The SPP decided to extend the special investigation on the necessity of detention for one year

2022-05-29 0 By

The Supreme People’s Procuratorate (SPP) has decided to extend a six-month campaign to review the necessity of detention from July 1, 2021 to December 31, 2022, according to sources.The scope of cases has been expanded from three types of key cases to all in-custody cases.The special campaign to review the necessity of detention launched since July 2021 is a specific work measure for procuratorial organs to study and implement Xi Jinping’s thought on the rule of law and implement the criminal justice policy of reducing arrests and deliberating charges and remand.In view of the outstanding problems existing in practice, such as the high rate of custody in misdemeanor cases, the immediate arrest of the crime and the detention to the end, and the impact of unnecessary custody on the production and operation of cases involving private enterprises, the whole process and full coverage of the necessity of custody review is carried out.Highest checked first prosecutor’s office officials said that since the detention necessity special review activities, the procuratorial organs at all levels further implement the less prudent in v. detain criminal justice policy, strengthen organizational leadership, pay attention to the coordination of political science and law, improve the working mechanism, outstanding comprehensive ShiCe review key, as a whole, special activities have obvious effect.According to statistics, in the second half of 2021, the pre-prosecution detention rate dropped to 40.47%, down nearly 5 percentage points from the first half of the year and 3 percentage points from the same period in 2020.The pre-trial detention rate fell to 36.31 per cent in the fourth quarter.At the same time, there are also some problems in special activities, such as the imbalanced promotion of different regions, the concept of detention needs to be further updated, and the relevant systems and mechanisms need to be further improved.The SPP decided to extend the special activity for another year in order to promote the resolution of the common problems in the review of custody, strengthen the awareness of the responsibility of criminal procuratorial departments in conducting the review of the necessity of custody, and improve the rule of law and standardization of the review of the necessity of custody.Reporters have noticed that the SPP has adjusted the scope of cases covered by special activities, from the original three key cases of fixed-term imprisonment of less than three years, crimes related to the operation of private enterprises and the application of the parties to all ongoing detention cases.Special activities require prosecutors to strictly grasp the legal conditions of arrest, continued detention, delay and recalculation and the necessity of custody in the process of handling all kinds of review of arrest, review of the necessity of custody, review of the extension of the period of custody in investigation, recalculation of the period of custody in investigation.Corrective opinions shall be put forward in accordance with the law in cases where arrest or detention may not be made, or detention may not be made, or delay may not be made, or where the conditions for recalculating the period of detention in investigation are not met.At the same time, if the conditions for arrest and detention are met and detention is indeed necessary, and compulsory measures other than custody are not enough to prevent social risks, a decision on the application of compulsory measures of custody shall be made according to law.Promote the materialization of the examination of social dangerous conditions and the examination procedures for the filing of deferred and recalcated records.The special activity further clarified that the necessity of custody review should be normalized, and the necessity of custody should be reviewed when the handling of custody cases enter the process of review, prosecution and trial.For a custody case that has been returned to the public security organ for supplementary investigation and transferred for prosecution, that has not been pronounced within 6 months for the first instance or 4 months for the second instance, at least one review of the necessity of custody shall be carried out.Top prosecutor check first stressed that the procuratorial organs at all levels should pass special examination active impetus to renew the idea of detention, strengthen communication and coordination with each unit of politics and law and the interpretation of the basic law of the people argue, propaganda education, accurately grasp the details of a case in custody review, full interpretation of the policy, fully utilize the law, better build consensus,We should promote the establishment of the concept of custody in accordance with the modern rule of law in the whole society, strike a balance between punishing crimes and protecting human rights in the process of custody review, reduce social confrontation, promote social endogenous stability, and put people first in practice.Source: Supreme People’s Procuratorate