Procuratorial Highlights
People's Daily Online | Anhui: Clean up the "pending cases" and escort the healthy development of private enterprises with the power of the rule of law
Time: January 28, 2022 Author: News source: [Font size: large | in | Small

 

    

   Original title  

   Anhui Procurator: "Suspended case" clearance  

   Escort the healthy development of private enterprises with the power of the rule of law  

   People's Daily Online, Hefei, January 20 (Han Zhenzhen) In March 2017, Li, who returned to Nanling County to start a school, got into a "lawsuit" because of the mixed use of school funds and personal funds. However, due to the special nature of the case, two years after the case was filed by the public security organ, it has not yet been transferred to the procuratorial organ for review, prosecution or other treatment according to law, and Li has always been carrying a burden on his heart. Until Anhui Province carried out the special clean-up of criminal proceedings involving private enterprises, the case finally ushered in a turnaround.  

   In 2009, Nanling County built a new campus of a private middle school, and Li, who returned home to start his own business, participated in the investment and accounted for 60% of the shares. In 2012, the headmaster Dai decided to transfer all 40% of his shares to Li because he was unable to manage the school.  

   In the process of school development, Li has successively invested tens of millions of yuan to ensure the smooth completion and normal operation of the new campus and benefit a group of local left behind children and young people. It can be said that he has done a great deed, but there were problems in the process of equity transfer.  

   Because the private middle school's financial system was not perfect and financial management was not standardized, Li directly arranged accounting and transferred more than 5 million yuan from the school's account to Dai's personal account. In 2015, although under the supervision of the competent department, Mr. Li made up the money, but was reported, on March 6, 2017, Nanling police filed a case against Mr. Li on suspicion of misappropriating funds.  

   Due to the dispute between crime and non crime, the case has not been settled for a long time. It has been filed for more than two years and has not yet been transferred for review and prosecution or other treatment according to law, forming a "pending case". During this period, Mr. Li also applied to the Nanling County Procuratorate for supervision and withdrawal of the case.  

   From October 2020 to September 2021, the Supreme People's Procuratorate and the Ministry of Public Security jointly deployed to carry out the special clean-up activity of "pending cases" of criminal proceedings involving private enterprises. During this period, Anhui Province cleared a total of 431 "pending cases" involving private enterprises, including the case of Li.  

   In the work, the Nanling County Procuratorate viewed the non-standard behaviors of private enterprises from the perspective of development. After the review, it issued the Notice of Cancellation of Cases to the public security organ according to the law, in accordance with the principle of a legally prescribed punishment for a crime and no suspect for a crime. At the end of 2020, Nanling County Public Security Bureau will revoke the case of Li's alleged misappropriation of funds.  

   Let private entrepreneurs completely put down their burdens and concentrate on the overall situation of local economic and social development. Similar situations still exist in the special clean-up activities of "hanging up cases" of criminal proceedings involving private enterprises.  

   The reporter learned from the Anhui Provincial Procuratorate that among the 431 "pending cases" cleared up in the province in the special activities, 420 have been cleared up, with a clearance rate of 97.45%. Among them, 190 cases have been voluntarily withdrawn by the public security organs, 155 cases have been supervised by the procuratorial organs, 53 cases have been transferred by the public security organs for review and prosecution, and 22 cases have been transferred to other departments for jurisdiction or other handling according to law.  

   "In the work, the provincial procuratorate closely cooperated with the provincial public security department, comprehensively sorted out the situation, and implemented the criminal justice policy of" fewer arrests, cautious prosecution, and cautious custody ", adhered to the concept of" supporting reform, encouraging innovation, and protecting entrepreneurship ", strictly followed the principle of a legally prescribed punishment for a crime, and no suspicion of a crime, and handled it according to law within the track of the rule of law to escort high-quality development of the private economy." The head of the relevant department of the People's Procuratorate of Anhui Province said.