The city’s first case!Luo Hu prosecutorial case and past guilty plea different……

2022-05-15 0 By

“Chen, according to your voluntary admission of punishment, in accordance with the relevant provisions of admission of punishment, issue sentencing recommendations for you.If there is no objection to the sentencing proposal, please sign the “Confession letter” and stamp your finger.For the protection of your legitimate rights and interests, to ensure the legitimacy of the admission of punishment process, voluntary, authenticity, the admission of punishment process will be synchronized recording and video…””Thank you to the procureur!I voluntarily plead guilty and have no objection to the recommendation of the prosecution…”In the morning of February 24, luohu District People’s Procuratorate for the first time through the confession of punishment and synchronous recording and video combination of Chen and other four people suspected of helping information network crime case to carry out the confession of punishment.It is reported that this is the city’s first confession of the process of simultaneous audio and video cases.In the interrogation room, the procuratorial technicians turned on the equipment and recorded the whole process of the criminal suspect’s confession.On December 2, 2021, the Supreme People’s Procuratorate issued the Provisions on Simultaneous Audio and Video Recording of Opinions Heard by People’s Procuratorates in Handling Guilty Plea Cases (hereinafter referred to as the Provisions on Simultaneous Recording), which came into force on March 1, 2022.Article 2 of the Provisions on Simultaneous recording points out that when a people’s procuratorate handles a case of guilty plea, it shall simultaneously make audio and video recordings of the procurator’s activities of listening to the opinions of the criminal suspect, the defendant, the defender or the lawyer on duty and signing the letter of guarantee about matters such as sentencing suggestions and application of procedures.After the “provisions on the same recording” was issued, Luohu District People’s Procuratorate attached great importance to it and quickly deployed it, requiring prosecutors to test the “Provisions on the same recording” in order to accumulate experience for the normalization of the same recording.According to the actual situation and construction requirements of our hospital, a total of five sets of synchronous recording and video equipment were configured and installed. The inspection technicians actively cooperated with us to give technical guidance and on-site demonstration drills.The case was a case of helping information network crime activities. All the 4 suspects in the case confessed to the crime, but they could not sign the confession letter on the spot due to the epidemic situation. After full communication with the suspects and defense lawyers, they decided to carry out the confession letter through remote synchronous recording and video recording.The prosecutor in charge informs the criminal suspect of the rights and obligations he enjoys according to law, explains in detail the facts, charges, sentencing proposals and application of procedures, etc., and explains the provisions of the leniency system of guilty plea, and the legal consequences of signing voluntarily or going back on his words after signing.The criminal suspect and his defense lawyer have no objection to the content of the statement put forward by the procuratorial organ.Under the witness of the defense lawyer, the criminal suspect signed the “letter of confession” on the spot.After listening to the opinions, the technical personnel will immediately synchronize the recording and video recording process into a CD and in accordance with the principle of “one case one plate”, handed over to the undertaker to handle the case, the case is finished by the undertaker to file with the case, so that the whole process of confession can be checked, there is evidence to rely on.Suspect Chen said: through the admission of punishment synchronous recording and video this way, I feel fairness and justice, feel the heart of the prosecutor with love to handle the case.Defense lawyers said: the simultaneous recording and video work can prevent irregular listening to opinions, formalism and other possibilities, effectively protect the authenticity and voluntary confession of criminal suspects, reflects the procuratorial organs respect for the right to defense, improve the transparency and credibility of handling cases.In the next step, Luohu District People’s Procuratorate will continue to implement the Provisions on Concurrent recording, protect the litigation rights of suspects and defendants in accordance with the law, ensure the voluntary, authenticity and legality of admission of punishment, make every case stand the test of time, and let the people feel fairness and justice in every case.