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Investigation and handling of criminal cases in the procuratorial activities of the institution

Release time: January 24, 2019

Investigating and handling another criminal case is an important task of the procuratorate's procuratorial office. The scope of cases accepted is mainly: cases in which the offender commits another crime or finds that the crime was omitted during the sentence, and the case is transferred by the supervision and reform agency for prosecution. At the same time, for crimes committed by reeducation-through-labor staff during reeducation through labor, criminal prosecution is required, and those who have completed their sentences and have been released from employment in labor camps (fields) for crimes. Criminal prosecution cases are also handled by procuratorial organs.

In the early 1950s, in addition to public security organs investigating and investigating criminal cases in custody, procuratorates also directly dispatched people to investigate. During this period, the procuratorial organs investigated and dealt with serious cases of serious murder, escape, and riots. In October 1950, the Provincial Procuratorate, together with the Provincial Court and the Provincial Public Security Department, formed a working group to inspect and rectify the provincial prison and promptly seized a conspiracy anti-monitoring organization. Han Zhipei, former Dali commissioner and security commander and brigade commander of the Sixth Brigade, was sentenced to 6 years in prison after liberation. While serving his sentence, he co-planned with fellow prisoners Luo Zhenhua and Yao Jingxing, colluded with prisoners Chen Mingqin, Wang Huaxin, Liu Huang, Kang Qiang, Li Wensheng, Zhang Hengxian, etc., and carried out anti-monitoring conspiracy activities. Provincial Procuratorate filed a case in the provincial court in November 1950 after verifying the case. The provincial court opened a trial in December of the same year and sentenced Han Zhipei, Luo Zhenhua, Yao Jingxing, Chen Mingqin, Wang Huaxin and Liu Huang to six death sentences, Kang Qiang to life imprisonment, and Li Wensheng and Zhang Hengxian each to 20 years in prison. In the same year, the procuratorial organs also inspected several incidents of prison violence in Qishan, Fufeng, Meixian and other places, and prosecuted the criminals who were extremely guilty to severe punishment. At the same time, it is recommended that the relevant departments take serious treatment of the supervisors who have seriously failed and the impure elements mixed in with them.

From January to October 1957, procuratorial organs conducted 2-3 inspections on 3 prisons, 109 detention centers and 18 labor camps, and prosecuted 41 criminals for re-offenders.

In 1958, 1,052 additional criminal cases were accepted. The procuratorial organs reviewed and prosecuted 999 cases. The court sentenced them to 735 additional sentences, including 11 death sentences.

In 1959, 1,218 additional criminal cases were received, and 533 people were prosecuted.

In 1960, domestic and foreign class enemies used the national economy to make temporary difficulties and make mistakes in their work. The situation was prosperous, the prisoner ’s sabotage activities rose, and the crime rate remained high. Especially in 1962 and 1963, under the situation of the Taiwan Kuomintang's attempt to invade the mainland, class struggles at home and abroad became fierce, and aroused strong repercussions among criminals in reform camps. Some dead-headed and stubborn elements worked closely with domestic and foreign class enemies , Echoing each other, carrying out crazy anti-reconstruction sabotage activities. Some have organized counter-revolutionary groups to plot riots; some have been mad to carry out reactionary door restoration activities; some have written reactionary banners and disseminated reactionary statements; and some have committed murders in flagrant ways. Some of them were very dangerous and extremely rare cases.

On February 12, 1963, the Provincial Procuratorate made a report to the Shaanxi Provincial Party Committee of the Communist Party of China on the situation and handling opinions of several major criminal cases of labor reform criminals. Li Qiming, the secretary of the provincial Party committee in charge of political and legal work, approved on February 14: "The current counter-revolutionary sabotage activities in labor reform prisoners should be dealt with in a timely manner without delay." Provincial Procuratorate immediately took measures to strengthen the crackdown on sabotage activities among criminals. In the first quarter of the year, the Procuratorate of the Province reviewed the re-offender cases handled by Huanglin, Fuxian and Yan'an counties where labor reform units were concentrated since 1962, and found that all three counties had a weak blow to re-crime. The number of cases that were prosecuted but not prosecuted accounted for 20.8% of the total number of cases handled, and this was corrected in a timely manner. At the same time, the Procuratorate of the Procuratorate of the Provincial Procuratorate has selected 9 typical cases with serious crimes and serious harm (38 criminals involved), and directly dispatched staff to investigate or direct the investigation to the procuratorate of the Procuratorate and County Procuratorate. After examination by the procuratorial organs, 10 persons were prosecuted for additional sentence in the court (among them, one was sentenced to death, two were on probation, four were sentenced to life imprisonment, and three were sentenced to imprisonment). For some serious and protracted criminal cases, the leading organs sent officers to the scene to interrogate witnesses, obtain evidence, find out the facts, and quickly deal with them. Yang Shutian, a prisoner at Huaishuzhuang Farm, killed a criminal in August 1962 in order to steal his clothes. The facts of the crime in this case were clear and the evidence was conclusive, but it was delayed for half a year due to inconsistencies in the understanding of whether Yang was suffering from mental illness. After the leadership of the Provincial Party Committee gave instructions, the Procuratorate of the Provincial People ’s Procuratorate, together with the Provincial Court, immediately sent a forensic physician to verify that the offender was not mentally ill. He was soon charged to the court and sentenced to life imprisonment. Xu Jinlong, an employee who stayed on the farm, killed another employee in August 1961. It was delayed for 16 months only because of the inconsistency between Xu'an and Fuxian's pre-conspiracy. In early 1963, the Procuratorate of the Provincial People's Procuratorate supervised and urged the Yan'an Procuratorate to study the matter together with the relevant departments. After gaining a consensus, he was sued to the court and sentenced to Xu's death sentence, which was suspended for two years.

In 1963, procuratorial organs at all levels accepted a total of 278 more criminal cases, an increase of 35% over 1962. After examination, 214 arrests and prosecutions were approved, an increase of 120.6% compared with 1962 (97 cases). Among these more criminal cases, the more prominent ones were: 14 riots were planned, 9 vengeance were retaliated, and 293 people escaped from prison.

Statistics of crimes committed by procuratorial organs at all levels in Shaanxi Province from 1960 to 1965, as shown in Table 66

1960-1965 Shaanxi Provincial Procuratorial Organs Investigating and Dealing with Crimes in Supervised Places

Table 66

Unit: person

In May 1966, the Procuratorate of the Province issued notifications to the procuratorates at all levels regarding several major incidents in several county detention centers. Luo Shengwang, the detainee of Wuqi County, was sentenced to 10 years in prison for counter-revolutionary crimes. He arrested 5 detainees in the house, 4 criminals inside the public security organs and the society (22 others were developed), and formed the "Central People's Political and Military Commission." The counter-revolutionary organization has drawn up "party certificates" and "national flags", sealed official positions, conspired to riot, snatched weapons, killed guards, and then fled abroad; five criminals detained in a cave in the detention center of Yanchuan County, took The caretaker's poor management mechanism dug through the back wall to flee collectively (hunted by the organization, all recovered); the Shangxian detention center held counter-revolutionary criminals Yang Peisheng, Long Haoyun, corruption offender Zhou Jiqing, and fraud convict Li Xinhua and other four offenders. Together, they form the "Brotherhood" reactionary group. They wrote each person's name, age, and date of birth on a piece of paper and cremated them, then pierced the middle finger and drank blood wine to express their reactionary determination. The bulletin solemnly pointed out that through these major incidents, a large loophole in the management work of the detention center was exposed, which allowed the offenders to have opportunities. In response to the existing problems, the report put forward three requirements: first, to raise the vigilance of the revolution and resolutely overcome the paralysis; second, to cooperate closely with the public security and the court to conduct a major inspection of the detention center, to rectify and plug all insecurity loopholes; Interoperability.

In 1983, the province launched a massive and severe fight against serious criminals. At the same time, the fight against crime in regulatory reform sites has entered a new stage. That year, the Supreme People's Procuratorate, the Supreme People's Court, the Ministry of Public Security, and the Ministry of Justice jointly issued the "Notice on Severely Combatting Prisoners in Correctional Institutions and Criminal Activities of Reeducation-through-labor Workers". According to the notice of the two houses and the two ministries and the spirit of the Provincial Party Committee's Political and Legal Work Conference, the Procuratorate of the Province issued an "emergency notice" on August 20, 1983, asking all localities to crack down on re-criminal activities in the supervision and reform of places, and pay attention to deep excavation 3. Missed cases. The main points of the crackdown are: the heads of the crowd and the prisoners; the "head prisoners" and the leaders of anti-reform gangs; the elements who continue to teach criminal tricks and instigate crimes by others; the elements who beat the police to retaliate; repeatedly ran, organized and Instigators who flee; elements who have consistently resisted reform, fighting, theft and fraud, resistance to labor, serious violations of prison regulations, and repeated teachings; elements who carry out current counter-revolutionary sabotage activities.

According to the instructions of the Supreme People's Procuratorate and the notice of the Provincial Procuratorate, the procuratorates at all levels have taken effective measures in the "strike hard" struggle, focusing on the quick investigation and handling of other criminal cases in supervision and reform sites. From August 1983 to May 1984, the province's procuratorial organs accepted a total of 133 criminal cases and 202 people seeking approval for arrest. After review, 96 arrests were approved, 135 people, accounting for 80.8% of the number of cases concluded; 620 cases, 903 people were transferred for prosecution. After examination, 397 public prosecutions were filed, with 543 people, accounting for 78.6% of the number of people tried. The 460 guilty verdicts made up 84.7% of the prosecutions. In addition to strengthening the work guidance of the Provincial Procuratorate, the Procuratorate of the Supervision Institute has repeatedly sent working groups to the grass-roots level to specifically supervise and guide and study and solve major problems. On May 13 and 15, 1983, the Lianhua Temple Labor Camp, nearly two hundred labor camps and reform camp prisoners fought together, burning and smashing a large number of public properties, causing very bad effects. The Procuratorate of the Provincial Procuratorate and the Weinan Procuratorate immediately dispatched a working group to jointly investigate and deal with the institute, arrested 21 criminals, dealt with them severely, and soon calmed down the situation. Provincial Third Prisoner Zhang Qilin, Zeng Xiancheng and other five people escaped collectively. The Hanzhong Procuratorate and Hanzhong City Procuratorate fought hard day and night. The trial was concluded in only three days, and the court sentenced them according to law. Some supervision and reform units have "jailers in prison". A few hooligans and evil-doing elements have helped to gang up in the prison, dominate the army, and dominate the king. They regard themselves as slave owners, treat their offenders as slaves, bully the old and bully the others, force them to commit clothing and food, and brutally persecute the prisoner by various inhuman means. Some stabbed him with a needle to make nails, some forced him to drink urine, and some were stunned and poured with cold water. After the case is investigated, it will be punished according to law. The Tongchuan City Procuratorate found that Liu Heping, a robbery detained by the city's detainees, was a typical “jail-headed prisoner” who did nothing wrong. He investigated the facts and sued the court for severe punishment. In carrying out the "strike hard" struggle, the prosecution teams stationed in Cuijiagou Coal Mine, Shangyaozi Farm, Provincial Second Prison, Provincial Steel Ball Factory, Xinhan Brick Factory, Xin'an Brick Factory and other supervision places are fast and fast in handling cases. Good unit. Through the handling of the case, the criminal activities of the criminals were severely cracked down, and the "strike hard" struggle was closely coordinated at the time, maintaining and stabilizing the normal order of the supervision and transformation sites, and promoting the completion of the transformation and production tasks. At the same time, they summarized four experiences in handling criminal cases: first, conducting in-depth investigations, meticulous research, accurately grasping the facts of the case, and paying attention to preventing mistakes and leaks; second, adhering to the "two basics" (that is, the basic criminal facts are clear and the basic evidence is solid ), Do not entangle the minutiae; the third is to dig deep into crime. In handling theft cases, we should pay attention to finding harboring criminals and selling stolen convicts, and in gang cases, paying attention to finding missing offenders. The fourth is to combine combat, prevention, education, and reform to improve comprehensive management.

On December 5, 1983, the Procuratorate of the Province has committed suicide against two criminals sentenced to death, more than 10 outstanding offenders have committed suicide (8 dead), assaults, escape, harassment, and even attempted robberies and riots. For major accidents, “urgent notices” are issued to the procuratorates at all levels, asking all places to include the procuratorial work to strengthen the supervision of the death penalty and felony offenders on the important agenda. Prosecutors must take the initiative and be responsible for specific problems. The procuratorial cadres shall perform their duties, cooperate with the public security organs in carrying out political offensives, and promptly verify the prosecution of prisoners. The death penalty and handcuffed prisoners wearing shackles and handcuffs shall be inspected once a day to identify problems and take timely measures.

In the "strike hard" struggle, procuratorial organs, while severely cracking down on criminal activities among detained offenders, actively cooperated with the supervision and reform units to carry out political offensives against detained offenders, further digging crimes, and motivated inmates to plead guilty. Procuratorate departments in various localities have generally adopted leadership cadres to personally inform the prisoners of the situation, policies and laws, and conduct legal education; assist the supervision and reform units to select typical cases, and convene a timely policy implementation meeting that embodies leniency and strictness; and invite the leader of the unit where the prisoner is located Cadres and relatives of prisoners, relatives and friends write letters or go to supervision and reform sites for persuasion and persuasion. Through a variety of methods, it has achieved significant results, setting off a confession of confession and prosecution in various regulatory reform sites, providing a lot of important clues for deep digging crimes, disintegrating and disintegrating criminals, and closely cooperating with society in cracking down on criminal crimes. Molecular struggle. According to statistics from January to May 1984, 2,209 people in labor reform and reeducation through labor units in the province confessed 3509 cases of leakage and re-offending (including 167 major crimes), and seized 30,594 yuan in stolen money and televisions, cameras, watches, There were 1989 bicycles and other stolen goods, and more than 3,000 kilograms of grain. 9,249 criminal clues were reported (including 1,680 major clues), from which 68 cases were found, 157 criminals were captured, 33,785 yuan were stolen, 1,931 stolen items such as televisions, tape recorders, motorcycles, and an assault rifle. The districts and counties of Baoji City confessed to the confessions of the offenders, cracked 40 cases and arrested 39 criminals. In the political offensive in the counties affiliated to the Weinan area, 518 prisoners in custody voluntarily confessed 2085 issues, of which 83 were major clues; 1,929 cases were reported and revealed. Pucheng County Detention Center confessed 91 criminals and revealed major criminal clues. After investigation, it recovered 6 TV sets, 2 small tractors, 33 watches, 20 shelf cars, 19 bicycles, and 1 gold cup. One detainee in the Dali County Detention Center explained that he had ganged together with 22 people for more than 40 times, and stolen stolen goods amounted to more than 15,000 yuan. After the verification was carried out, 12 criminals were hunted down. During the political offensive coordinated by the Korean City Procuratorate with the city's detention center, first-class rogue criminals prosecuted major murderers who fled after killing two people and fled, and changed their names. After verifying the facts, he assisted the public security organs in bringing the murderer to justice. The Procuratorate of the Xi'an Procuratorate stationed in the Xin'an Brick Factory to assist the factory in carrying out six political offensives in the "strike hard" struggle. The prisoners confessed a total of 930 criminal facts, of which 128 were major criminal facts, and 1,587 were reported. Among them, there are 316 major clues. After investigation, a large number of major cases were cracked, and two major fugitives with many crimes wanted by the Ministry of Public Security were arrested. The procuratorial team in Xin'an Machinery Factory assisted the factory in carrying out the political offensive and seized the major clues of the prisoner's report and disclosure. In one fell swoop, a major fraud case reported by the Ministry of Public Security involved 35 criminals. The fraud involved 13 provinces, several Ten counties had scammed over 90,000 yuan in cash from 15 times from 1981 to 1984, and 13 gang members were arrested by the public security organs. According to the instructions of Zhou Yaguang, the secretary of the Provincial Party Committee in charge of political and legal work, “substantially reducing the sentence in accordance with the law”, Huang Zhongbin (15 years in prison for fraud) made a great contribution to the prosecution of the criminal who has made significant contributions in this case, with a cash prize of 30 yuan and a reduction of 7 year. When the plant-wide prisoners' meeting was announced, the decision was shaken a lot among the prisoners, and the effect of further dividing and disintegrating the criminals was received.

In order to prevent crimes and prevent problems before they occur, procuratorial organs at all levels generally pay attention to cooperate with relevant departments in conducting large-scale safety inspections of supervision and reform sites in the "strike hard" struggle. In 1983, procuratorial organs at all levels inspected the reconstruction sites 3,371 times, and found 1,898 various types of unsafe problems, of which 149 were major problems. It is recommended that the relevant departments make timely corrections, and found and stopped 150 attempts to escape and prisons. Vicious incidents such as murder, suicide, and suicide have maintained the normal order of supervision and transformation of places.

In the fight against crime, the procuratorial organs paid attention to overcoming the tendency of handling cases on a case-by-case basis, and through handling cases, found loopholes in the management work of the supervision and reform unit, made suggestions, improved the work, and carried out comprehensive management. The Yan'an County Procuratorate dispatched to the Yaojiapo Farm Procuratorate. From 1980 to 1984, the court prosecuted 123 more criminal cases, and the court all convicted them. During the investigation, the resident prosecution team found that most of the criminals colluded with the criminals in the neighboring villages of the farm to cooperate in the crime. In order to eradicate this long-standing criminal phenomenon, in addition to reporting criminals who should be sentenced to imprisonment to the county court for prosecution and imprisonment in the court, they also arrested the criminals involved in theft, denial, and sale of stolen goods in accordance with the law. At the same time, in order to expand the effectiveness of case handling, the procuratorial team compiled legal system publicity materials based on specific cases and conducted legal education to the people near the farm several times. For villages with more serious problems, relying on the local government, while carrying out in-depth legal publicity, they carried out cleanup of stolen goods and confession and report activities. Only 22 people in Yaojiapo Village took the initiative to return more than 3,000 kilograms of grain and 140 yuan in cash. There are 11 rack trucks, and many people have also guaranteed compliance. The Cuijiagou District Procuratorate, in handling the Cuijiagou Coal Mine and another criminal case, carefully analyzed the cause of the incident, found loopholes in the supervision work, and put forward prosecution suggestions in a timely manner, urging them to take measures to plug the loopholes, improve the system, and strengthen prevention. From 1981 to 1984, the court passed the case, issued "prosecution recommendations" and verbal suggestions to the labor reform detachment 34 times, held more than 20 times of analysis of the cause of the case, and revised and perfected the supervision system 7 copies. Detained prisoner Pan Jianzhe arsoned with gasoline late at night, burned one criminal, burned four, and burned 3 prison cells and a large number of clothing. Through the handling of this major crime case, the court found many loopholes in the supervision work of this brigade. During the New Year's Day and the Spring Festival, the inspection of the prison was not complete. As a result, a large number of dangerous goods such as gasoline and knives were hidden in the prison. Criminal activity provides convenience. After issuing a "prosecution recommendation" to the detachment, the detachment immediately mobilized police officers to thoroughly clean up, clearing a total of 9.5 kg of gasoline, 126 lighters, 195 knives, 2 bottles of highly toxic pesticides, 20 bottles of white wine, and more than 850 other prohibited items. . At the same time, the detachment has also formulated a strict inspection system and police patrol duty system to ensure that detainees are not out of control for 24 hours, thereby greatly reducing hidden dangers. The court also supervised the cases of gangster injuries that have been prominent since 1986 to 1988, and the number of cases has increased year by year (68.2% of the total number of gangster injury cases accepted in 1986, 50% in 1987, and 85% in 1988). The reform of the order and the personal safety of criminals have caused great threats. The organization has gone to prison twice to analyze the causes of rogue injury cases, write a special report, and provide timely information to the higher-level procuratorial organs and labor reform units. In the first half of 1988, there were many cases of rogue injuries and the labor reform detachment rarely investigated them. They organized forces to conduct investigations in 4 prisons, 5 brigades, and 29 squadrons for more than 20 days, and found 34 rogue injuries. The case should be filed but not filed. An investigation report was immediately written, the cause of the case was analyzed, the problem of the detachment's ineffective crackdown on crime was pointed out, and the detachment was recommended to strengthen the case handling force and launch a special fight against hooliganism. The detachment accepted the recommendations of the procuratorate and took effective measures to quickly investigate and deal with 34 cases of hooligan injury. The 16 serious cases were transferred to the prosecutor's office for prosecution, and other minor cases were also dealt with separately. As a result, the momentum of hooligan injury cases was curbed, and the order in prison improved significantly. In the second half of the year, the number of such cases dropped by 82% compared with the first half of the year, and no major rogue injury cases occurred.

In the procuratorial work of the prisons, the procuratorial organs pay special attention to prosecutorial and crack down on criminal activities such as prison escape, riots and other criminal activities with great dangers to maintain the order of prison reform. The case of 4 criminals convicted by the Weinan Procuratorate and the Fuping County Procuratorate and murdered police officers and escaped from prison is a typical case. The prisoner Yin Jianjun and Bu Wenxue (both originally sentenced to life imprisonment) have conspired to escape multiple times since January 1987, and have developed prisoners Zhang Guofei (was sentenced to 20 years in prison) and Zhang Binqiang (was sentenced to life in prison). The offenders jointly prepared four daggers, axe, hammer and other murder weapons, premeditated murder of prison police officers, snatched uniforms, and escaped from prison. After the case was cracked, according to the instructions of Deputy Governor Xu Shanlin and Secretary of the Political and Legal Committee of the Shaanxi Provincial Committee of the Communist Party of China, Li Nangui, the Weinan Procuratorate Branch and Fuping County Procuratorate organized a strong case-handling team, the investigation was terminated within a short period of time, and a public prosecution was initiated. Intermediate court hearing, judgement according to law, after the defendant appealed, the final judgment of Shaanxi Higher Court sentenced the principal prisoner Yin Jianjun to death, sentenced to death, suspended for two years; Zhang Bin imposed 8 years of imprisonment, and Guo Guofei increased his sentence. 5 years.

From 1979 to 1989, procuratorial organs at all levels of the province concluded a total of 421 arrests from regulatory reform agencies, of which 315 were approved for arrest; a total of 2,749 examination and prosecution cases were concluded, of which 1,946 were filed for public prosecution and 173 were exempted from prosecution; In public prosecutions, 804 people were sentenced by the court.

See Table 67 for statistics on recidivism cases investigated and handled by procuratorial organs of Shaanxi Province from 1979 to 1989.

1979-1989 Shaanxi Provincial Procuratorate's Investigation and Prosecution of Criminal Cases

Table 67

Unit: person

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