Procuratorial business
Five Years of Gratitude and Resentment Solve Procuratorial Supervision Solve People's Worries White Lake Procuratorate Helps Victims Get Repayment
Time: January 26, 2021 Author: News source: [Font size: large | in | Small

 

two thousand and twenty year eleven In August, Castle Peak Prison transferred the criminal Hu's commutation case to our hospital for comments. In the process of handling the case, the undertaker found that two One doubtful point: First, the criminal's civil compensation has not been fulfilled. The original judgment found that the criminal Hu Moumou stabbed the victim Zhou Moumou with a knife, causing serious injury, and the court ruled that the criminal Hu should compensate Zhou ** economic loss four point four five More than ten thousand yuan. The victim was hospitalized twice and spent medical expenses three More than ten thousand yuan. Hu did not compensate the victim for economic losses at all times, and the victim did not understand Hu's criminal behavior. Second, there is doubt whether the criminals have the ability to perform. After the review by the undertaker, it was found that the monthly average consumption of Hu prisoners in prison was normal, with total consumption one More than ten thousand yuan, and the big account balance two More than 1000 yuan, only four More than ten thousand yuan, and the amount is not large, which shows that Hu's compensation sincerity is insufficient. Although the criminal case file contains evidence of family financial difficulties, its authenticity is questionable. If these problems are not solved, Hu criminals may have disputes with victims over the payment of compensation after their commutation and return to society, which will affect social stability.

After the case undertaker reported to the hospital, the leader asked to find out the facts as soon as possible, so that the case was settled and the people were reconciled. The undertaker went to Lingbi County in time to visit the community residents where Hu prisoners lived. After investigation, he learned that their family economic conditions were ordinary and not difficult, so he compensated the victims four The economic loss of more than ten thousand yuan was no problem, and the financial difficulty certificate issued by Hu's family was untrue. The victim, Zhou Moumou, reported that he had been injured for more than five years, and the court judgment had taken effect for more than three years. He had applied to the court for many times, but had not received compensation. He was in poor health and was in financial difficulties. He urgently hoped that the procuratorial organ could help him get the compensation back. If he didn't pay for the money and didn't stay in prison, he really couldn't figure it out. When the Hu criminal came out, he would definitely ask him to pay for it. After finding the family members of Hu criminals, the undertaker patiently and meticulously interpreted the law: Hu criminals' request for commutation of sentence is not a deserved right, and they should not only convert the number of awards obtained into a reducible sentence, but also fully implement the court's judgment, otherwise there may be disputes with the victims after the commutation and release, which is not conducive to promoting social harmony and stability. After listening to the prosecutor's explanation, Hu's father said that it was proper to compensate the victim for his economic losses. He hoped that the prosecutor would give him a chance to commute his sentence and that he could go home before the Spring Festival. Hu's father went to the Lingbi County Court the next day to pay all the compensation four point four five More than 10000 yuan, Lingbi County Court issued a notice of closure.

However, more than half a month later, the court did not pay the compensation to the victim in time. After learning that, the undertaker contacted in many ways to urge the Lingbi County Court to implement it as soon as possible. Victim Zhou got it four I was very moved after the compensation of more than 10000 yuan, and sent it to our hospital Strictly supervise and enforce the law for the people The banner of. So far, the victim's economic losses have been fully compensated, and we have expressed our understanding for the Hu criminal's injury. Our hospital has agreed to the Hu criminal's proposal for commutation of sentence.

Our law does not stipulate that the court should listen to the opinions of the victims when hearing cases of commutation and parole. In the process of execution of penalty change, if the victims who are directly seriously injured by criminal acts have the opportunity to participate in and express their personal opinions, it is obviously more conducive to improving the importance and rationality of the execution measures of penalty change. When handling such cases, we should not only deal with the case, but also need prosecutors to carefully understand the facts of the case, comprehensively consider the legal and social effects of handling commutation cases, try to make up for and repair the social cracks caused by their crimes, so that the people can feel fairness and justice in every commutation and parole case.