The second paragraph of Article 43 of the Criminal Law stipulates that during the period of execution, criminals sentenced to criminal detention may return home for one to two days each month. Recently, Mingguang Municipal Procuratorate, according to the above provisions, proposed the detention center to approve an enterprise manager sentenced to criminal detention to take a leave to go home to deal with the company's emergency affairs, which has achieved good results.
It is understood that this case is also the first case of guaranteeing the "right to go home" of prisoners of detention handled by the Chuzhou procuratorial organ affiliated to Mingguang Procuratorate.
"I want to take a day or two off to go home and deal with the company's affairs." On April 8 this year, Ma Lidan, the prosecutor of Mingguang Procuratorate's Procuratorate in the Detention Center, was in the Detention Center for an inspection talk, and Zhang Mou, the prisoner, told his difficulties and requests. Zhang is an assistant to the general manager of a big market development company in Mingguang City. In July 2023, he was caught by the police for drunken driving, and later sentenced to three months' detention by the court for dangerous driving in the first instance. Zhang told the resident prosecutor that before he entered the prison in February this year, he was responsible for handling all the company's affairs, which had a great impact on the company's affairs. In addition, his son participated in the college entrance examination this year, and his old mother was old and weak, so he couldn't sleep at night and was worried about many things. He especially wanted to go home and visit the company. After hearing Zhang's complaint, the resident prosecutor informed him that he could submit a written application to the procuratorial organ and the detention center.
On April 11, Zhang formally applied for leave. After receiving Zhang's application, the resident prosecutor immediately visited Zhang's company and learned that the main person in charge of the company was resident in other places. Zhang was responsible for the overall affairs of the company. Because he was serving his sentence in the institute, many important businesses of the company were at a standstill. At present, the business situation was poor, and Zhang was urgently needed to go back to deal with it. In order to properly handle Zhang's application for the "right to go home", Mingguang Municipal Procuratorate held a special hearing on April 12, inviting local people's congress representatives, CPPCC members, people's supervisors, representatives of enterprises involved in the case, and the person in charge of the detention center to attend the hearing, understand Zhang's performance during his sentence, and listen to the opinions of all parties. The representative members and people's supervisors present at the meeting all supported Zhang's application for leave to go home during his detention. Mingguang Municipal Procuratorate accepted the hearing opinions and suggested the detention center to agree with Zhang's application according to law.
In view of Zhang's good performance during his sentence, on April 13, the detention center made a decision to approve Zhang to go home for one day according to the procedure. On the same day, Zhang went out of the gate of the detention center led by the guarantor after he had completed the leave procedures. The procuratorial police stationed in the office conduct online supervision through video, telephone and other means.
"The company's affairs have been properly arranged and related matters have been smoothly carried forward. I also went home to calm my son's feelings. Thank you for letting me regain my freedom for a day, and I will continue to reform!" On April 14, accompanied by the guarantor, Mr. Zhang returned as scheduled.
After the completion of the case, the court also held a discussion with the detention center on the issue of guaranteeing the "right to go home" of prisoners of detention, and formed a regular working mechanism, which further clarified the detention center's responsibilities for the execution of penalties for prisoners of detention, supervision and management of the approval of returning home during the sentence, and emphasized that the procuratorate should exercise legal supervision over the execution of returning home activities of prisoners of detention during the sentence.