Recently, the White Lake Procuratorate obtained a court verdict on a protest against a criminal and criminal case. This case is the first successful case of criminal and criminal protest in the province, and it is also near the White Lake Procuratorate fifteen The first successful protest in years.
two thousand and twenty year seven In June, the White Lake Procuratorate accepted the case of the transfer of the criminal Xia Moumou from Qingshan Prison in Anhui Province to be prosecuted for the crime of breaking the supervision order. Upon review, two thousand and fifteen Year to two thousand and eighteen In, during the period of serving as the leader of the criminals in the sixth prison district of Qingshan Prison, the criminal Xia was suspected of breaking the supervision order by beating many other detainees. The White Lake Procuratorate brought a public prosecution to the court for the crime of disrupting the supervision order. two thousand and twenty year ten month twenty-seven On January 1, the People's Court of Lujiang County sentenced the defendant Xia to one year and six months in prison for the crime of disrupting the supervision order , And the sentence of one year, five months and eleven days that has not been executed for the previous crime, and it is decided to execute a fixed-term imprisonment of two years and nine months.
After reviewing the verdict of first instance, the undertaking procurator believed that Lujiang County People's Court was wrong in applying the law. The reason is that the defendant, Mr. Xia, served his sentence in two thousand and sixteen year five In June, he was ordered by the Hefei Intermediate People's Court to deduct nine months of fixed-term imprisonment two thousand and eighteen year three He was ordered by Hefei Intermediate People's Court to deduct six months of fixed-term imprisonment in June. According to Article 33 of the Provisions of the Supreme People's Court on the Specific Application of Law in Handling Cases of Commutation and Parole, when a criminal is sentenced to commutation and is punished for several crimes due to intentional crimes during the execution of his sentence, the term deducted by the commutation ruling shall not be included in the term already executed. When the court of first instance punished several crimes together, only Xia two thousand and eighteen year three The six months in which the sentence was commuted were not included in the executed sentence, but Xia two thousand and sixteen year five The nine months in which the sentence was commuted were counted into the executed sentence, which violated the spirit of judicial interpretation and led to a misjudged sentence.
The White Lake Procuratorate lodged a protest to the Hefei Intermediate People's Court according to law. The protest case was supported by Hefei Municipal Procuratorate and sent personnel to attend the court. After hearing, Hefei Intermediate People's Court two thousand and twenty year twelve In June, the final judgment was made: the first judgment was rescinded and the defendant Xia was sentenced to three years and five months in prison. The successful protest of Xia Moumou's case effectively cracked down on prison bullies in supervision places, and effectively maintained judicial justice and judicial authority. At the same time, it is also a reflection of the procuratorial organs' strengthening the supervision of criminal trials and performing their supervisory duties, which ensures the correct implementation of national laws. 
