for national judicial assistance, the following materials shall be submitted:

◆ 1. Application for National Judicial Assistance;

◆ Second, the valid identity certificate of the rescue applicant;

3. The proof of actual damage results, including the victim's injury appraisal opinion, medical diagnosis conclusions, medical expense documents or death certificate, and property damage caused by illegal violations;

◆ 4. Proof of the living difficulties of the applicant and his family members;

◆ Fifth, a statement or certification of whether compensation or assistance has been obtained;

◆ Six, other relevant certification materials

(Author: Ankang Railway Transport Procuratorate Liu Tao Editor: Wang Jin)



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