Chapter 1306: On-the-spot learning
After arranging Xiao Jinbang's affairs, Bao Feiyang returned to the small conference room. At this time, nearly twenty minutes had passed since the ten-minute break he said, and most of the people attending the meeting, including Liao Xiaoqian, had already returned to the conference room, but Qiu Quanyong and Xiang Zhijiang had not yet been seen.
Bao Feiyang naturally understood what these two people were doing, and ignored it for the time being. However, when Liao Xiaoqian saw him coming back, she hurriedly came up to report, saying that two official letters had been issued, together with Bao Feiyang's handwritten order just now, and sent two of her most trusted subordinates to the Fengnan District People's Court and the Municipal Intermediate Court.
Bao Feiyang nodded, looked at Yue Xiaogang, director of the Comprehensive Management Office, and said, "Director Yue, you go out to find Qiu Jian and Xiang Yuan, let them come back quickly, and we will continue the meeting." ”
Originally, this work should have been handed over to Liao Xiaoqian, the director of the office, to do, but Liao Xiaoqian was so powerful with Qiu Quanyong and Xiang Zhijiang at the meeting just now, it was obviously inappropriate to let Liao Xiaoqian go at this time, so she had to temporarily wronged Yue Xiaogang.
Of course, Yue Xiaogang is very good at being a person, and he was already leaning on the side of the new secretary Bao Feiyang, and after listening to Bao Feiyang's instructions, he immediately agreed with a smile, stood up and went outside to find Qiu Quanyong and Xiang Zhijiang.
The legal political commissar is such a big place, and the work is not big, Yue Xiaogang found Qiu Quanyong and Xiang Zhijiang back.
"Secretary Bao, I'm sorry, I smoked outside and forgot the time!" Compared with Xiang Zhijiang, Qiu Quanyong was a little more sleek, and as soon as he followed Yue Xiaogang into the conference room, he hurriedly explained to Bao Feiyang. Whether Bao Feiyang believes his explanation or not, at least on the big picture, he covered up this matter.
Bao Feiyang nodded, and didn't go into detail about what Qiu Quanyong and Xiang Zhijiang were spending outside, he gently patted the table with his hand, and said, "Okay, everyone is here, let's continue the meeting!" ”
Looking around the venue, Bao Feiyang continued: "Just now everyone talked about their views on whether the retrial procedure of Rao Jianshan's corruption case should be initiated, and I think what they said is very good and reasonable. Originally, at this time, I should have talked about my own views and opinions on whether the retrial procedure of the Rao Jianshan corruption case should be initiated, but the two most important original files of this case have not been taken yet, so I will not express my views for the time being. So take this opportunity to study the relevant laws and regulations on the retrial of criminal cases. ”
Speaking of this, Bao Feiyang pointed to Li Daren, who was sitting at the edge of the conference table, and said: "This work will be handed over to my secretary, Comrade Li Daren, and let him read to you the relevant provisions of my country's criminal law on retrial." ”
"Secretary Bao, you don't need this, right?" Xiang Zhijiang raised his hand to raise objections, "The comrades here are all from legal and political backgrounds, and they are still very familiar with relevant laws and regulations, so there is no need to study them again, right?" ”
"Really? Comrade Xiang Zhijiang, are you sure that the comrades here are really very familiar with the relevant laws and regulations? Bao Feiyang glanced at Xiang Zhijiang lightly, "Then I won't talk about others, let's test you first, can you talk about the circumstances under which the people's court must start the retrial procedure?" ”
"This" Xiang Zhijiang was a little blindsided by Bao Feiyang's question all of a sudden, to be honest, cadres like him who transferred from the army to the court really don't know much about the legal provisions. Only when the case is tried concretely, will the secretary find the relevant legal provisions, compare them, and even in most cases, do not even look at the legal provisions, but just listen to the reports of the following people who are more familiar with the legal provisions. Now Bao Feiyang wants to test his legal texts, and he can't guarantee that he can answer them.
Bao Feiyang naturally understands what kind of level the judges of the court are under the current system, including Bao Feiyang himself, who is basically a layman leading an insider, and in this case, there is not much to learn about the legal provisions. After everyone has thoroughly studied these legal provisions, it is estimated that the two staff members of the legal political commissar who went to the court to retrieve the original meeting minutes will also come back, and they can just compare the legal provisions to talk about whether Rao Jianshan's case should be retried.
"Okay, Li Daren, you start reading!" Bao Feiyang made a gesture at Li Daren.
Li Daren nodded, opened the materials he had prepared, and began to read.
"The right to complain in criminal cases is a fundamental right granted to citizens by our Constitution. It refers to the right of citizens to lodge a complaint with a state organ or request a new handling of the official affairs of any state organ or its functionary that infringes upon their legitimate rights and interests due to their illegal dereliction of duty. Criminal complaints are the embodiment of this right of appeal in criminal proceedings. ”
"Criminal appeals within the jurisdiction of the people's procuratorate refer to appeals against the people's procuratorate's decision to conclude a lawsuit, as well as appeals against a people's court's criminal judgment or ruling that has already taken legal effect, including a civil judgment or ruling attached to a criminal case. Those who have the qualifications to be the subject of a criminal appeal are the parties to the original case, their legally-designated representatives, and the lawyers retained by close relatives may also represent the plaintiffs. ”
"The appeal shall be submitted to the people's court within two years of the completion of the defendant's criminal punishment at the latest. However, in any of the following circumstances, where the complainant in a criminal case submits a collateral appeal for more than two years, the people's court shall accept it. 1. Where the defendant in the original trial might be acquitted, 2. The defendant in the original trial submits a complaint to the people's court within 3 years of the completion of the criminal punishment, but the people's court does not accept it. ”
"Article 242 of the Criminal Procedure Law of the People's Republic of China: Where the appeal of the parties, their legally-designated representatives, or close relatives meets any of the following circumstances, the people's court shall retry the case:
1. There is new evidence showing that the facts ascertained in the original judgment or ruling were truly in error, and might impact the verdict or sentencing
2. The evidence on which the conviction or sentencing is based is not credible or sufficient, shall be excluded in accordance with law, or there are contradictions between the primary evidence proving the facts of the case
3. The original judgment or ruling was truly erroneous in the application of law
4. Violating legal procedures that might impact the fairness of the trial
5. When adjudicating the case, adjudicators engaged in acts of embezzlement and bribery, twisting the law for personal gain, or perverting the law in adjudication. ”
"Article 375 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China shall make a decision within three months and not more than six months at the latest. In any of the following circumstances, upon review, a new trial shall be decided on the basis of article 242 of the Criminal Procedure Law:
1. There is new evidence showing that the facts ascertained in the original judgment or ruling were truly in error, and might impact the verdict or sentencing
2. The evidence on which the conviction or sentencing is based is not credible or sufficient, and shall be excluded in accordance with law
3. There are contradictions between the main evidence proving the facts of the case
4. The main factual basis has been changed or revoked in accordance with law
5. The charges are found to be erroneous
6. The sentencing is clearly improper
7. Violating the provisions of the law on retroactivity
8. Litigation procedures that violate the provisions of law that might impact the fairness of the judgment
9. When adjudicating the case, adjudicators engaged in acts of embezzlement, bribery, twisting the law for personal gain, or perverting the law. Where the collateral appeal does not have the circumstances described above, the appellant shall be persuaded to withdraw the collateral appeal, and where the collateral appeal is still persistent, a written notice shall be given to reject it. ”
"Article 376:In any of the following circumstances, evidence that might alter the facts on which the original judgment or ruling was based for conviction or sentencing shall be found to be 'new evidence' as provided for in paragraph 1 of article 242 of the Criminal Procedure Law:
1. Evidence newly discovered after the original judgment or ruling took effect
2. Evidence that was discovered before the original judgment or ruling took effect, but was not collected
3. Evidence that was collected before the original judgment or ruling took effect, but has not been debated
4. The evaluation opinions, inquests, inspections, and other records or other evidence on which the original judgment or ruling was based have been altered or denied. ”