In order to actively implement the criminal justice policy of "less arrest, cautious prosecution and cautious detention", accurately apply detention measures, protect the lawful rights of criminal suspects in accordance with law, increase the transparency of case handling, reduce the pretrial detention rate, and transmit the procuratorial temperature. The Gao'an Municipal Procuratorate held the first detention hearing in Gao'an City on Hu Moumou's suspected case of picking quarrels and provoking troubles.
Due to the needs of epidemic prevention and control, the hearing was held by remote video connection. The undertaker of the investigation organ in this case, the two victims, and the family of criminal suspect Hu X attended the hearing.
01
Case Review
▲Graphics and text have nothing to do with each other
This case is a case of picking quarrels and provoking troubles caused by a quarrel after drinking. At about 1:30 a.m. on October 27, 2021, when the criminal suspect Hu XX and the other four criminal suspects were entertaining in a bar in Gao'an City, they had a verbal conflict with the victim Luo XX and others in the corridor outside the box and then fought, and Hu XX also came forward to beat Luo XX because of his friend's righteousness, and after forensic medical identification, the injuries of Luo XX and Guan XX were minor injuries. On November 2, 2021, Hu voluntarily surrendered to the public security organs.
02
Hearing process
At the hearing on November 15, 2021, the procurator in charge introduced the case situation, the investigators explained the criminal suspect's arrival at the case and the attitude of admitting guilt, and Hu Moumou said on the spot that he voluntarily admitted guilt and accepted punishment, sincerely repented, and sincerely apologized to the victim and was willing to pay the corresponding compensation fees. The parties expressed their opinions on the facts of the case and the negotiated compensation, and explained their respective reasons.
After the hearing, the Gao'an Municipal Procuratorate synthesized the facts and evidence of the entire case and made a decision not to approve the arrest of the criminal suspect in accordance with the law.
03
Regulatory analysis
In August this year, in order to further strengthen and standardize the people's procuratorate's detention review work, the Supreme People's Procuratorate officially issued the Measures for The People's Procuratorate's Detention Hearing:
Detention hearing refers to the people's procuratorate's case review activities in handling cases where the people's procuratorate handles cases in which the period of investigation and detention is reviewed, and the necessity of detention is reviewed, and in the form of organizing and convening a hearing, whether to decide on arrest, whether to approve the extension of the period of investigation and detention, and whether to continue to be detained to hear the opinions of all parties.
The circumstances in which a custody hearing may be conducted are:
(1) It is necessary to verify and assess whether the criminal suspect or defendant is dangerous to society, and whether the juvenile criminal suspect or defendant has the conditions for social assistance and education;
(2) Where there is a major social impact;
(3) Where it involves areas such as the public interest, people's livelihood guarantees, and enterprise production and operation, and the hearing and review is conducive to achieving the unity of the political, legal, and social effects of case handling;
(4) Where detained criminal suspects or defendants, their legally-designated representatives, close relatives, or defenders apply to modify compulsory measures;
(5) Where there are major disputes in areas such as the determination of facts, the application of law, and the handling of cases in cases where there are major disputes in cases of review of the necessity of detention;
(6) Others where it is necessary to hear and review.