This is an illegal mining case involving many people. Mr. Hu is the person in charge of the scene of the ship stealing river sand. He has been instructed by others to commit crimes for many times, and Mr. Hu did not return the stolen goods after he arrived. According to previous experience in handling cases, the prosecutor in charge will generally approve their arrest.
"Mr. Hu was able to cooperate with the public security organ in handling the case after he arrived, and his work was stable and he had normal economic resources. The crime involved was introduced by a friend. The incident was more accidental, and illegal sand mining was not his main business. Mr. Hu has always been engaged in self-employed business and has always performed well. He quantitatively evaluated and scored the factors affecting social risk from three aspects: personal danger, social harm and litigation controllability. The result is that his social risk is low and there is no need to arrest him. " Che Lingzi further clarified the reasons for not approving the arrest.
After discussion, the joint meeting of prosecutors unanimously agreed with the opinions of the undertaking prosecutors. Finally, the Jinghu District Procuratorate made a decision not to approve the arrest of the suspect Hu according to law.
Tang Hengming, Deputy Procurator General of Jinghu District Procuratorate, told reporters that in September 2023, after the court was identified by the Supreme People's Procuratorate as a pilot unit for quantitative assessment of social risks, it comprehensively studied and judged the main factors affecting the application of custodial coercive measures such as arrest, and believed that the main concern in judging social risks was the "human" factor, The social information outside the case of the criminal suspect is an important reference to reflect the social danger of the criminal suspect. Therefore, it should focus on the family situation, professional background, economic conditions, social exchanges, living habits, activity tracks and other information that can explain the degree of social relevance of the criminal suspect. Subsequently, the hospital organized special classes to carry out multiple rounds of practice, revision and reapplication of the retrospective and ongoing case tests of the cases handled, thus forming a social risk assessment index system and quantitative model with regional characteristics and the "human" factor as the core.
Taking the social information outside the case as an important consideration in assessing social risk, the acquisition of such information is the key. According to Li Guangju, the chief procurator of Jinghu District Procuratorate, in addition to the relevant information transferred with the case by the public security organ, the court, on the one hand, gives full play to the role of the Office of Investigation, Supervision and Cooperation, and improves the quality of information acquisition and evaluation by taking advantage of the information advantages of the public security organ; On the other hand, we actively recruited defenders and legal aid lawyers to participate in the pilot work in combination with the promotion of full coverage of lawyers' defense. In addition, it also uses the relevant data in the national procuratorial business application system and the cross department case handling platform of political and legal integration to obtain valuable case handling information.
The data shows that the rich social information outside the case is the accurate "portrait" of the social danger of the criminal suspect, which effectively improves the quality and efficiency of the review of arrest cases. Since this year, the hospital has used this quantitative method to assess the social risks of 24 suspects, and made a decision not to approve the arrest of 4 of them, and approved the arrest of 20 of them.
