Chapter 150: The Power of Public Representatives
The police were unwilling to cooperate, and it was useless to say more, so Li Chao went straight to the Investigation and Supervision Department of the Procuratorate with Shanruo. £∝ Top Novel, www.
One of the responsibilities of the Investigation Supervision Section of the Procuratorate is to be responsible for the supervision of investigation activities, which mainly refers to the supervision of illegal acts in the investigation activities of the public security organs and the self-investigation department of the procuratorate. Specifically, it includes supervision over the extension of the period of detention for investigation, supervision over the collection of evidence, supervision over the implementation of compulsory measures, and so on.
Since the public security organs unreasonably refused to collect evidence, then let the procuratorate come forward to correct it.
Li Chao directly found the section chief, and when the section chief saw Li Chao, he smiled heartily and greeted happily: "Yo, isn't this lawyer Li Chao, the newly elected representative of the public opinion in the security zone?" No wonder my magpie is chirping, it turns out that there are distinguished guests coming to the door, Representative Li, are you here to supervise and guide our department? ”
Li Chao was very surprised, he didn't expect that he was elected as a representative of the people's will, and this prosecutor would know. The section chief continued to pull and said: "Representative Li, I have paid attention to the case you handled, and I admire your sharpness in handling the case. By the way, when you ran for the People's Congress, I also voted for you. ”
Unexpectedly, he met his supporters here, Li Chao smiled and thanked sincerely: "Section Chief Zhang, how dare I come to supervise and guide your work." I can be elected as a representative of the people's will, and I have to thank you for your support and love! Without your vote, I wouldn't have been elected. ”
Section Chief Zhang said with a hearty smile: "Representative Li, as a lawyer, you have put forward the dream of adhering to fairness and justice, which is a great touch to our judicial personnel. Since you are interested in pursuing fairness and justice, then I, as a political and legal policeman, will definitely support you in pursuing your dreams. ”
Then, Section Chief Zhang made a joke, "Lawyer Li, as a representative of public opinion, you have every right to supervise and know about our work. By the way, Lee is here today on your behalf. Why do you have to do it? I'm not here to be held accountable, I'm afraid! ”
Li Chao was amused by Section Chief Zhang's humor, hugged his stomach and said with a smile: "Section Chief Zhang, you are laughing, how dare you hold your procuratorate accountable, how bold do you be!" I'm here to trouble you with one thing. I represented a case involving domestic violence......"
Li Chao told the story of Yao Lianhua's case, and then talked about the problems encountered now, "The deceased Ye Tianlong committed domestic violence against Yao Lianhua for a long time, and Ye Tianlong maintained improper relationships with Lan Yuer of the opposite sex. As Yao Lianhua's defense lawyer, we applied to the public security organ to make an injury report on Yao Lianhua's injuries. and retrieved materials related to his improper relationship with Lan Yuer from Ye Tianlong's mobile phone. ”
But the Public Security Bureau replied that these two sets of evidence had nothing to do with Yao Lianhua's murder, and they refused to collect them. What I want to make clear is that these two pieces of evidence are directly related to the murder of Yao Lianhua's husband. If the public security organs do not accept our application, it will be a great injustice to Yao Lianhua, and it will not be conducive to a comprehensive investigation of the case, and it will deprive our parties of the right to apply for the collection of evidence. ”
"Therefore, I came to trouble Section Chief Zhang, and asked you to do the work of the Public Security Bureau and help collect these two pieces of evidence."
Section Chief Zhang frowned when he heard this. After thinking for a moment, he slowly replied: "Representative Li, I have also been in contact with domestic violence cases. Because of the selection of the leadership, several colleagues and I attended a training on domestic violence case handling jointly organized by the Huaxia Institute of Applied Law and the American Bar Association in June and July 2014, so on the one hand, my concept of domestic violence is relatively new. On the other hand, I am also sensitive to cases involving domestic violence. ”
"After listening to your story just now, it is clear that the murder of Yao Lianhua's husband involved domestic violence. Yao Lianhua has just been detained by the public security organs, and the arrest has not yet been approved. The police may not be aware of the facts of the case, or they may treat domestic violence as a family dispute and ignore the past. Thus. The police will reject your request to collect evidence. ”
"Representative Li and Lawyer Lin, thank you for your feedback. At present, the whole society does not have a deep understanding of domestic violence, and the homicide cases caused by domestic violence are still relatively cutting-edge and novel. The investigating agency does not have mature experience in handling domestic violence cases and specific legal guidelines that can be referred to, and it is inevitable that there will be negligence and impropriety. ”
Section Chief Zhang's words were reasonable, Li Chao listened to it, and nodded convincingly, Li Chao smiled generously and said tolerantly: "We understand that the investigation agency will inevitably have some scruples when handling the murder case, and tend to be conservative and cautious. However, Section Chief Zhang, you also know that these two pieces of evidence are very important to Yao Lianhua, and we also applied in accordance with the provisions of the law, and the investigating agency should help us collect them. ”
Section Chief Zhang nodded and said earnestly: "Representative Li, I understand what you mean. According to the provisions of the Criminal Procedure Law, the defense lawyer has the right to apply for the collection of evidence, and judging from the facts of the case, these two pieces of evidence are indeed related to the murder case, and the public security organs refused on the grounds that they had nothing to do with the case, and the reason for refusing was completely untenable. ”
"Since this case involves domestic violence, which is easily overlooked, our procuratorate will intervene in the investigation of the public security organs in advance and guide them in their investigation and evidence collection. Not only the two pieces of evidence that you applied to collect, but also other evidence, our procuratorate will also ask the public security organs to fully verify and collect it. In this way, the evidence in this case can be relatively standardized and comprehensive. ”
When Li Chao and Shanruo came, they only asked the procuratorate to supervise the public security organs and order the public security organs to collect the two pieces of evidence. Unexpectedly, Section Chief Zhang went one step further and even said that he would guide the public security organs to conduct a comprehensive investigation.
This is a very good thing, a comprehensive investigation will definitely find some evidence to prove that Yao Lianhua's crime is light, which will be of great help in reducing Yao Lianhua's punishment. Li Chao and Shanruo were both smiling and looked at each other with a smile.
Li Chao smiled and thanked: "Section Chief Zhang, I really want to thank you!" You are so sensitive and concerned about cases involving domestic violence, which shows a very high level of legal literacy! It will also be of great help to correctly judge Yao Lianhua's crimes! ”
Shanruo's beautiful eyes were also full of gratitude, and she said with a smile: "Yes, Section Chief Zhang is worthy of being trained in the handling of domestic violence cases, and his response is so sensitive and accurate, Yao Lianhua must thank you for taking the initiative to collect relevant evidence of domestic violence for her!" ”
Section Chief Zhang smiled heartily and quipped at Li Chao: "Representative Li, as a lawyer, is dedicated to the pursuit of fairness and justice. As prosecutors, we found that the key points in the case were neglected, and in order to maintain fairness and justice, of course, we had to take the initiative to supervise and urge the investigating authorities not to omit the key facts of the case. ”
Li Chao gave a thumbs up directly to Section Chief Zhang, and praised sincerely: "Section Chief Zhang, your business ability is admirable, thank you so much for getting to the point at once!" ”
Shanruo also praised: "Section Chief Zhang, I really want to thank you!" Just now we were coldly rejected in the public security organs, but I didn't expect your procuratorial organs to have such strong professional capabilities, and they can understand and support it as soon as they say it, and it is smooth to find you to do things! ”
Section Chief Zhang laughed and quipped: "Representative Li, Lawyer Lin, don't praise me too much, I will blush." Actually, I'm not as powerful as you say, but I have a little ninety-nine in my heart. ”
Li Chao was stunned for a moment, Section Chief Zhang shook his eyebrows and said wittily: "Lawyer Li Chao is a representative of public opinion in the security zone, if we do not act in accordance with the law and directly reject Representative Li's legitimate and legitimate application, Deputy Li can fully hold us accountable as a representative of public opinion." At that time, we couldn't eat and walk around. ”
"I'm still sweating for the comrades of the Public Security Bureau, how dare they be so good in front of the representatives of the people's will, and they are not afraid of the special supervision of the representatives of the people's opinions?"
Section Chief Zhang's ridiculous words made everyone laugh. Li Chao waved his hand and said in a low-key manner: "Section Chief Zhang, you are wearing a high hat for me, the district public opinion congress can hold all administrative organs and judicial organs accountable, and require a certain unit to make a special report on a specific issue or the implementation of the law." But I, as a representative of the people's will, how can I have so much energy? ”
Section Chief Zhang pointed at Li Chao with his right hand in the air, and said with a smile: "Representative Li, you are humble. As the highest organ of state power, your people's congress must appoint and dismiss judges and procurators, and you must vote on your work reports. You supervise the implementation of the Constitution and laws, and if the public security organs dare not act in accordance with the law in front of the representatives of the people's will, they are really bold! ”
"Deputy Li, the district public opinion congress will be held the day after tomorrow, and you are giving face to the public security organs today! Otherwise, the day after tomorrow, the director of the public security bureau of the security zone will definitely make a review report at the conference! You have saved face for the Public Security Bureau, and I will definitely convey this. ”
To be honest, in the Public Security Bureau before, if Li Chao directly revealed his identity as a representative of public opinion, the policeman who handled the case would definitely not be so tough. In China, the power of the people's opinion deputies is not big or small, and some people or units can not care about individual people's opinion representatives, but when the people's opinion congress is about to be convened, the people of each unit dare not provoke the people's opinion representatives.
Quite simply, if you offend the public opinion representative when the meeting is about to begin, as long as the public opinion representative puts forward a targeted proposal or calls on other representatives to initiate a special accountability and ask a certain unit to report and explain a specific problem, it will be a big trouble, a big loss, and a big loss, which means that the work of the unit has not been affirmed by the masses.
Although Li Chao has the aura of a representative of public opinion, as a lawyer, Li Chao does not want to have too stiff a relationship with the public security organs, so he will come to the procuratorate according to the normal procedures, otherwise Li Chao will directly expose his face, and the policeman who handled the case will definitely be scolded by their leaders. (To be continued......)
PS: Ask for subscription support! R527