Typical cases of judicial handling during epidemic prevention and control assisted by procuratorial information technology
During the COVID-19 epidemic, due to the strict prevention and control measures taken by the detention center and other places handling cases, litigation activities such as summoning, evidence collection, and court sessions were greatly affected, or even could not be carried out normally. To this end, the procuratorial organs conscientiously implement the deployment requirements of the central government for resolutely winning the fight against COVID-19 epidemic, strengthen the procuratorial responsibility for epidemic prevention and control, focus on increasing the application of information technology, and make full use of the information system for handling cases integrated with politics and law, the "three remotes and one network" (that is, remote multi-party trial, remote prompt, remote delivery, and procuratorial work network) system The criminal intelligence case handling system, cloud technology and other information technology help to handle cases, actively perform procuratorial functions, and pay close attention to the epidemic prevention and control work and daily procuratorial work simultaneously. While ensuring that all kinds of criminal crimes are punished according to law, maintaining the order of epidemic prevention and control, and the overall social stability, it has vigorously promoted the application of procuratorial informatization, promoted the further integration of procuratorial business and scientific and technological information, and accumulated useful experience for judicial case handling under the situation of normalized epidemic prevention and control, which is worth summarizing, deepening, and promoting. The Supreme People's Procuratorate has selected five typical cases where the informatization of procuratorial organs in various regions has helped to handle epidemic related cases and released them.
1、 Using information technology to effectively solve the problems of criminal prosecution under the situation of epidemic prevention and control
[Technical essentials] During the COVID-19 epidemic, the procuratorial organs conscientiously implemented the deployment requirements of the central government on resolutely winning the fight against COVID-19 epidemic, and made full use of new procuratorial skills to handle cases on the basis of strict justice. First, handle the relationship between procuratorial informatization and case handling. We will make full use of the unified business application system of the procuratorial organ, the information system for the integration of politics and law, the criminal intelligence auxiliary case handling system, and the "three remotes and one network" system to deeply integrate the achievements of procuratorial technology innovation with the procuratorial work, form a new procuratorial work model, effectively solve the problems of difficult notification, difficult interrogation, difficult signature, and difficult court trial, and realize remote interrogation, remote conference Remote trial, etc., so as to better serve the procuratorial work during the epidemic. The second is to handle the relationship between procuratorial informatization and ensuring the quality of handling cases. Through the integration of political and legal case handling system and the criminal intelligence auxiliary case handling system, it is connected with the public security organs and courts, and combined with the specific situation of case handling, to realize the effective sharing of case information resources, so as to effectively guide the public security organs to investigate and collect evidence, fix evidence, and play a due role in approving arrests, initiating public prosecutions and trials. Third, handle the relationship between procuratorial informatization and improving case handling efficiency. Through the standardized operation of case acceptance, distribution, file collection, case delivery management, property management involved in the case provided by the integrated case handling system of politics and law, ensure the efficient, safe and stable operation of the case in handling.
Case 1: Chongqing Nan'an District People's Procuratorate used handwritten electronic signatures to effectively solve the problem of stamping the signature of Wang Moumou's remote interrogation record suspected of theft
Case Information During the period from December 22, 2019 to January 2020, Wang Moumou, a juvenile criminal suspect, together with others, stole mobile phones, cash and other items in stores many times in Shangxin Street, Chayuan New District, Nan'an District, Chongqing. On January 6, 2020, Wang was arrested.
On February 5, 2020, Chongqing Nan'an District Public Security Branch submitted Wang, who had taken criminal detention, to Chongqing Nan'an District People's Procuratorate for approval of arrest. Due to the outbreak of COVID-19, prosecutors cannot go to the detention center to summon suspects. On February 10, the Nan'an District People's Procuratorate, witnessed by a suitable adult, completed the task by using the remote prompt handwritten electronic signature printing system. The prosecutor uses the handwritten electronic signature imprinting system to make an electronic record in the procuratorate, and then sends it to the remote interrogation room of the detention house synchronously after signing and confirming with the appropriate adult through the signature board. Wang Moumou directly signs and imprints on the signature board after checking and confirming. The prosecutor, criminal suspect, and appropriate adult shall submit it to the handwritten signature printing system for filing after confirmation, and upload the electronic record to the unified business application system.
On February 12, the People's Procuratorate of Nan'an District of Chongqing made a decision not to approve the arrest of Wang Moumou according to law because the criminal suspect Wang Moumou committed a minor crime in a relatively minor manner and truthfully confessed his criminal facts when he arrived at the case. He had a good attitude to confess his crime, and was qualified for guardianship.
[Technology Application] During the epidemic, after the confirmed cases occurred in prisons in Shandong, Hubei and other places, the detention center in Chongqing suspended face-to-face interrogation, which made it difficult for procuratorial organs to handle cases. In the traditional remote interrogation, the prosecutor sends the electronic record to the detention center, and the clerk in the detention center prints the paper record. Then, the paper record is submitted to the criminal suspect for verification, signature and stamping, and returned to the unit for signature and confirmation by the prosecutor. Finally, the prosecutor scans the paper record into an electronic record and uploads it to the unified business application system. This process has led to two problems. First, it is unsafe to handle cases. The clerk in the detention center has face-to-face contact with the criminal suspect and the police in the detention center, which increases the risk of epidemic transmission. The second is that the evidence is unsafe. During the epidemic, due to the inability to contact face to face, the final paper record is not signed and confirmed by prosecutors, suspects, witnesses, etc. at the same time, there is a problem of "signing after the event", and the paper record is not easy to be found after being tampered with.
Remote notification handwritten electronic signature printing system has played an important role in the critical period. First, it ensured the safety of handling cases. The handwritten electronic signature printing system is used to make interrogation records, which eliminates the printing, transmission, scanning and other links of paper records in traditional remote messaging. The most important thing is that the criminal suspect can sign and stamp on the record in the interrogation room of Nan'an Detention Center, which reduces the cross contact of personnel in the interrogation process and truly achieves zero contact. The second is to ensure the security of documentary evidence. The handwritten electronic signature imprinting system records the user's signature, signature track, pen mark, time, on-site photos and other information, and ensures the integrity of electronic records through digital signature encryption technology to prevent tampering, which can be verified and restored afterwards. At the same time, the signature imprinting process is equipped with synchronous audio and video recording to further ensure the authenticity of the record signature imprinting. Only during the epidemic period from February to March 2020, the People's Procuratorate of Nan'an District produced 189 electronic records, fully meeting the needs of handling cases. The third is to adapt to the needs of handling cases by customizing various legal document templates. The handwritten electronic signature printing system can customize special interrogation function modules and configure relevant legal document templates according to the needs of different cases. At present, the system has embedded eight types of legal documents, such as the letter of guilty plea, the letter of leniency, which further improves the convenience of the system.
The remote notification handwritten electronic signature printing system complies with the provisions of the Opinions on the Application of Electronic Signatures and Electronic Fingerprint Printing in Criminal Proceedings (GTZ [2019] No. 18) jointly issued by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security, and technical specifications such as security authentication and encryption can ensure that the original data is packaged into an unalterable file format and stored away from the original system Archiving successfully solved the "last mile" problem during the epidemic.
2、 Information technology opens the "non-contact" case handling mode to help implement the system of pleading guilty, pleading guilty and giving lenient punishment
[Technical essentials] During the prevention and control of COVID-19 epidemic, in order to avoid the risk of infection caused by personnel mobility, the procuratorial organs started the "non-contact" case handling mode, made full use of information technology to handle epidemic related cases, and relied on a variety of intelligent information systems, covering the whole process of file handover, file review, interrogation, lawyers' reading, lawyers' witness, and sentencing suggestions, We promoted the implementation of the system of leniency in pleading guilty and punishment, promoted the adoption of recommendations on accurate sentencing by procuratorial organs, and efficiently promoted the rapid handling of cases, ensuring that cases are handled according to law and epidemic prevention and control are not mistaken.
Case 2: Shanghai Railway Transport Procuratorate used the "non-contact" case handling mode to handle the case of Li's suspected illegal purchase and sale of precious and endangered wildlife
Case Information At the end of 2019, the defendant Mr. Li met the defendant Mr. Lu who likes hawks and falcons through WeChat platform. Without the qualification of domestication, breeding and operation, he sold two peregrine falcons (national second-class protected animals) to the defendant Mr. Lu who is also unqualified for personal feeding at the price of 2300 yuan and 4000 yuan for profit. On March 17, 2020, the Shanghai Railway Transport Procuratorate concluded the case in a "non-contact" manner and initiated a public prosecution against the defendants Li and Lu.
[Technology Application] Shanghai Railway Transport Procuratorate, in the process of file transfer, relies on its built intelligent file archiving management platform, and adopts the self-service mode of online distribution reminder, offline scanning code and volume retrieval to achieve contactless handover of physical files.
In the remote interrogation link, in addition to using the remote video equipment of the hospital to interrogate Mr. Lu who has obtained a guarantor pending trial, Mr. Li, who is detained in the detention center of Chongming District, is also connected across the district for remote interrogation. At the same time, set up a remote online appointment platform to help investigators reasonably arrange the time for trial and improve the efficiency of case handling.
In the process of lawyers' marking, lawyers are guided to complete online review of their qualification and appointment of marking time by means of network and telephone, and special self-service marking equipment is set up. Lawyers can take and read the case they represent by themselves after swiping and identifying the lawyer's ID information. At the same time, with the help of "face brushing temperature measurement" equipment, non-contact temperature monitoring is conducted for all personnel entering the Shanghai Railway Transport Procuratorate to ensure the health and safety of personnel in the hospital.
In the case file review process, relying on the criminal intelligence auxiliary system to complete the online file review, coupled with the risk monitoring system of confession and punishment built by the Shanghai Railway Transport Procuratorate, real-time early warning and risk assessment of cases are carried out to help the undertaker accurately grasp the conviction and sentencing by automatically comparing the indictment and judgment of "similar cases".
Case 3: The People's Procuratorate of Huangyan District, Taizhou City, Zhejiang Province used information technology to handle the fraud case of epidemic prevention supplies of Mr. Huang
Case Information From January 25 to February 20, 2020, during the period of COVID-19 epidemic prevention and control, Huang still released false information about the sale of masks, forehead temperature guns and other epidemic prevention supplies through WeChat friends circle, knowing that there was no supply of goods, and repeatedly collected 3 million yuan of payment for goods from Wu and other three people through Alipay, WeChat and bank card. During the period, 2.4 million yuan was returned in succession due to the doubts of the victims, and 570000 yuan was not returned until the crime. On February 26, Huang was summoned to the case by the public security organ. On March 4, the fraud case of Mr. Huang was transferred to the People's Procuratorate of Huangyan District, Taizhou City for examination and prosecution; On March 11, the People's Procuratorate of Huangyan District filed a public prosecution with the People's Court of Huangyan District for the crime of fraud and proposed to determine the sentencing; On March 20, the People's Court of Huangyan District adopted the sentencing proposal of the People's Procuratorate of Huangyan District after a court session and sentenced the defendant Huang Moumou to 10 years and 9 months of fixed-term imprisonment and a fine of 160000 yuan for fraud.
[Technology Application] On March 4, 2020, Huang's fraud case was transferred for review and prosecution through the integrated case handling system of politics and law. In the process of case handling, the procuratorial organ makes full use of information technology to ensure the smooth progress of case litigation.
First, use technical review to ensure the quality of cases. During the epidemic period, there was a shortage of epidemic prevention supplies, and the demand of the masses increased sharply. There were many online fraud cases against epidemic prevention supplies. The procuratorial organs need to pay attention to the collection, review and application of electronic evidence when handling cases. The key evidence of this case is mainly electronic evidence such as SMS, WeChat chat records, WeChat and Alipay transaction records stored in mobile phones, which are vulnerable to deletion, virus damage and modification. In response to this situation, in the early intervention stage, guide the investigation organ to fix the electronic evidence at the first time and collect electronic data comprehensively and accurately; In the stage of review and prosecution, all the electronic evidence of the case will be entrusted to the technical department for investigation and review, and the incomplete evidence information will be recovered, so as to build a perfect evidence system, urge the defendant to plead guilty, improve the case quality, and ensure the trial effect.
The second is to use the "single track system" to ensure the combination of law and efficiency. During epidemic prevention, we should not only reduce personnel contact, but also handle cases according to law and improve the efficiency of handling cases. This case uses the "single track system" coordinated case handling mode of Zhejiang's political and legal integration, that is, the original paper files and legal documents are all replaced by electronic files, and the contactless push is carried out through the political and legal integration case handling system. Through online review of the case, legal documents were delivered at one click, and the case took only 10 days to file a public prosecution to the court, which not only reduced personnel contact, but also improved the efficiency of handling the case, achieving the goal of both handling the case according to law and epidemic prevention and control.
The third is the explanation from multiple angles to promote the confession of guilt and punishment. This case uses the big data of the procuratorial organ, synthesizes the whole case, and through comparative analysis of similar cases, puts forward suggestions on determining punishment and sentencing. The case handlers fully interpreted the law and reasoned with Huang from the perspectives of facts, evidence, human feelings, jurisprudence, etc., flexibly used the collected electronic evidence to urge him to plead guilty and accept punishment, and signed a written statement of guilty and accept punishment, agreeing with the recommendation of the procuratorial organ to determine the punishment.
Fourth, multimedia evidence in court and accurate sentencing were adopted. The harder we fight the epidemic, the more we need to handle the case according to law. In line with the concept of "taking the lead in handling difficult cases and handling cases well", the case was handled by the Procurator General in person and performed his duties in court, and the President of the Court served as the presiding judge in person. Through the digital file transmitted by the integrated case handling system, the court trial plan was rapidly made, and the clear, comprehensive and vivid evidence of the court trial was displayed, so that the judge, the defendant, the defender and the audience could clearly understand the full picture of the case. The court finally adopted the precise sentencing proposal of the procuratorial organ.
Case 4: The People's Procuratorate of Longfeng District, Daqing City, Heilongjiang Province handled the case of Zhang's obstruction of official duties in a "cloud" manner throughout the process
Case Information Zhang, female, resident of a community in Longfeng District, Daqing City. In the morning of February 12, 2020, Mr. Zhang wanted to leave the gate of the community, but was stopped by the community epidemic prevention staff because his pass expired and the number of times was exhausted. Zhang stressed that he was "going out to work and I was not ill", but he could not show his company's certificate and refused to provide the company's contact information. After the staff's patient persuasion failed, the irascible Zhang took off his mask, collided with and cursed the staff, causing many people to gather at the north gate of the community, seriously affecting the access of other residents in the community. Seeing that the epidemic prevention personnel insisted on the principle, Zhang also took the initiative to call the police, claiming that the staff had beaten him. After two police arrived at the scene, they asked them to wear masks and leave the scene to restore the order of other people. Zhang refused to cooperate with the police to ask, kicked one police officer, scratched another police officer's hand, and then was forced to leave according to law. After arriving at the sub bureau, Mr. Zhang dragged off the law enforcement recorder of the police on duty and cried loudly on the ground. Zhang's behavior seriously interfered with the epidemic prevention and control work and had a bad impact. On February 20, the People's Procuratorate of Longfeng District, Daqing City filed a public prosecution against the case to the People's Court of Longfeng District. On February 26, the People's Court of Longfeng District, Daqing City held a remote hearing to hear the case. In view of the defendant Zhang pleaded guilty and pleaded guilty to punishment, the defendant Zhang was sentenced to 11 months' imprisonment in court for the crime of obstructing public service.
[Technology Application] During the epidemic, the People's Procuratorate of Longfeng District, Daqing City, used a variety of information means, including the supervision platform for investigation activities, cloud video handheld office software, remote exchange integration platform, remote summoning and remote court trial, to achieve the whole process of handling cases in advance, fixing evidence, bringing up for trial and court trial without contact with the "cloud", While ensuring the efficiency of case handling, it avoids personnel flow and direct contact, and eliminates the possibility of virus transmission.
On February 13, 2020, the People's Procuratorate of Longfeng District, Daqing City connected the supervision of investigation activities with the law enforcement supervision of public security organs through the "supervision platform of investigation activities", organically integrated the supervision of investigation activities with the review and arrest work, supervised the whole process of public security organs' case handling in combination with the needs of epidemic prevention and control during the epidemic, accurately identified node problems and made dynamic analysis. In the case of Mr. Zhang suspected of obstructing public service, two prosecutors were assigned to intervene in advance, and used cloud video and other handheld office software to communicate and guide the investigation organ to investigate and collect evidence. On the basis of a detailed understanding of the case and a careful review of the evidence materials in the file, from the perspective of improving the evidence chain and ensuring that the evidence is really sufficient, the paper proposes to obtain the evidence collection opinions from six aspects, including the announcement of the Daqing Municipal Government on the documents related to closed management during the epidemic.
On February 17, the public security organ submitted a request for examination and arrest for Zhang's suspected crime of obstructing public service, and the People's Procuratorate of Longfeng District approved the arrest according to law on the day of acceptance. On February 19 and 20, the case handling prosecutor completed the remote custody change procedure through the integrated withdrawal and exchange system, and raised Mr. Zhang twice through remote video to inform him of his rights and obligations and relevant provisions of the system of confession and punishment. While handling the case, he explained the law and reasoned, repeatedly guided and patiently explained to Zhang the nature and harm of his behavior. Finally, Mr. Zhang expressed his repentance and voluntarily signed the Letter of Acknowledgment and Punishment through the remote confession and punishment system, agreeing to apply the expedited adjudication procedure. On February 20, the People's Procuratorate of Longfeng District, Daqing City filed a public prosecution against the case to the People's Court of Longfeng District, Daqing City. On February 26, Daqing Longfeng District People's Court, Daqing Detention Center and Longfeng District People's Procuratorate held a remote hearing to hear the case. In view of the defendant Zhang pleaded guilty and pleaded guilty to punishment, Longfeng District People's Court adopted the sentencing suggestion of the procuratorial organ and sentenced the defendant Zhang to 11 months' imprisonment in court for the crime of obstructing public service.
3、 Information remote handling of criminal appeals and judicial assistance to protect the legitimate rights and interests of the parties
[Technical essentials] Following the principle of providing the people with more abundant and high-quality procuratorial products, making the law warm, making justice more efficient, and making the people more satisfied are the unremitting goals of procuratorial work in the new era. 12309 The procuratorial service center, as a window for procuratorial organs to handle cases, is a "sensor" for procuratorial organs to handle cases with quality and efficiency, and receives the most direct feedback from the people on their satisfaction with procuratorial products. In the process of handling cases, we explored the use of WeChat official account and other information means to complete the smooth clue reporting channel, remote access, the system of dispatching lawyers on duty to cooperate with remote video to provide online legal advice and help, use the remote case handling platform to handle cases through tripartite video of case handlers, lawyers and callers, remote reminders to verify the case, and mobile phone SMS push of case procedural information, Finally, the remote delivery of legal documents and other work really realized the informatization of the whole process of 12309 petition cases from acceptance to closure.
The national judicial relief is a supplementary relief measure for the parties who suffer from criminal infringement or civil infringement and cannot obtain effective compensation through litigation. For the victims of criminal cases or their close relatives who have suffered personal injuries or significant property losses, the procuratorial organ shall pay relief funds as the main way to help them face urgent difficulties in their lives. During the epidemic prevention and control period, the People's Procuratorate, in the process of handling cases, stood on the height of practicing the Party's mass line, strengthening rights relief and promoting the construction of judicial public trust, took the way of online communication, online investigation and online handling, actively learned about the family life of the parties concerned, and quickly carried out relief work for the parties who met the conditions for relief, It not only highlights the concern of the Party and the government for people's livelihood, but also helps to further realize social fairness and justice.
Case 5: The informatization of the People's Procuratorate of Chengguan District, Lhasa City, Tibet Autonomous Region ran for 12309 in the whole process, and the petition cases were converted into judicial assistance
Case Information In May 2018, Yan (the complainant), a migrant worker from Sichuan to Lhasa, clashed with Zhang, the defendant of the original case, due to labor disputes, and was beaten to cause serious injury of Grade II. Later, Zhang surrendered himself. The court heard that Zhang was sentenced to two years and ten months in prison for intentional injury, with 92000 yuan of civil compensation for Yan. However, because Zhang is unable to compensate and has no enforceable property, Yan has never received any compensation. In January 2019, Mr. Yan complained to the People's Procuratorate of Chengguan District, Lhasa City, in order to obtain legal compensation, because he did not accept the effective judgment. After the preliminary examination of the interviewed police, it was found that the reason for his complaint was not tenable. However, as a criminal victim, Yan spent a lot of money on treatment for serious injuries, and was physically disabled. It was difficult to earn a living by working. In addition, she had to support her daughter, parents and parents in law. The family was very difficult to live. She was a poor household with a registered card, which basically met the conditions for judicial assistance. So, while informing Yan of his review opinions on the petition cases, he told him that he could apply for judicial relief. After Yan applied for judicial assistance, the People's Procuratorate of Chengguan District, after examination, considered that Yan met the conditions for judicial assistance according to law, decided to issue a national judicial assistance fund of 40000 yuan to the applicant Yan, and delivered the decision on judicial assistance remotely.
[Technology Application] When the People's Procuratorate of Chengguan District, Lhasa City informed Yan that he could apply for judicial assistance, it introduced the channels for submitting relevant materials for online case handling and online video interview.
Since then, Mr. Yan has consulted the case handlers and the lawyers on duty in the hospital through remote video interviews for many times. In order to better explain the law and reason and resolve social conflicts, the case handlers contacted Yan, the lawyer on duty, the original case handling prosecutor and others remotely to verify the case, not only found out the relevant facts, but also calmed Yan's doubts and dissatisfaction with the help of the lawyer on duty. Finally, Yan, a complainant, understood the relevant laws and regulations, withdrew the complaint request, and accepted the recommendation of the procuratorial organ to apply for judicial assistance.
In March 2020, Yan submitted the Application for Judicial Assistance, Disability Identification Opinions, information on economic losses and poor people and other relevant supporting materials through the remote access platform of WeChat official account. The procuratorial organ's case handlers have repeatedly communicated with lawyers and petitioners to verify the details of the case through remote video case handling, and have synchronously pushed the procedural information of case handling to Yan via SMS. Within 4 working days after Yan submitted his application for relief, according to the Detailed Rules of the People's Procuratorate on National Judicial Assistance (for Trial Implementation) and the relevant requirements of the Supreme People's Procuratorate and the Poverty Alleviation Office of the State Council on the Implementation of the Opinions of the Procuratorate on Judicial Assistance Work to Support Poverty Alleviation, the People's Procuratorate of Chengguan District believed that Yan met the conditions for judicial assistance according to law, It was decided to issue the national judicial assistance fund of 40000 yuan to the applicant, Yan, and delivered the judicial assistance decision remotely.
Throughout the whole process of handling the case, from petition cases to judicial aid cases, the People's Procuratorate of Chengguan District effectively resolved the social contradictions of the petition cases by means of informatization, "efficiently" guaranteed the legitimate rights and interests of the people, and completed all judicial procedures from application, review to making a rescue decision in only four working days, We have fully implemented various epidemic prevention and control measures, and made every effort to ensure that the procuratorial work did not stagnate or delay during the epidemic. We have truly implemented the requirements of the Supreme Procurator, Procurator General Zhang Jun, to "let more data run away and less people run errands" in case handling, so that the people feel "efficient" fairness and justice in the case.
Integration of procuratorial technology and procuratorial business promotes epidemic prevention and control and forces rapid development of informatization ——Miao Shengming, Director of the First Procuratorial Office of the Supreme People's Procuratorate, and Zhong Fuxiong, Deputy Director of the Procuratorial Technology Information Research Center, answered questions about typical cases of judicial handling during the period when procuratorial information technology helped to prevent and control the epidemic
Reporter: Under the situation of normalization of epidemic prevention and control, what are the main considerations for releasing such a batch of typical cases of informatization assisted procuratorial work?
Answer: The epidemic has posed many challenges to the procuratorial work. Prosecutors have encountered unprecedented difficulties in handling cases. It is precisely because of the challenges and difficulties that the informatization construction of procuratorial organs has been forced to develop rapidly in a more convenient, efficient and secure direction, creating a variety of informatization means for procuratorial work.
At the beginning of the epidemic prevention and control, in order to effectively ensure that cases are handled in a timely manner according to law, the Supreme People's Procuratorate formulated the Guiding Opinions on Issues Related to Handling Criminal Cases during the Prevention and Control of COVID-19 on January 30, 2020, It was proposed that "during the epidemic prevention and control period, the written review of the case file should be the main way, and the face-to-face interrogation of criminal suspects, witnesses and other litigation participants should be avoided as far as possible, and the opinions of defense lawyers should be listened to. It can be conducted by telephone or video, so as to reduce the flow of personnel, gathering, meeting and talking" "If it is the case that the criminal suspect should be interrogated according to the rules of criminal procedure, remote video or other methods can be used for interrogation". On February 6, the Supreme People's Procuratorate issued the Notice on Organizing Procuratorial Work during Epidemic Prevention and Control, again emphasizing that "in handling all kinds of cases, in view of the current situation of epidemic prevention and control, we should take the written review of case files as the main way, try to use telephone or video and other methods, focus on playing the role of the intelligent procuratorial system, and reduce the flow, gathering and meeting of personnel" 。
Under this situation and background, procuratorial organs at all levels strengthen the cooperation between procuratorial business departments and information technology departments, promote the deep integration of procuratorial case handling and information technology, and gradually explore a new method to fully use the political and legal integration case handling system, the "three remotes and one network" system, the criminal intelligent auxiliary case handling system, cloud technology and other information technology to assist in case handling The new path actively performs the procuratorial function, pays close attention to the epidemic prevention and control work and the daily procuratorial work simultaneously, under the special environment of epidemic prevention and control, ensures that the epidemic prevention and control and the handling of cases according to law are correct, punishes all kinds of criminal acts that hinder the prevention and control of the COVID-19 epidemic according to law, protects the legitimate rights and interests of the people and litigation participants according to law, and has achieved very significant results.
At present, the prevention and control of the epidemic has entered the normalization. During the epidemic, the effective experience and beneficial practices of informatization in assisting procuratorial work should be summarized and fixed in a timely manner, and innovative exploration should be continued to provide reference for the rapid development of informatization in procuratorial work, so as to improve the intelligence level of procuratorial work in practice, improve the quality and efficiency of case handling, and achieve the innovative development of procuratorial work, We will modernize the smart procuratorial system and technology supply capacity in the new era, and better meet the people's new requirements and expectations for procuratorial work.
Reporter: What difficulties did prosecutors encounter in handling cases during the epidemic? How to solve these difficulties by means of informatization?
Answer: The COVID-19 epidemic has brought some inconvenience to the people's production and life, including the procuratorial work. It is mainly difficult to interrogate, sign and confirm, and print. During the epidemic, local procuratorial organs made full use of remote interrogation technology to effectively solve these problems.
The remote interrogation system uses modern information technology to realize timely communication and synchronous transmission of images and audio from both sides, so as to achieve the effect of "face-to-face" interrogation. The case handlers do not need to face the criminal suspects in custody in the detention center, but directly conduct online interrogation through the remote interrogation system.
In the typical case announced this time, Chongqing Nan'an District Procuratorate has effectively solved the problem of signature and printing of Wang's remote interrogation record by exploring and developing a handwritten electronic signature and printing system. During the epidemic, handwritten electronic signatures can effectively prevent the investigators from contacting the parties through paper records, further ensuring the safety of handling cases during the epidemic. The signature system prints the signature on the signature board, which is consistent with the traditional paper signature printing process and use. It does not need to configure identity authentication KEY and other equipment, does not change the use habits of the signer, and is easy to use. Since January 2020, the Chongqing People's Procuratorate has promoted the application of the system in the procuratorial organs of the whole city, and has also effectively solved the problem of evidence validity of electronic signature remote video interrogation records. At present, the use of electronic signatures in remote interrogation has become mature in legal and technical aspects, and has the conditions for use. The system also eliminates the printing, transmission and scanning process of paper records in traditional remote notification, and the electronic records produced are easier to store, saving case handling time and reducing case handling costs. At the same time, the case handlers and suspects shall stamp their signatures on the electronic records on the spot to avoid the situation of "re signing after the event" in the paper records of traditional remote reminders.
For another example, the procuratorial organ of Heilongjiang Province has organized and coordinated procuratorial business departments at all levels, detention centers, judicial legal aid centers, and built a set of standards in Daqing, which are unified, intelligent, efficient, and future oriented Resource saving "integrated platform for remote declaration and exchange". The platform provides online processing of the whole business process, such as the change of the security card, the request for a certificate, the appointment, the obligation notification, the interrogation record, the confession of guilt and punishment, the delay notification and notification, the same screen demonstration, the electronic signature, signature, and stamping, and truly realizes the real-time online full business processing of the remote network where the case handlers and lawyers do not need to go back and forth to the scene.
Reporter: Can you introduce what procuratorial informatization case handling systems or platforms the procuratorial organs have at present?
Answer: At present, there are mainly political and legal integration case handling system, "three remotes and one network" platform, intelligent file archiving management platform, criminal intelligent auxiliary system, etc.
The integrated case handling system of politics and law is to achieve online collaborative case handling among public security, procuratorates and courts, including the comprehensive online circulation of case documents, electronic files, property involved in the case, etc., around the goal of opening up platform data, promoting business collaboration, deepening data application, and improving the quality and efficiency of case handling. The whole process of "single track" case handling without paper files.
"Three remotes and one network" is one of the key modules in the intelligent procuratorial affairs, including remote multi-party trial, remote prompt, and remote delivery. The unified cloud platform and cloud desktop construction and development based on the procuratorial work network adopt one person and one account, ensuring the security and efficiency in the business application process. During the epidemic, the "non-contact" remote case handling mode realized the "acceleration" of the procuratorial work of the fast detective case, which benefited from the introduction of an open network environment under the premise that the system guaranteed the security by remote control, and provided guarantee for the rapid and effective strike force of the political and legal units. During the epidemic prevention and control period, the system helped the procuratorial organs not only do a good job in epidemic prevention, but also ensure the effectiveness of handling cases. The application of "three remotes and one network" ensures unimpeded communication between both parties and even multiple parties, effectively saves prosecutors' time in handling cases, and improves the quality and efficiency of handling cases.
The intelligent archive management platform is mainly divided into online electronic archives and offline paper archives. Online electronic file intelligent circulation refers to the unified scanning of the files handed over by the public security organs in the document printing center to form pdf files, which are automatically converted into word files and sent to the cloud disk. Each case undertaker can retrieve and edit the word files under his own name in the system, which greatly saves repeated input, editing The time of abstracting has improved the efficiency of handling cases. The intelligent circulation of offline paper files is to generate unique two-dimensional codes for case files through the system, and become the unique "ID card" of the files. It also relies on the intelligent file cabinet to conduct electronic control of the whole process of paper files, leaving traces throughout the file process.
The criminal intelligent auxiliary system uses big data technology to sort out and archive case information, build a data model and intelligent decision-making system for intelligent sentencing, and realize the push of indictments, judgments, relevant laws and regulations, judicial interpretations, and sentencing suggestions of similar cases. Next, on the basis of the criminal intelligent auxiliary system, it will also realize the intelligent generation of public prosecution documents of case information, and further improve the efficiency of handling cases. At the same time, in the implementation of the system of pleading guilty and accepting punishment with leniency, the use of big data from the procuratorial organ, through comparative analysis of similar cases, can meet the psychological expectations of the defendant for sentencing in advance, objectively reduce the differences between the prosecution and the defense, which is conducive to the realization of simple handling of difficult cases, fast handling of serious cases, improving the quality and efficiency of cases, and promoting the closure of cases.
Reporter: During the epidemic, how did the procuratorial organ confirm the authenticity and accuracy of the amount of crime in handling cases of fraud committed by using information networks? How to avoid the omission of key evidence?
Answer: During the epidemic period, there was a shortage of epidemic prevention supplies, and the demand of the masses increased sharply. There were many online fraud cases against epidemic prevention supplies. The procuratorial organs paid attention to the collection, review and application of electronic evidence in handling cases. In many fraud cases, the key evidence for finalization is mainly electronic evidence such as SMS, WeChat chat records, WeChat, Alipay transaction records stored in mobile phones, which are vulnerable to deletion, virus damage, and modification. In response to this situation, in the early intervention phase, the public security organs should be guided to fix and accurately collect electronic evidence in a timely manner; In the stage of review and prosecution, all the electronic evidence of the case will be entrusted to the technical department for investigation and review, and the evidence information that has not been fully extracted will be restored, so as to build a perfect evidence system, urge the criminal suspect and defendant to plead guilty, improve the case quality, and ensure the court trial effect.
For example, the Procuratorate of Huangyan District, Taizhou City, Zhejiang Province, used information technology to deal with the fraud case of epidemic prevention supplies of Mr. Huang. The People's Procuratorate of Huangyan District, in the early intervention stage, guided the investigation organ to fix the electronic evidence in time, entrusted the technical department with the investigation and review of the electronic evidence in time, and recovered the evidence that had not been extracted before, thus ensuring the quality of the case.
Reporter: In addition to relying on specific information-based case handling systems or platforms, what kind of information-based and convenient service construction has the procuratorial organ carried out in response to the people's legal needs? 12309 Why does the procuratorial service hall introduce long-distance video consultation for lawyers on duty?
Answer: The people's demand for rule of law services and procuratorial services is the direction of the informatization construction of procuratorial organs. In terms of convenience service construction, we first introduced long-distance video consultation for lawyers on duty in the 12309 procuratorial service hall, and second, we used WeChat official account to achieve judicial convenience service.
The system of on duty lawyer workstation of the procuratorial organ is an important measure to implement the Opinions on Improving the Legal Aid System issued by the Central Office and the State Office of the People's Republic of China, and the Opinions on Implementing the Work of On duty Lawyers in Legal Aid issued by the two senior high schools and three ministries. In the case of 12309, the lawyer on duty's remote video consultation can not only provide free legal advice and assistance to the petition people, but also explain the law, reason and answer questions to relevant personnel from a more neutral perspective, which has played a good role in resolving social conflicts in the practice of handling cases and promoted the quality and efficiency of handling cases.
At present, some regional procuratorial organs can use WeChat public accounts to achieve online visits, remote video consultation and case handling. For example, the relevant case handling entrances and functions of the People's Procuratorate of Chengguan District, Lhasa City, Tibet Autonomous Region are all integrated in the one-stop access of WeChat official account, and remote video consultation and remote case handling can be accessed through one button, which can be quickly used even by the elderly or children. Especially in Tibet, transportation costs are high everywhere. Using information technology to handle cases remotely is an effective means to improve case handling efficiency and facilitate people's services.
