Editor's note
"A case is worth a dozen documents. For judicial organs, cases illustrate judicial concepts and case-handling rules, and are business textbooks that can be felt and learned. For the people, cases carry the spirit of fairness, justice, and the rule of law, and are vivid and vivid open classes on the rule of law. "In recent years, the Third Branch of the Municipal People's Procuratorate has thoroughly studied and implemented Xi Jinping's thought on the rule of law, implemented the deployment requirements of the Supreme People's Procuratorate and the Municipal Procuratorate, attached great importance to the cultivation and promotion of typical cases, conscientiously summarized and refined the experience and practices in the performance of procuratorial duties, sorted out and formed a number of typical, leading, and reference cases, and opened a "Three Points Case Collection" column on the WeChat public account, in order to tell the story of procuratorial case handling through living cases, convey judicial concepts, and carry forward the spirit of socialist rule of law.
Shi Moumou's application for national judicial assistance
keyword
Juveniles, judicial assistance, closed hearings, and multiple assistance
Basic facts of the case
At noon on May 19, 2023, the victim Shi was stabbed by Tong with a single-edged sharp knife in a place in Chaoyang District, Beijing, due to unsuccessful negotiations on an economic dispute with the defendant Tong, and later died due to ineffective medical treatment. The victim Shi's daughter, Shi Moumou, was only 10 years old at the time of the crime, her parents were divorced, and she lived with her father before the crime. After the incident, Shi's grandparents were too old to bear the responsibility of raising him, so they handed Shi over to his mother to raise. His mother's income is not high, and it is difficult to raise her alone, and Shi Moumou was also deeply traumatized by the death of his father.
The performance of the duties of the procuratorial organs
Lead investigation
The procurator handling the criminal case transferred the leads on juvenile judicial assistance to the juvenile procuratorial work case handling team of our court. On the basis of a comprehensive understanding of the circumstances of the case, the non-prosecution case handling team informed Shi XX's guardian ex officio that Shi XX met the requirements for applying for national judicial assistance, guided him to submit an application for judicial assistance, medical certificates, income certificates and other relevant application materials, and went to Shi's local village committee, school, and home to conduct on-site visits and investigations. After investigation and verification, the non-prosecution case team found that Shi Moumou had financial difficulties in his family because of his father's death, and he also had school boredom and emotional instability. Although he is currently being raised by his mother, due to family factors such as the divorce of his parents, his understanding of family and society has been skewed, and his current family education method may not be conducive to his healthy growth. In summary, it was determined that Shi XX met the requirements for judicial assistance, and the case was filed in accordance with law.
Perform duties in accordance with the law
Considering the urgency of the rescue, after verifying the family's situation, the non-prosecution case team immediately applied for a "small love subsidy" of RMB 2,000 from the Beijing Zhongzhi Care Children's Foundation for Shi Moumou to alleviate the urgent needs of his daily life. In response to the issue of Shi XX's guardian's family education methods, Shi XX's guardian was issued an "Order to Supervise and Accept Family Education Guidance", requiring them to implement family education in combination with Shi's physical and mental development characteristics, and to strengthen parent-child companionship, care and strict requirements. In response to Shi's psychological problems such as school boredom and emotional instability, he actively connected with the Beijing Juvenile Legal and Psychological Counseling Center, and coordinated psychological counseling teachers to conduct psychological counseling for Shi and his family many times to help him get out of his psychological predicament. In response to issues such as whether and how to rescue Shi XX, organize and convene closed hearings, and invite people's supervisors with legal and educational backgrounds to serve as hearing officers. At the hearing, the hearing officers unanimously agreed on the rescue and put forward opinions on the ways and methods of the rescue. In addition, the non-prosecution case handling team also contacted and coordinated the village committee of Shi's place of residence to give him necessary care in terms of daily life.
Case outcome
On May 6, 2024, the Third Branch of the Beijing Municipal People's Procuratorate made a decision to grant judicial aid to the applicant for judicial assistance, Shi Moumou, a judicial aid fund of RMB 33,600. On the same day, the non-prosecution case handling team delivered the above-mentioned money to the applicant Shi Moumou and his mother.
Typical significance
1. Make good use of the "criminal + rescue" lead transfer mechanism to better protect minors in distress due to cases. Although the "four major procuratorates" involving minors are handled by juvenile procuratorial departments or case-handling teams in a centralized manner, there are still a large number of clues related to juvenile rescue hidden in cases involving other procuratorial departments, and most of them are criminal cases. Our court has established a "criminal + rescue" clue transfer mechanism, set up special personnel and posts to be responsible for the transfer of clues, efficiently excavated clues related to the protection of minors in ordinary criminal cases, thoroughly implemented the requirements of the special action of "prosecuting and protecting people's livelihood", and conscientiously achieved "handling every case with high quality and efficiency".
2. Give full play to the supervisory role of the closed hearing system, using the external brain to provide rescue guidance. Procuratorial hearings are the concrete implementation of the people-centered development idea in the judicial field, and can effectively protect the public's right to participate and supervise. In the course of carrying out juvenile judicial aid work, procuratorates actively invite people's supervisors to carry out oversight of juvenile judicial aid work, not only ensuring the legality of judicial aid work and promoting judicial openness, but also giving full play to the role of hearing officers in providing professional opinions and effectively resolving conflicts, and increasing judicial credibility.
3. Create and deepen the "inspection + N" diversified assistance model to help children get out of the predicament. The juvenile involved in the case may suffer serious physical and mental harm as a result of the occurrence of the case, and only providing financial assistance often cannot help the juvenile quickly get out of trouble and return to a normal life. At the same time as carrying out assistance, procuratorates shall truly "walk" into the minors' actual growth environment, and on the basis of their actual conditions and needs, improve their family education environment by means such as supervision and guardianship, family education guidance, and psychological counseling, and simultaneously link up with institutions such as the Youth League Committee, civil affairs, schools, and social public interest organizations, to provide minors with "customized" and diversified assistance, to better help minors get out of their predicament and start a new life.
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Producer: Beijing Municipal Inspection Branch
Contributed by: Song Weidi, First Procuratorial Department