In half a day, the local court completed the filing and sentencing of a criminal case involving epidemic diseases, and the whole judicial process of the case took only five days from the occurrence to the conviction. Some netizens commented, before the offender has responded, he becomes a criminal. Can criminal cases go as fast as that?
The surging news combed 65 cases of epidemic related punishment handled by 21 provincial and municipal courts in China, which were publicly reported by the media since the outbreak of the epidemic. It was found that the situation of Yulin court was not a case, and even took a shorter time and only three days in the whole process. The 65 cases are mainly the cases of mask fraud, obstruction of public affairs and other crimes. The average time from the filing to the completion of the epidemic cases is 3 days, and the average time of the whole criminal procedure is about 14 days. As of 29 February, at least 75 defendants in epidemic cases had been sentenced.
Since the deployment of the central government and the promulgation of the regulations of timely and strict punishment in accordance with the law by the two high schools on the prevention and control of all kinds of crimes against the epidemic situation, judicial organs around the country have achieved unprecedented efficiency in handling cases under the epidemic situation. Relevant experts said that the previous judicial policies such as Leniency system for pleading guilty and punishment, full coverage of legal aid for criminal defense, as well as the comprehensive application of new Internet technologies such as smart courts and online court sessions in judicial practice, boosted the judicial super speed under the epidemic.
Under the timely and strict attack, the judiciary is facing a wave of epidemic cases. According to official data, as of February 24, the national public security organs have investigated and dealt with 22000 cases of various illegal crimes involving the epidemic situation, with 4260 people in criminal detention. A criminal judge said that the court will continue to fight the next wave of cases involving epidemic and criminal cases with high efficiency.
Multiple super fast cases involving the first case of epidemic, with a minimum criminal process of 3 days
On the morning of February 7, the Gangzha District Court of Nantong City, Jiangsu Province, heard the first case of epidemic prevention material fraud in China. In the relevant cases counted by the surging news, Zhang, the party involved in the case, is also the first person in the country to use the epidemic situation to sell masks online to defraud and get punished.
Subsequently, courts in many parts of the country successively disclosed the first case of epidemic related cases concluded.
On February 7, Zhejiangs first case was concluded in Ningbo Yinzhou District Court. On February 10, Hubei announced the countrys first case of violence against prosecution and obstruction of public service, and the defendant was sentenced to one year and three months imprisonment. On February 12, Jilin declared the first case of illegal hunting of wild animals in China since the outbreak, and the defendant was sentenced to three months detention. Then, Guangdong, Anhui, Henan, Shandong, Yunnan, Hunan and other provinces appeared the first local epidemic cases.
In the same area, the local judicial organs have pasted the local first case label.
For example, in the morning of February 21, the Zhongxiang peoples Court of Jingmen, Hubei Province, sentenced Wang, a 17-year-old criminal suspect, to nine months imprisonment for the first case of network fraud involving epidemic situation that was solved by Zhongxiang Public Security Bureau in early February. Jingmen Public Security Bureau reported that the case lasted only 13 days from case filing and investigation, transfer and prosecution to court sentencing. It was the first case that Zhongxiang public prosecution and legal organs worked together to crack down on crimes involving epidemic situation, quickly investigate and conclude, and quickly sue and sentence.. This is also the first epidemic related criminal case declared in Jingmen since the war.
Three days later, in February 24th, the Dongbao District Peoples court in WeChat official account in the WeChat public number that the same day the Court opened the court and sentenced the case to raise the price of the mask to disrupt the market order, which was the first case involving the epidemic prevention and control in the city. Moreover, the case is less than five days from acceptance to sentencing. The successful and rapid conclusion of this case has severely cracked down on the crime of hindering the prevention and control of epidemic situation and demonstrated the legal authority.
Surging news noted that in these cases, there are a series of fast information along with the first case transmission. Quick investigation, quick arrest, quick prosecution and quick trial. Fast has been run through the whole process of criminal proceedings involving epidemic cases.
On February 7, the peoples Court of Yinzhou District, Ningbo, Zhejiang Province, publicly adjudicated a case of mask fraud using the epidemic. The Metropolitan Express reported that the case occurred on February 3, 2020. On February 5, the police arrested the suspect who pretended to sell masks on wechat. On February 7, the procuratorate initiated a public prosecution to the court. The court sentenced the suspect who cheated more than 6000 yuan to a fixed-term imprisonment of six months and a fine of 1000 yuan. The case lasted only five days from the beginning of the case to the sentencing.
A week later, Yulin television reported that it took only half a day for the local court to complete the whole process from filing a case of obstruction of public service to sentencing. On February 14, Wei, a person from Rongxian County, Guangxi Province, went out to Li village fair in Li Village town of the county to buy daily necessities. When passing through the epidemic prevention and control monitoring point, he did not cooperate with the epidemic prevention and control work, and violently resisted the staff members to do the work of registration and temperature measurement. The next day, Wei was detained in criminal detention. Wei was arrested Monday on suspicion of obstructing official duties. On the 18th, Rongxian procuratorate accepted the examination and prosecution transferred by Rongxian Public Security Bureau, and initiated public prosecution on the same day. On the 19th, the Rongxian court accepted and filed the case. On the morning of the same day, Wei was declared guilty of obstructing official duties and sentenced to six months imprisonment. The whole process from the case to the sentence lasted only five days.
On February 22, Wei, the defendant, was arrested on the same day when he drove into the duty card of epidemic control on the afternoon of February 19. On February 21, Duan County procuratorate arrested him on suspicion of obstructing official duties, and then filed a public prosecution. On February 22, Wei was sentenced to seven months in prison by the Duan court for obstructing public service. The three-day criminal case was called speed up by the Publicity Department of the Duan County Party committee.
Surging news combed 65 publicly disclosed cases of epidemic related punishment from February 7 to February 29, and found that in a short period of 22 days, 75 defendants had been sentenced. 65 courts in more than 20 provinces and cities sentenced the first local criminal case. The average time from filing to trial is 3 days. In 65 cases, the whole process of criminal proceedings took 14 days. Most of the cases started criminal investigation procedure on the second day of the case.
Three systems combination boxing to speed up the process
Is the defendants right to defense and other rights and interests guaranteed when he is so quickly turned into a criminal? Liu Jingcheng, a lawyer from Beijing Tianping (Changsha) law firm, also raised his own questions in the face of high-speed judicial efficiency.
Close the case on the same day and finish it in half a day. Its really easy to worry about whether it will affect entity justice. Xiao Xingli, a lawyer at Beijing Yingke (Changsha) law firm who used to be a criminal judge, also told surging news. However, the criminal procedure law does only stipulate the longest time limit for the completion of each stage of the public prosecution law. There is no provision for the shortest time limit for the completion.
Liu Jingcheng introduced that for criminal cases, the public security organs spend one month or even several months to investigate, the procuratorate has a fixed review and prosecution cycle, the court generally finishes within the three-month trial limit, and it is normal for a criminal case to end in the first half of a year. Among them, there are also delivery, appraisal, notice lawyers to read papers and other legal provisions of the time limit. Some special criminal cases can even be delayed for one or several years.
The surging news noted that Liang Dongli, vice president of the Rongxian court of Guangxi, explained why the court ended up speeding up in an interview with Yulin TV station. We handled the case through early intervention, rapid filing and rapid trial. On the basis of finding out the defendants voluntary confession and punishment, simplify the trial process, and no longer conduct court investigation and court debate.
So it seems that the two systems of leniency of confession and punishment and quick adjudication procedure are working together. Xiao Xingli introduced that where the defendant pleads guilty and pleads guilty, the speedy adjudication procedure can be applied. As a new criminal procedure law in general procedure and summary procedure, it can not be investigated and debated in court, and it is not limited by the time limit of service. The judge can come to the court in one step. On the day of the court session, the defendant can be summoned or remanded to the court, and then the indictment can be served, and the court session and sentence can be directly held.
In addition, due to the spread of legal aid system in criminal cases, courts, procuratorates, detention centers and other places have lawyers on duty to provide legal services. The defendant may sign a statement of guilty plea and punishment in time at the stage of the procuratorate. In the court stage, the judge only needs to examine the authenticity and legality of the defendants signing of the statement.
The main reasons for the speed are Leniency in confession and punishment and the supporting system of quick adjudication and legal aid. It can be said that as long as the rights and interests of the defendants and defenders, such as the right to defense and the right to review papers, are not infringed upon, basically, as soon as they want. Introduced by a former prosecutor.
During the epidemic period, the types of cases are relatively concentrated. The common cases are fraud, obstruction of official duties, sale of fake and inferior products, etc., and the sentence is also relatively light. The public prosecution and law enforcement organs, of course, can do such cases faster by concentrating their superior forces. Xiao Xingli said, the quick trial and quick conclusion of epidemic cases can timely announce to the society which behaviors have violated the criminal law and guide the public to correct behaviors during the epidemic, so as to have the effect of deterring crime and preventing crime. So the rapid handling of cases is to provide necessary judicial guarantee for epidemic prevention and control.
The surging news noted that, in response to the epidemic situation, the judicial organs around the country responded positively. In January 29th, novel coronavirus was issued by the Beijing Higher Peoples court to provide strong Judicial Services and protection for the prevention and control of the new coronavirus infection, and demanded quick trial for crimes against epidemic prevention, control of epidemic situation, destruction of market order and social stability. Five days later, Hunan Higher Peoples Court issued similar guidance.
In February 10th, novel coronavirus was issued by the Supreme Peoples court, the Supreme Peoples Procuratorate, the Ministry of public security and the Ministry of justice. In the opinion of punishing the crime of obstructing the epidemic prevention and control of new coronavirus according to law, the relevant regulations were made on the application of the law and the punishment of crimes according to law. Class a illegal crime, to resolutely win the epidemic prevention and control to provide a strong legal guarantee
Difficulty and convenience
In fact, under the epidemic situation, it is not easy for judicial organs to handle complicated criminal cases in a timely manner according to law.
On February 27, the Tianxin District Court of Changsha City and five other courts in Hunan announced a number of epidemic cases at the same time. The difference is that the case of Tianxin court involves two crimes. On the evening of January 27, the defendant Huang, who was driving after drinking, tried to prohibit the entrance and exit from the community, and had a conflict with the security guard, then beat the security guard and did not cooperate with the police investigation. Tianxin court found that Huang had been punished for drunk driving before, and then sentenced him to 10 months imprisonment and a fine of 6000 yuan for dangerous driving and obstructing official business.
Liu Yu, President of the Criminal Court of Tianxin court, told the surging news that the court had overcome many difficulties to settle the case as soon as possible.
First of all, Huang was originally on bail on February 3, and on February 14, the court filed a case. It was found that although Huang signed a letter of apology in the procuratorate, he committed two crimes and should be strict and severe according to his behavior, so he could not be sentenced to probation, so he decided to be put into prison immediately. The arrest shall be carried out by the public security police.
Meanwhile, the novel coronavirus pneumonia infection has occurred in three prisons nationwide, and the Changsha detention center has also raised the level of security alert. The police had to take Huang to carry out nucleic acid test. After the test results came out, but because the test hospital was not authorized by the health care Commission, they changed to the designated hospital for test. After several setbacks, Huang finally entered the detention center.
Then the court waited for and reviewed the defense opinions of lawyer Huang, and finally it was ready to hold a court session - detention center, court and other multi-point connection, and trial in an isolated space.
At this time, it was found that mobile phones could not be used in the detention center, while the cloud court system that the court originally planned to use for online court session could only use mobile phones.
Fortunately, under the epidemic, the online court held a big outbreak, and the court conducted a big training on various Internet trial technologies. For example, the new generation internet intelligent court system developed by Hangzhou gongdao Network Technology Co., Ltd. and the cloud court system of Alibaba cloud intelligence and its partners are both free for use by the court.
We will immediately replace it with the cloud trial system, which can use both mobile phones and laptops. The Technology Department of Tianxin court is responsible for Zhihua telling surging news. In order to ensure the trial during the epidemic, we have always prepared three trial systems, different systems to cope with different situations.
Surging news noted that at least 33 of the 65 cases that surging news had already declared epidemic cases mentioned the use of online court system. From February 3 to February 17, courts at all levels across the country used the Internet to file 100000 cases online and held 11000 court sessions online, the Legal Daily reported.
Liu Yu said that according to the requirements of the central and provincial courts, the current epidemic situation has been effectively curbed, but everyone cant be slack in their thinking. In the next stage, we will continue to severely punish all kinds of crimes that disrupt epidemic prevention and control, such as resisting epidemic prevention and control, injuring doctors by violence, making and selling fake products, driving up prices, fraud, etc. And the trial efficiency of the court will continue to maintain the high level during the epidemic period, facing the next epidemic case tide.
The surging news noted that at the press conference held by the joint defense and joint control mechanism of the State Council on February 26, Du Hangwei, Vice Minister of the Ministry of public security, said that as of February 24, the national public security organs had investigated and dealt with 22000 cases of various illegal crimes involving epidemic situation, with 4260 people in criminal detention.
According to Xinhua News Agency on February 26, according to the Supreme Peoples Procuratorate, as of February 25, 2020, the national procuratorial organs had involved in investigation, guidance and evidence collection of 6144 criminal crimes involving epidemic situation, 8243 people; accepted examination and arrest of 1673 people in 2010, and examined and approved arrest of 1430 people in 1688; accepted examination and prosecution of 1167 people in 1431, and prosecuted 869 people in 1029.
This means that, with the gradual weakening of the epidemic and the discharge of the healers, tens of thousands of offenders during the epidemic will be punished through legal procedures.