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According to the Supreme People's Procuratorate's website, the Supreme People's Procuratorate recently issued a notice, published seventh four guide case, the procuratorial organs to perform their legal supervision functions, strengthen the supervision of judgments, decisions and investigation activities for guidance. Four guidance issued by the Supreme People's Procuratorate this case, Malo, respectively the use of undisclosed information-trading case, had collapsed case, Chen Man appeals, Wang Yulei warrant case.
Malo by using undisclosed information-trading case was the first by the Supreme People's Court, Supreme People's Procuratorate, the costs of appearing in court to perform his duties in criminal protest cases. 180th in the case at issue is how to interpret the applicable Penal Code article fourth problem invoking legal sentence in the first paragraph of the same article. The case in the first instance and the second instance, the Court of criminal law the 180th not provided for in the fourth paragraph of article "the circumstances are especially serious," citing finds music is an "serious" and sentenced him to 3 years ' imprisonment and 5 years ' probation. On the Shenzhen People's Procuratorate and the Guangdong provincial people's Procuratorate, the Supreme People's Procuratorate has challenged, it thinks it invoked article 180th fourth penalty situations, should be quoted all of the provisions of the first paragraph of the same article, Malo as a crime the circumstances are especially serious, in accordance with the "very serious" grade penalty for sentencing. On December 11, 2015, Court of final appeal judgement on the Supreme People's Court, the adoption of the Supreme People's Procuratorate of protest, Malo revision to 3 years of imprisonment. Appeal and retrial of the case to be revised to further clarify the basic principles of the criminal law regarding the extension of statutory penalty, for a uniform law applicable standards, guidance, similar cases handled correctly according to law has important implications.
Complaints had collapsed and Chen Man appeals is a full play to the function of legal supervision of procuratorial organ, by issuing the retrial the prosecution proposal, appealing way, coming into force monitoring people's Court to correct errors of judgment or ruling, made men accused by the death penalty a judgment of acquittal and regain justice and liberty case. By monitoring misjudged rectify the injustice, embodies the prosecution in a criminal trial in the course of supervision, resolutely implement the principle of evidentiary adjudication, in doubtful without, strictly control error correction standards, supervision, to supervision according to law, good supervision and judicial philosophy and work requirements.
Wang Yulei disapproves the arrest is in the course of procuratorial organs in handling cases of arrest, attention to the discovery and elimination of illegal evidence and strictly control conditions of arrest, effectively avoid misjudged cause success stories. Handling process, the procuratorial authorities uphold the protection of human rights and punishing crimes and concept, does not meet the conditions for arrest suspects not to approve arrest according to law, guarantee suspects legal rights and strengthening the follow-up of cases of arrest, investigation guided by collecting evidence, promoting the timely detection of cases, guilt finally prosecuted.
The highest, strengthen the supervision of judgments, decisions and investigation activities are important responsibilities conferred upon the people's procuratorates, people's procuratorates is an important way to fulfil their legal supervision functions. Published in this instalment guide case to guide the District Attorney's Office set up the right monitoring concept, and accurate performance of legal supervision functions according to law, justice is of great significance.
Source: the highest Web site
Original title: the Supreme People's Procuratorate released the seventh instalment guide case What important news this week And interface review
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