Chapter 385: Discussion
Of course, this idea is idealized, and Huang Yixi just wants to take another way.
You must know that the procuratorate is a line management, and the report must be reported layer by layer, even if the Wurong City Procuratorate agrees to report, it must be reported to the Baishui City Procuratorate, and it is impossible to bypass the Baishui City Procuratorate and report directly to the Minyue Provincial Procuratorate, so if Sun Qinghai wants to get a card, he can still get it.
But Huang Yixi and Shang Luoyu understood that the report was in the name of the procuratorate, and the reply was also, not to mention that Sun Qinghai's right to veto still had to be discussed collectively, just say that this report is much better than a private person.
At least the Baishui Prefecture Procuratorate has to worry about the Wurong City Procuratorate.
The more people who know, the harder it is to settle down.
"You can see that for so many years, Chen Shiqin has not reflected on her mistakes at all, and still believes that the deceased Zhang Lichun deserves it, and by retaining the right to prosecute crimes where the statutory maximum punishment is life imprisonment and the death penalty, as well as evading investigation and trial, it is to prevent criminal suspects like her from evading legal punishment, and to ensure that some major crimes with serious circumstances and consequences and bad social impact are duly punished.
Huang Yixi continued to talk eloquently, "We are all children here, I believe that several leaders are also filial people, otherwise it would be impossible to sit in this position, change places, compare hearts with hearts, push yourself and others, if you are in Huang Xiaotian's position, will you use all kinds of means to seek justice for your mother?"
This is for sure, there is still an old saying that the hatred of killing one's father and humiliating one's mother is not shared, and men have three points of blood.
"So, think about it, leaders, if Huang Xiaotian fails to seek justice for his mother from a legal point of view, will he take the risk to avenge his mother?
The people in the village have no legal knowledge, but they have the most simple legal views, if Chen Shiqin has nothing to do, that kind of Huang Xiaotian avenges his mother, how to punish him in law, everyone will definitely sympathize with him, saying that the government doesn't care about it, and he takes care of it himself, but if he is given a light sentence, what kind of impact will it bring, the people must think that as long as there is a reason, the murder can also be lightly sentenced.
Following Huang Yixi's thoughts, the faces of the people present gradually became serious.
Looking at Deputy Director Li and Deputy Director Chen, who were deep in thought, Director Zhou couldn't help but shake his head and sigh.
The two old men usually said that they were old and that it was time to move to the side of the hall to give up their place to the young people, but he knew how many old people were willing to admit that they were old.
Besides, they really aren't old.
However, the policy research office says that it is a research room if it sounds good, and it is a pension department if it is not good.
Whether a department is reused or not, see which direction the water flows, and which department the young prosecutor goes to, you will know.
Director Zhou knows very well that the Policy Research Office does play some roles in the Supreme People's Procuratorate and the Provincial Procuratorate, but for them, the grassroots procuratorate, except for writing some research reports, it is actually of little use.
Thinking of this, Director Zhou also coughed and spoke again, "If this thing is really done, it is also very difficult to do, not what you imagine, just wait for approval, you must know that there are many prosecutors with such views, and the statute of limitations has positive significance in promoting and encouraging criminals to turn over a new leaf, achieve the goal of crime prevention, save criminal justice resources, facilitate judicial organs to concentrate on cracking down on existing crimes, and maintain the continued stability of social relations." ”
Many things in principle, as long as they open an opening, are like dammed lakes, once the mouth bursts, it will form a flood peak downstream, and improper disposal will cause major disasters.
Deputy Director Li came back to his senses and knocked on the edge of the coffee table with his hand unconsciously, "Yes, yes, the case of Huang Xiaotian's mother does not meet the two situations of "not being limited by the time limit for prosecution", and it really has to be reported to the Supreme People's Procuratorate, not to fulfill Huang Xiaotian's filial piety. ”
The first of the two types of situations that are "not subject to the time limit for prosecution" is "evading investigation or trial after the people's procuratorate, public security organ, or state security organ has filed and investigated the case, or after the people's court has accepted the case";
The second type is "where the victim submits an accusation within the time limit for prosecution, and the people's courts, people's procuratorates, and public security organs shall file the case but do not file it."
"Evading investigation or trial" generally refers to the perpetrator deliberately not accepting interrogation or trial with the intention of evading legal sanctions, and does not include situations where the perpetrator makes reasonable excuses and is temporarily unable to accept interrogation or trial for some reason.
Indeed, no matter how relied on Huang Xiaotian's mother's case, it can't be relied on in these two situations.
Huang Yixi and Shang Luoyu were a little fortunate at this time, and now several prosecutors have paid attention to the views of the two of them.
Shang Luoyu only spoke at this time, "However, this case is a major crime with serious circumstances and consequences, and a bad social impact, even if the time limit for prosecution has passed, it still has social harm and impact, and if it is not prosecuted, it will seriously affect social stability or bring other negative impacts." Based on this alone, we believe that it should be prosecuted, the villagers in Chongrenli are watching, and Zhang Lichun, who has died and turned into a strange wet corpse, is waiting, and justice should never be absent even if it is long overdue. ”
"It's not easy to say, you must know that there are very few cases reported nationwide, even fewer successes, and the procedures are more complicated than you think. ”
Director Zhou, who had been thinking about it for a long time in making some achievements and spending the day safely, sighed, with his age, even if this thing is done, it is not in line with the exceptional promotion, why bother tossing it again, live a good life.
"No, in our Minyue, there was such a similar case the year before last, which happened in Funing Prefecture. ”
At 6 p.m. on the evening of March 27, 1991, it was raining and the night was hazy. On the busiest street in Funing Prefecture, Minyue Province, most of the shops have closed, and even XX is alone in the clothing store he runs is making preparations for the final closure. At this time, taking advantage of the cold of the rainy night, someone entered his store and robbed him under the pretext of buying clothes. Even XX was stabbed multiple times and fell in a pool of blood, and thousands of yuan in cash in the store were also looted.
In the case of Lian X X's murder, it had been 26 years since the murderer Wang was arrested, and according to the law, if the crime has passed the statutory statute of limitations, the criminal responsibility of the criminal will no longer be pursued. In order to bring the murderer to justice, the chief prosecutor of the Funing Prefecture Procuratorate visited Lian XX's family many times, and after collecting evidence from a large number of people in the surrounding area, he obtained sufficient witness testimony, proving that the impact of the case on the local area was extremely bad, and the impact was not diluted by the passage of time. Even some people gritted their teeth when talking about this old case, saying that they must seriously deal with the criminals and give an explanation to the Lian family and the common people.
Accordingly, Funing Prefecture believed that there was a need to prosecute the case, and reported it to the higher-level procuratorate for approval of prosecution.